An article authored by Goldberg Segalla attorneys Marci Goldstein Kokalas, Christian A. Cavallo, and Courtney H. Zucker has been published in the New York Law Journal.

The piece, entitled “Just the Facts – What Is an Insurer to Do?,” takes a deeper look at the varying concerns insurers face with claims presenting factual issues. Some of the concerns mentioned in the piece include whether the insurer is bound by the determination of the factual issue in the liability action even if the insurer is not a party, whether the insured’s defense counsel can take discovery or make arguments concerning the factual issue in the liability action, and whether the insurer should move to intervene in the liability action.

The article also delves into relevant New York case law and practical guidance for insurers when faced with such issues.

“As is often the case, the insurer’s best course of action is to remain proactive,” they concluded. “Whether it be litigation or otherwise, an insurer should take best efforts to independently investigate the claim at issue in the liability action and develop the facts it will need to sustain its coverage defenses.”

READ THE FULL ARTICLE HERE (SUBSCRIPTION REQUIRED): https://www.law.com/newyorklawjournal/2024/10/07/just-the-facts-what-is-an-insurer-to-do/

MORE ABOUT THE AUTHORS:

Marci Goldstein Kokalas focuses her practice on complex insurance coverage matters and disputes arising under general liability and property policies, including both first-party and third-party liability actions. She regularly represents insurers through trial and appeal, as well as in arbitration and mediation, and provides coverage opinions, policy analysis, reservation and declination letters, and pre-litigation counseling. She also devotes a significant portion of her practice to complex commercial litigation, liability claims, cyber breach response and compliance, and employment matters.

Christian A. Cavallo is a leader of the Global Insurance Services New Jersey team and of the firm’s Transportation Coverage team. Chris focuses his practice on representing and counseling insurers and other commercial clients in complex, high-exposure matters involving both first- and third-party insurance products, including extracontractual claims and claims arising under consumer protection statutes.  Chris regularly writes and presents on emergent insurance industry topics, and he is involved in leadership roles for the firm’s GIS Webinar series.

Courtney H. Zucker focuses her practice on counseling and defending insurers in a variety of complex coverage matters under general liability and property policies, including first- and third-party liability actions. She regularly counsels clients on their obligations to provide coverage to insureds under their policies and their ability to seek additional coverage on behalf of their insureds. Courtney’s experience also includes defending complex, catastrophic, and high-exposure labor law, premises liability, property damage claims, and work on the California Consumer Privacy Act. She manages all stages of litigation, from inception to trial.