Property Insurance Litigation
Clarity and Strength in Insurance Coverage Disputes
Sections
overview
focus areas
depth of practice
team
insights
industries served
representative matters
testimonials
contact us
overview
focus areas
depth of practice
team
insights
industries served
representative matters
testimonials
contact us
Overview
The Rupp Pfalzgraf Property Insurance Litigation team provides trusted legal representation to insurers facing a wide range of property damage claims. We work with insurance adjusters, claims professionals, engineers, architects, remediation contractors, cause and origin experts, mold experts, and forensic accountants, ensuring that the insurance contract is enforced as written and any conflicts are brought to a definitive resolution. In every case, our goal for you is simple: pay only what you owe, not what’s being unfairly demanded of you or your company.
Our attorneys represent large and small insurers in first-party claims involving a broad spectrum of issues, including, but not limited to, fraud, arson, residency, insurance coverage disputes, policy interpretation and applicability of exclusions, valuation issues, and the appraisal process, if invoked. We are well-versed in the legal rights of insurance companies and policyholders, including the effects that policy definitions and exclusions have on insurance coverage. We bring that knowledge to bear at every stage of a claim, from initial investigation through final resolution, including appeals, if necessary.
When a claim warrants closer scrutiny, we know how to dig in. Our team conducts detailed investigations, collaborates with industry experts, and uses examinations under oath to develop a complete and accurate picture of the loss. We also understand, apply, and implement applicable subrogation law and pursue recovery from responsible third- parties when appropriate. Last year alone, we recovered almost $3.7 million for our insurance clients through our aggressive subrogation efforts.
When litigation is necessary, our attorneys are experienced and aggressive advocates in both trial and appellate courts across New York, with a track record of successfully fighting fraud, arson, and valuation dispute claims on behalf of insurers, while working to protect our clients from both illegitimate claims and unnecessary financial exposure.
With a forward-thinking approach and sharp attention to detail, our goal is to safeguard your interests and deliver the results your company deserves.
We Answer Your Property Insurance Litigation Questions
- When should I hire an attorney for a property insurance claim dispute?
- What should I do if I suspect arson or fraud in a property insurance claim?
- How can I challenge an inflated property damage claim from an insured?
- When can I require an insured to submit to an Examination Under Oath (EUO)?
- How do I determine the true value of a property damage loss under New York law?
- What is the Broad Evidence Rule, and how does it affect property claim valuation in New York?
- What should I do if a policyholder disputes my coverage determination?
- When should I invoke or reject the appraisal process in a property damage claim?
- How can I recover claim payments from a third party responsible for the loss?
- What experts should I use to investigate a suspicious property insurance claim?
- What happens if a first-party property insurance dispute goes to litigation?
- How can I enforce the terms of my insurance policy when coverage is challenged?
Whether a claim requires detailed investigation, strategic litigation, or recovery from responsible third parties, our property insurance litigation attorneys help insurers enforce policy terms and resolve disputes efficiently and effectively.
Focus Areas
Examinations Under Oath
To further investigate an insurance claim or loss, we are well-versed in conducting the sworn testimony of an insured to leave no possible stone unturned.
Arson & Fraud Investigations
We analyze suspicious fires to not only determine whether arson was committed to defraud an insurance company into paying for a non-fortuitous loss, but also to recover from the responsible party through subrogation if applicable. Working alongside industry cause and origin experts, we conduct thorough investigations to uncover the facts and to protect our clients from illegitimate claims.
Coverage Review & Analysis
Analyzing insurance policies, their terms, conditions, and exclusions, and applying them to each loss is a key part of our practice. We examine policy definitions and exclusions to provide insurers with a clear picture of their obligations, making sure they pay what they owe, preventing unnecessary windfalls to an insured, and nothing more.
Litigation of First Party Property Disputes
When a claim is sued, we represent our clients in trial and appellate courts to defend insurance companies against policyholder disputes on the applicability of insurance policy provisions and claim valuation using NY’s broad evidence rule. Our attorneys are aggressive advocates committed to achieving results that protect our clients’ interests at every stage of litigation.
Broad Evidence Rule
Our team applies New York’s Broad Evidence Rule on the valuation of property damage claims when it applies to a particular loss. By carefully considering all relevant broad evidence factors bearing on a property’s value, we work to ensure that damage valuations are accurate and are in line with the true value of the property lost, and ensure that insurers are not subjected to inflated or unsupported claims that sometimes result in claim overpayment.
