Practice Areas & Industries: Wilson Elser Moskowitz Edelman & Dicker LLP

 





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Practice/Industry Group Overview

For those who compete in the complex professional liability marketplace, having the right program management partner can be a key advantage. Yet many potential partners fall short of providing comprehensive services.

Wilson Elser offers one of the industry’s most comprehensive program management services, with combined experience, depth and resources that cannot easily be matched. Program Management is a dedicated practice area within the firm comprising licensed attorneys who evaluate and investigate claims, offer opinions on coverage, issue coverage positions, retain and manage counsel for insureds, budget and manage litigation expenses, and make reserve recommendations. Our accomplished negotiating skills as attorneys provide leverage and enhance cost-effective resolution of claims.

Our Program Management team has handled tens of thousands of professional liability claims and has well over 100 years of combined experience in handling professional liability insurance programs, including errors and omissions, employment practices liability, directors and officers, allied health and a wide range of other specialty insurance programs. We have been the appointed national claims counsel with respect to various professional liability insurance programs, including association-based programs.

With the support of dedicated partners, of counsel, associates, program administrators, former claim professionals, registered nurses and paralegals, our team manages programs nationwide. We also draw on the legal support, personnel and resources of all of Wilson Elser’s attorneys and regional offices for specific practice area experience.

Wilson Elser can provide such value-added services as risk management and educational seminars and webinars, a free risk management hotline and immediate response to insureds’ requests for claim status updates. All of our attorneys are experienced in working with insureds to resolve potential issues before they escalate and are trained to respond to insureds’ needs in a personal, professional manner.

In addition to risk management advice and guidance, our professional services include comprehensive litigation and claim management from the claim intake stage to resolution. This process encompasses claim and fact investigation and development, coverage investigation and recommendations, reserve evaluation and recommendations, analysis of settlement opportunities and recommended resolution strategies.

Our claim management system generates a fully customizable bordereau that is tailored to our clients’ specific needs, as well as the triangulation of losses. We store and track claim data and undertake an analysis and breakdown of the information in a format that is easy to review and digest. We also can tailor claim data and metrics to our clients’ needs as necessary.

As experienced attorneys, we use our expert negotiating skills to promote early resolution and mitigation of exposure for insurers and their insureds. We attend and actively participate in mediations, settlement conferences and arbitrations. In the rare instances in which it is in the best mutual interests of the insured and the insurer to strategically litigate a claim to conclusion, we have the skills and experience to fight aggressively for a favorable outcome.


 
 
Articles Authored by Lawyers at this office:

Illinois Appeals Court Rejects Application of Absolute Pollution Exclusion to Claim for Unpleasant Odors Emanating from Hog Farm Manure
Loren S. Cohen,Jacob R. Graham,Carl J. Pernicone, January 03, 2014
In Country Mutual Insurance Company v. Hilltop View, LLC, 2013 IL App (4th) 130124, an intermediate Illinois appeals court held that the absolute pollution exclusion in an umbrella policy did not preclude coverage for a claim by neighbors for unpleasant manure odors arising out of the...

New Jersey Court of Appeals: Discovery Related to Bad Faith Claims Should Be Stayed Pending Resolution of Insurance Claims for UM/UIM Benefits
Kim M. Connor,Thomas F. Quinn, December 20, 2013
On November 21, 2013, in Procopio v. Government Employees Insurance Company, a/k/a and d/b/a GEICO, Docket No. A23-1-12T2, an intermediate New Jersey appeals court held that in a pending uninsured motorist (UM) or underinsured motorist (UIM) coverage case, a policyholder may not file a complaint...

Exclusion Requested by First Named Insured and Contained in the Prior Policy Is Binding on All Named Insureds, Even Those Unaware of the Exclusion
Carl J. Pernicone,Robert E. Rider, December 13, 2013
In Berkhouse v. Great American Assurance Co., Case no. 13-0264, November 22, 2013, the West Virginia Supreme Court of Appeals rejected the argument by an injured party in a third-party declaratory judgment suit that an umbrella policy’s liquor liability exclusion unknown to a named insured...

