Insurance Defense

In his years of practice privately and as house counsel and chief claims officer to a national property and casualty insurer, Mr. Fauth and his team have handled and overseen thousands of claims and lawsuits in the most difficult venues in New York-the Bronx, Brooklyn, Queens and Manhattan-as well as others throughout the Country. The firm has successfully defended cases involving labor law and construction accidents, premises liability, negligent security, commercial auto liability, products liability, lead paint poisoning, and liquor law liability, among others, arising out of commercial liability policies, including garage keeper's liability policies, and homeowner's policies.

The Firm has handled injuries involving fatality, burns, paralysis, brain damage, loss of limb(s), loss of sense, and every conceivable fracture and soft tissue injury. Most defense firms, plaintiff's firms, trial judge's and appellate judges are well aware of the firm and the quality of its practice which possesses the highest quality rating achievable, "AV," from Martindale-Hubbell.

Unlike lawyers at other firms, Mr. Fauth's years with an insurance company imbued him with a keen understanding of management's needs when it comes to the claims decision making process which is a core principle in his practice. In fact, the Firm has developed specialized reporting formats for the various stages of litigation designed to provide the details in a manner which is fast and easy to digest, rather than the lengthy, cumbersome narratives that so many firms provide. It is this knowledge of carrier/examiner needs that makes the firm uniquely able to satisfy the needs of its client insurance companies as few other law firms can.

The Firm's time tested ability to pinpoint the values of or dismissability of cases early on is one of its greatest strengths as well as the following:

Possession of a thorough understanding of the New York Courts, the juries, the judges and the reputations and methodologies of virtually every plaintiff's firm of any moment. All of this is essential to obtaining the best possible results in a given case and in avoiding bad ones.
Employment of a "no stone unturned" approach to investigation, in which all facts, witness evidence, photographs, expert input, plaintiff background information, etc., is gathered. In catastrophic matters, we encourage our clients to engage us as soon as the claim arises, even if it is not in suit, so we can be on site, if necessary, to oversee the investigation and secure the necessary evidence.
Identification of any and all potentially responsible parties to be brought into the action and aggressive pursuit of tenders to carriers and defense and indemnity from other parties. As the firm has a separate coverage unit, it is able to successfully advise on and litigate the more difficult coverage issues in multi-party cases such as those involving construction accidents.
Aggressive approach to discovery and positioning of cases for summary judgment wherever possible. Mr. Fauth prides himself and the Firm's team on a thorough knowledge of the law and exploitation of it to obtain dismissal of actions wherever possible.
Mindful of the need to control fees and expenses, the Firm nevertheless treats and prepare the cases as if they will be tried but with the hope that they will settle where appropriate.

Mr. Fauth personally handles the most complex and catastrophic cases, oversees the preparation for all trials, develops strategy with the client and the trial lawyer, communicates all developments with the client, and ensure the trial/settlement strategy is executed properly. The Firm deploys only seasoned defense lawyers that our fully knowledgable of client guidelines on billing, handling and reporting of cases.

The following is a partial list of recent trial results:

Peter Albano v. KR&S Auto Repair, Kings County Supreme Court (2013).
Plaintiff sought $2.5 million for second and third degree burns to his upper torso alleging defendant's negligent replacement of plaintiff's limousine engine caused the radiator cap to explode and spray boiling coolant on his person. Demand at close of trial $750,000. Offer $25,000. Defense Verdict
Cassetta v. Petroleum Rays and Exxon Mobil Corporation, Bronx County Supreme Court.
Plaintiff sought $2.5 million for discectomy and related back and leg injuries from trip and fall on gas station property. Defense Verdict
Fradella v. Soto, Westchester County Supreme Court.
Hip fracture with reconstructive surgery from alleged slip and fall on defective sidewalk. Case dismissed by Court at completion of plaintiff's cross-examination. (Subsequently, referred to District Attorney for fraudulent claim investigation).
Tirado v. Metropolitan Transit Authority, Bronx County Supreme Court.
Alleged torn rotator cuff with surgery from fall from an access-a-ride vehicle operated by our client the MTA. Demand $850,000; Offer $150,000. Defense Verdict.
Rosenbaum v. Citadel, Kings County Supreme Court.
Plaintiff alleged stroke and subsequent paraplegia as a result of stress from being locked in a basement utility closet of defendant's residential apartment building as result of an allegedly faulty locking mechanism. Demand $10 million; Offer $500,000. Defense Verdict
Settle v. Alleyne, Kings County Supreme.
Plaintiff alleged slip and fall on stairs of defendant's apartment building due to a wet slippery condition sustaining a tri-mal fracture with open reduction internal fixation. Demand $750,000. Offer of $60,000 during jury deliberation accepted by plaintiff.
Coates v. AAA Construction Co. et ano., Suffolk County Supreme Court.
Labor Law 240 case brought by injured construction worker against GC and property owner following fall from retaining wall causing severe ankle fracture with multiple surgeries and insertion of hardware. Demand $1 Million; Offer $150,000. Defense verdict.
Zaldumbidie, et al. v Con Ed, Liberty Plumbing, Allwall Construction., Queens County Supreme.
Plaintiffs sustained fatality, serious burns and multiple other injuries as a result of a gas explosion which occurred during installation of stoves at insured's residential apartment building. Settled during jury selection for $25 million with co-defendants. Defendant insured dismissed from action with $0 contribution.
Callagari v. 420 5th Ave. v. Jansen Construction, New York County Supreme.
Plaintiff stabbed by co-worker, employee of defendant, on construction site suffering a collapsed lung, decortication, thoracic mid-line abdominal non-union, 3 weeks on ventilator, loss of lung and lung function. Defendant employer third partied in our client, the general contractor, alleging contractual and common law indemnification based on contract and allegations of negligent supervision of the workplace. Demand $35 Million; No offer by insured Jansen. Verdict $11.5 Million against first party Defendant 420 5th Ave. Defense verdict for our client, third party defendant, insured Jansen.
Lopez v. Pitons Construction, New York County Supreme.
Plaintiff pedestrian knocked down by defendant's construction van after it jumped curb and ran over plaintiff's foot causing multiple foot fractures and alleged permanent loss of use. Plaintiff demand $750,000. Offer $150,000. Verdict for plaintiff in the amount of $150,000.
Alfonse Mosca and Susan Mosca v. Jason Pulcino and GC Construction Consultants, Inc.
Plaintiff, a 52 year old foundation mason, suffered a fractured clavicle and puncture wound to his left bicep after he fell into a foundation he was constructing at the defendant's residence, impaling his arm on a rebar. Plaintiff sued the homeowner and the general contractor, alleging violations of sections 200, 240 and 241(6) of the Labor Law and common law negligence. The general contractor settled prior to trial for $50,000 and the case proceeded to trial against the homeowner. Demand: $250,000 Offer: $ 10,000. Defense verdict