Insurance Coverage Litigation Services in Englewood Cliffs, NJ
PRACTICE OVERVIEW
NY/NJ Coverage Litigation Attorneys
Moon & Associates' insurance coverage practice involves both transactional and litigation counseling. Our practice includes counseling commercial clients with respect to their insurance structure and benefits. Our attorneys consult with clients on insurance needs prior to a policy’s issuance, analyze proposed insurance coverage, and advise clients as to the potential impact of coverage issues on business decisions and risk tolerance.
At both the trial court and appellate levels, we have successfully pursued coverage on behalf of both policyholders (homeowners, property owners, and business owners) and nationwide insurers to enforce their respective rights under the insurance policy. We have vast experience dealing with general liability claims arising from:
- An insurance company is bound by contractual duties in its insurance agreement as well as by the state. An insurance company has the duty to defend and indemnify its insured from any responsibility for any accident they may have caused, even if it is unclear whether the accident is covered by the insurance policy. An insurance company that does not comply with its own policy or state laws may be acting in bad faith.
- When property damage arises from a Fire and Explosion, Flood, Water Damage, or Collapse an insurance attorney can assist you in gathering the evidence to determine the origin of the event and determine how to calculate and present a claim for damages.
- Insurance agents may be held liable for intentional or unintentional negligence when they proffer inadequate coverage, procure the wrong type of policy with insufficient coverage, or fail to provide timely notice of a loss on your behalf.
- If you were injured by a defective product, you may have grounds to bring a product liability case against the manufacturer, distributor, or retailer.
- Insurance coverage is not often clear-cut. An attorney can decipher the terms of the insurance policy to determine if coverage exists and if it is consistent with the terms and requirements of the policy.
Navigating an insurance claim can be complex since time-sensitive analysis can ultimately make the difference in obtaining a favorable result. Insurance companies have experts such as adjusters, accountants, and attorneys in place at the outset of your claim. In order to successfully file an insurance claim, there are a few factors to keep in mind:
- An attorney can assist you in properly documenting the amount of your claim by gathering photos of any damage, repair invoices and estimates, and incidental expenses.
- Provide written notice of your claim to an adjuster or agent as soon as possible.
- A complete copy of your insurance agreement is necessary to evaluate your claim. This includes the declarations, endorsements, and exclusions.
- Experts such as an adjuster, accountant, and appraiser can ensure that your insurance valuation is accurate.
- Some of the worst damage from a fire, such as soot, odor, smoke, and water damage, is oftentimes invisible. Employing your own team of lawyers and professionals can help you get the compensation you deserve.
We help policyholders through the lengthy, complex, and stressful process of filing an insurance claim against their insurance company to secure the appropriate benefits under the terms of the policy. We have represented the leading insurance companies in coverage disputes over business insurance policies and homeowners policies and are well equipped to handle complex insurance disputes. Our attorneys will develop a plan for resolution should your claim be denied, delayed, or undervalued so you can resume your business operations quickly and mitigate your loss.
Notable decisions:
We have obtained favorable decisions on behalf of nationwide insurers that have rescinded coverage to homeowners for breach of contract due to material misrepresentations in the application and failure to bring timely notice of a claim.
- , successfully upholding the insurance company’s revocation of coverage under a homeowner’s policy in an underlying personal injury suit, where an investigator determined that the insured materially misrepresented the number of dwelling units in the application.
- , successfully upheld the insurance company’s refusal to provide coverage in an underlying personal injury suit under a homeowner’s insurance policy where the alleged insured was not named as an insured on the face of the policy on the date of the subject accident.
- , successfully upheld the insurance company’s revocation of a homeowner’s policy for a fire loss, where the insured was found to have materially breached the terms of the contract by misrepresenting the number of dwelling units in the application for insurance.
- , successfully reversing the lower court’s denial of summary judgment and upholding the insurance company’s disclaimer of coverage to a business owner for a personal injury suit, where the business owner failed to notify the insurance company of the incident until 17 months after the fact.
- , successfully upheld the insurance company’s revocation of coverage to a commercial building owner for an underlying personal injury suit brought by a tenant, where the insureds failed to provide the insurer with timely notice of the suit or inquire into the identity of the owner’s insurer.
- , successfully upheld the insurance company’s disclaimer of coverage for a fire loss under a homeowner’s policy, where the named insured materially misrepresented his residence premises when he procured the insurance policy.
- , successfully upheld the insurance company’s disclaimer of coverage for breach of the policy where the subject premises were not covered under the policy.