Everyone Can Find Reasons to Give Thanks for 2013 California Coverage Opinions
Louis H. Castoria, November 28, 2013
Thanksgiving is one day when the whole family gets together and sets aside petty differences to give thanks to the Almighty for the bounty we enjoy.

Duty to Settle Absent a Demand? California Court Says No
Patrick M. Kelly,D. Victoria LaBrie,James A. Stankowski, November 19, 2013
The California Court of Appeal in Reid v. Mercury Insurance Company [(2013) 220 Cal.App.4th 262 (rehearing denied November 6, 2013)] found no California authority “standing for the proposition that there is a duty to settle when there is a claim that is vastly in excess of the policy limits...

Eleventh Circuit Affirms Dismissal of Claim against Insurer for Indemnification or a Defense for a Privacy Claim under a Professional Liability Policy
Richard L. Reiter, November 14, 2013
On October 22, 2013, in The Zodiac Group, Inc. v. Axis Surplus Insurance Co., the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of The Zodiac Group’s (Zodiac’s) claim against its insurer for indemnification or a defense under a...

Court Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured
John R. Clifford,Edward P. Garson,Ian A. Stewart, November 11, 2013
Recently, in San Diego Assemblers v. Work Comp for Less Insurance Services, Inc. (October 4, 2013, CA Court of Appeal, Fourth Appellate District), the court upheld the granting of summary judgment on behalf of a broker on the grounds that it breached no legal duty to its client. The court rejected...

New York Court of Appeals: Vandalism Coverage under “Named Peril” Property Policy Can Apply Even When Malicious Act Is Not Directed at Covered Property
Judith Zuckerman Frantz, November 11, 2013
In a case with broad implications for property owners near construction sites (Georgitsi Realty, LLC v. Penn-Star Insurance Company, No. 156, October 17, 2013), the New York Court of Appeals has opened the door to broad first-party property damage coverage for losses emanating from nearby...

Recent Court Decisions Concerning Unclaimed Life Insurance Benefits Can Assist Insurers in Defending Regulatory Audits and Future Litigation
William T. Bogaert,Sandy M. Smith, November 11, 2013
Perhaps the most significant litigation, regulatory and compliance issues facing life insurance companies can be found in the unclaimed property audits, multi-state regulatory settlements and class action lawsuits surrounding unclaimed life insurance benefits. With the assistance of third-party...

A Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters
Carl J. Pernicone,Frederick J. Pomerantz,Stacey B. Rowland,Sandy M. Smith, November 05, 2013
A year after Superstorm Sandy came ashore, the New York Department of Financial Services (Department) issued Circular Letter No 8 of 2013 to inform New York licensed property/casualty insurers of the regulatory standards they should expect to encounter the next time a federal or state disaster...

As the “NY State of Health” Enters Its Third Week, a Look at the Role of Navigators
Frank J. Fanshawe,Sandy M. Smith, October 23, 2013
New York’s Health Insurance Marketplace, officially called the NY State of Health, has entered its third week of operation, and as of October 8, 2013, had enrolled 40,000 New York residents in health insurance plans offered through the Marketplace. These enrollments have taken place online,...

Long-Awaited Colorado Court of Appeals Stresscon Decision a Mixed Bag
Joseph F. Bermudez,Jessica C. Collier,Suzanne M. Meintzer,Melissa W. Shisler, September 27, 2013
Extends Notice-Prejudice Rule to Voluntary Payments under Liability Policies, Finds “Other Insurance” Clauses Curb Double Damages Penalties and Leaves Pertinent Bad Faith Question Unanswered

Despite the Best of Intentions, Paving the Way for the Next Financial Meltdown
Frederick J. Pomerantz, August 24, 2013
At the Cannes Summit in November 2011, the G-20 Leaders endorsed the Key Attributes of Effective Resolution Regimes for Financial Institutions (‘the Key Attributes’) as the international standard for resolution regimes. As reported in Bloomberg Business Week on August 12, 2013 [C....