Selecting the Right Property Damage Liability and Defense Attorney

Picture of property damage liability

Insurance companies must routinely handle property damage liability claims. These claims can involve numerous types of disasters and other incidents. They affect both real property and personal property such as automobiles. Because these companies can be held liable for such claims, they need experienced and dedicated Westchester property damage attorneys. The law firm of Rosenbaum & Taylor handles property damage liability questions as part of its insurance practice.

We handle a variety of property damage claims that arise in residential, commercial, and automobile insurance, including the following:

  • Water damage
  • Fire damage
  • Flood damage
  • Homeowners insurance claims
  • Motor vehicle damage claims
  • Construction defect claims
  • Pest infestations
  • Mold infestations
  • Vandalism claims
  • Arson claims

Our firm defends insurance companies that handle these and other property damage cases. We have experience with insurance defense matters in both state and federal courts. Working closely with the client, our goal is to limit litigation and reduce or eliminate property damage liability.

Every property damage claim is different, but you can generally expect these and other issues to arise:

  • Damage to the house, building, or property
  • Damage to inventory, supplies, and materials
  • Damage to machines
  • Damage to the house or building foundation
  • Damage to an automobile, truck, or motorcycle
  • Business interruption

In most cases, insurance claims do not go beyond the company and the insured. The company is notified of the loss, the loss is covered by the policy, and the claim is paid. But not everything that is claimed by the insured will be covered. And the policyholder and the insurance company may disagree on the appropriate dollar figure that should cover the loss. When claims are denied or policyholders do not agree on how much should be paid, a lawsuit may result.

Lawsuits do not have to be the ultimate end of a property damage dispute. If possible, we try to use out of court methods to resolve issues. These may include negotiating settlements, mediation, and arbitration.

When lawsuits are unavoidable, they generally accuse insurance companies of bad faith practices. Our firm immediately jumps into action to defend the insurer. We have experience with all aspects of litigation, and we understand the rules of evidence and civil procedure. We also know the applicable discovery rules that will govern your case. Discovery is the process by which parties attempt to obtain information relevant to claims and defenses. This process is engaged during the pre-trial phase, usually long before a case ever reaches the courtroom.

As the defendant insurer in the case, you can count on receiving discovery requests. Those requests include:

  • Interrogatories: written requests for information that must be answered under oath
  • Requests for admission: factual statements that a party must usually admit or deny
  • Requests for production of documents: asking parties in the case to turn over relevant documents
  • Subpoenas: usually these are sent to third parties to obtain relevant documents in the case
  • Depositions: in-person question and answer sessions, similar to what may be asked in a trial

We not only help our clients respond to discovery requests, we use the process offensively as well. This is designed to learn everything we can about the property damage claim. If possible, the information obtained could help us reach an out of court settlement. We work hard to minimize your company’s liability exposure, and we settle cases where doing so is advantageous to you.

When Property Damage Claims Threaten Your Company, Count on Us

Rosenbaum & Taylor is client-focused. Our intent is to keep your costs down, and that includes litigation costs. Property damage claims can be expensive, and they raise complicated legal issues. Count on our dedicated and skilled team to deliver the results your company deserves. Contact us today to schedule a consultation.

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