Appraisal of Property Damage Claims
We monitor and handle a specialized third-party process contained in most insurance contracts when invoked by either the insurer or insured to resolve property damage valuation disputes without the need for litigation, should the appraisal process apply to the loss.
Subrogation
We ensure insurers can recover every last dollar they can from third-parties responsible for causing the damage after the insurance company policyholders are compensated. Our team conducts thorough loss investigations, collaborates with industry experts, and pursues strategic litigation to maximize recovery and minimize financial losses for our clients.
Depth of Practice
Our depth of practice includes experience with:
- Conducting examinations under oath
- Analyzing suspicious fire losses to determine whether arson was used to make a fraudulent insurance claim or if there is a responsible third-party for the loss
- Investigating and defending fraud claims in first-party property matters
- Reviewing and analyzing insurance policies, including policy definitions, conditions, and exclusions, to determine the scope of coverage owed
- Representing insurance companies in first-party property coverage disputes at the trial and appellate court levels
- Applying New York’s Broad Evidence Rule to properly evaluate and contest the valuation of inflated property damage claims made by insureds
- Monitoring and managing appraisal proceedings as a third-party alternative dispute resolution process for property damage valuation disputes
- Pursuing subrogation claims to recover funds paid to policyholders from responsible third parties through investigation and strategic litigation
- Collaborating with industry professionals, including adjusters, engineers, architects, cause and origin experts, mold experts, and remediation companies, throughout the claims and litigation process
- Serving as counsel to municipal insurers and large and small insurance carriers on property coverage evaluation and the defense of first-party property claims
Insights
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Representative Matters
- Represented a regional property insurer in a coverage dispute, where a motion for summary judgment was granted on the issue of residency, dismissing the plaintiffs’ lawsuit in its entirety prior to trial. The motion was bolstered by thorough discovery and several non-party depositions that clearly demonstrated to the Court that summary judgment was warranted.
- Represented a regional property insurer and successfully dismissed the plaintiff’s lawsuit seeking contents damages and extra-contractual damages via a pre-answer motion to dismiss, which was converted to a motion for summary judgment. The Fourth Department affirmed the trial court case, fully resolving the matter in our client’s favor before discovery.
- Represented a national insurance carrier in a dispute with a remediation services company that demanded an appraisal for its expenses. We aggressively challenged the demand, stating that our client would not pay for the usurious charges. In response, the remediation company withdrew its appraisal demand and waived the remaining invoice balance.
- Represented a regional insurer on a suspected arson claim from a fire that occurred at a property in Rochester. We conducted a thorough investigation, including an examination under oath. While we could not obtain direct evidence that an arson occurred, we were able to obtain a plethora of circumstantial evidence pointing to arson, sufficient to support a complete denial of the claim, saving our client $60,000. The insured retained counsel and threatened litigation, but ultimately, no lawsuit was filed, in part because of the inconsistencies we obtained in the insured’s testimony during the investigation.
- Represented a mutual insurance carrier regarding a claim for stolen items from an apartment. Through extensive investigation, we uncovered a social media photo posted by the insured depicting one of the purportedly stolen items taken after the reported date of loss. The insured then waived her claim, so our client paid nothing.
Testimonials
As a small family business that has operated for over 50 years, we understand the importance of trusted advisors. Rupp Pfalzgraf, specifically Attorney Marco Cercone, has provided thoughtful and thorough legal guidance in helping us navigate complex corporate matters. Marco has been an invaluable partner to our company. His responsiveness, professionalism, and genuine interest in understanding our business makes him someone we truly trust and value.
Working with Marco Cercone and the team at Rupp Pfalzgraf has been a breath of fresh air. Marco brings exceptional knowledge and strategic insight to insurance defense matters, particularly with respect to New York law. His responsiveness and turnaround time are truly outstanding. Marco approaches each matter with focus, urgency, and a clear commitment to providing the strongest possible defense for his clients. Our experience working with him has been excellent, and we’re very glad to have him as counsel
I have been a client of Rupp Pfalzgraf for years now. I’ve come to believe there is nothing Marco and his dedicated staff of partners, associates and administrative personnel can’t handle. They are committed and aggressive in their representation, determined to identify the most appropriate approach to defend or prosecute a matter. They are knowledgeable and accessible; legal positions and outcomes are explained in detail. And underneath all that consummate professionalism are relatable individuals who are just as concerned with you personally as they are with producing the best possible outcome for the task they were retained.