Insurance Coverage

Herzfeld + Rubin’s top-tier attorneys have substantial experience in the insurance coverage field and have litigated complex and specialized insurance coverage issues on behalf of American and international carriers, governmental agencies and insureds, ranging from real estate developers to religious institutions and individuals.

Our Insurance Coverage attorneys have more than thirty years of experience litigating coverage disputes in all of the state and federal courts of New York. Our team regularly handles a full range of insurance matters, with a core focus on securing and defending coverage disputes involving hundreds of millions of dollars in claims under liability policies involving both mass tort (i.e., asbestos, breast implants, heart valves, lead), and stand-alone claims. The firm is often retained to assert and respond to disclaimer issues, analyze and evaluate coverage, and institute and defend declaratory judgment actions, bad faith claims, employment litigation issues, professional malpractice and policy interpretation. Because of the firm's expertise in the insurance field, our team also regularly litigates subrogation and “anti-subrogation” rule applications with respect to primary and excess carriers, insolvency situations, and policy triggers. Our experience also encompasses such related areas as insurance liquidation, insurance security funds and guarantee associations, additional insured controversies, “other insurance” disputes, priority of coverage and allocation issues, meaning of the term “occurrence,” issues concerning self-insured retentions, and insurance ramifications of contractual indemnification provisions. 

We also regularly counsel clients on a broad range of non-litigation services, such as providing clients with practical advice and guidance for policy drafting, due diligence, claim handling and statutory compliance. Based on years of experience and expertise, the firm routinely lectures to insurance carriers, Bar Associations, and other businesses about complex coverage matters.