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Defense

Individuals and insurance companies rely on the Fitzgerald Firm to develop and implement successful defense strategies, solve difficult legal problems, and advise them on their critical insurance and legal issues in virtually all areas of defense and insurance coverage. Example of these services include defense of cases relating to auto and truck accidents, accidents on property, products liability claims, construction and Labor Law §§ 200, 240(1) and 241(6) litigation, and property and fire loss claims as well as related insurance coverage lititation and declaratory judgment actions, amongst many others. In defending the interests of individuals and insurance companies, we are sensitive to budgetary concerns and we recognize each client is unique and no single approach or strategy will work for every client. However, each client does share common goals in the defense of any case including early analysis, prompt reporting, efficient representation, full-service representation through trial and appeal, and of course results. Let the Fitzgerald Firm discuss your defense needs with you today.

Defense Practice Areas

In order:

  • Auto & Truck
  • Insurance Coverage
  • Labor Law and Construction
  • Premises Liability
  • Product Liability

Auto & Truck Defense Defense

For many years Attorney Brian Fitzgerald has defended commercial and personal insurers and their insureds in all types of auto, truck or motorcycle accident claims including bodily injury liability, property damage, personal injury protection and no-fault, and supplementary underinsured motorist claims. In addition to handling all aspects of civil litigation of these claims, from pre-suit negotiation through trial, we routinely appear at alternative dispute resolution hearings including mediations and binding and non-binding arbitrations.

Insurance Coverage Defense

The Fitzgerald Firm has experience providing defense for a wide range of insurance coverage issues for insurers, brokers, reinsurers, and policyholders.

Our representation includes analyzing policies and terms and conditions of coverage to determine if payment or coverage is required, issuing coverage opinions, investigating cases to prevent overpayment of excessive damage claims, and pursuit of subrogation claims, amongst others. These issues frequently arise in a wide array of cases and situations including auto and truck accidents, slip and fall incidents, product claims, construction litigation, and general property damage claims. If you are handling a claim related to an insurance coverage issue we can help you by providing legal guidance and representation.

Labor Law and Construction Accidents Defense

Construction accidents implicating the provisions of the New York Labor Law are often some of the highest exposure cases that insurers face. Knowledge of the Labor Law, and the current state of the case law, is crucial to a successful defense as is the experience and ability to handle the extensive discovery proceedings and depositions that are necessary to defend these cases. The Fitzgerald Firm has extensive experience handling large exposure construction accident cases and have successfully represented many project owners, developers, general contractors, construction managers, subcontractors, employers, and their insurers in cases involving personal injury, wrongful death, and injured workers claiming inability to return to the workforce. In addition, we have extensive experience counseling clients on insurance coverage issues that are often intertwined with large construction projects including pursuing declaratory judgments and third-party enforcement claims. We have won favorable decisions in these types of cases at trial and on appeal in New York State courts.

Premises Liability Defense

Attorney Brian Fitzgerald regularly represents commercial and residential building owners and cleaning, maintenance, and plow contractors in premises liability cases. We have successfully defended a wide variety of premises liability cases including slip and falls, trip and falls, and construction accidents, amongst others and have been successful at trial and on appeal.

Product Liability Defense

The Fitzgerald Firm has knowledge and experience defending designers, manufacturers, distributors, and retailers of consumer products, industrial equipment, recreational equipment, and household products, amongst other products of all types against product liability claims in New York. We also routinely represent our clients in connection with coverage issues that arise in these types of cases. Our representation is always timely and efficient and focused on your bottom line to achieve the best result possible.