Insurance Coverage Litigation Issues
About Us
Barry M. Feldman has been practicing for over 32 years, specializing in insurance coverage issues. Mr. Feldman began his legal career in insurance defense litigation, handling various types of defense cases – defending homeowners, automobile accidents, physicians, attorneys, manufacturers, insurance agents, etc., and also undertook the cause of the plaintiff, or injured party, in such actions. As a result, he gained familiarity with the applicability of various types of insurance policies and coverages, including personal, business, commercial, professional, and umbrella.
Having dealt with insurance contract issues from the policy holder and insurance company perspectives, flip sides of the same coin, Mr. Feldman consults with and represents both policy holders and insurance companies.
A policy holder issue generally relates to obtaining coverage for a loss, or defense for a claim. To avoid their duties to the policy holders, insurers should timely assert valid defenses to coverage as stated in the policy. Insurance policies present many traps for both policy holders and insurers. Consequently, it is the interpretation and application of the various interrelated, and frequently confusing, policy provisions which determines who prevails in a lawsuit. Mr. Feldman’s vast experience in this industry gives his clients that distinct advantage when faced with litigation.
We frequently handle insurance coverage issues for other lawyers. They trust us with their clients, as our goal is to represent the client in the coverage issues and litigation, but not take the client from the other attorney. That is a trust that we have earned and have jealously guarded over the years. By being a small insurance boutique, we provide that personal one-on-one contact with their clients and the attorneys who refer them to us. Whether the policy at issue is personal or business, we provide the support and counsel to the client and the comfort and security to the attorney that their relationship is safe with us.
In addition, Mr. Feldman serves as a court-nominated case evaluator, and as a private and court-ordered mediator, facilitator or arbitrator. Frequently, he serves these roles and fulfills the requisite duties as the neutral chair, but with his unique experience he also fills the plaintiff and defendant chairs as may be necessary.
Our commitment to creative fee structures
Our goal is to provide the best service and to obtain the best result possible for our clients. Unfortunately, the economic realities of the business are such that attorneys fees can and frequently do prevent a policy holder or an insurer from getting the kind of service that each deserves. We have a commitment to creative fee structures that are not only fair, but are in the best interests of our clients.
Investigative Fees
The investigative phase of a case is frequently overlooked by less experienced counsel. In rushing to litigate, areas of recovery are often sacrificed in the interest of signing a retainer agreement with the client. An investigation by our firm or any other reputable insurance coverage firm can take anywhere from several days to several months. We believe that the more thorough the investigation, the greater the likelihood of success and an expeditious resolution of the matter. A time consuming investigation cannot be borne by a firm without compensation. However, in our experience, money spent on a thorough investigation is more than saved in litigation expenses.
Litigation Fees
We offer several flexible fee arrangements to meet the needs of the policy holder and the insurer. These arrangements may be hourly, contingent or a hybrid of these traditional fee models.