Insurance Coverage and Defense

Flink Maswick’s insurance coverage practice group is frequently called upon to provide coverage opinions to our clients, mostly insurance carriers, and we are likewise regularly called upon to handle first and third party matters in litigation. Since 1983, when Ed Flink formed his first law firm, he and the attorneys of Flink Maswick have, in their careers, rendered thousands of opinions to our insurance carrier clients, and litigated hundreds of such matters throughout the State of New York, in both New York State Court and Federal Court. We have been privileged to review dozens of matters of first impression, and have “made law” on numerous occasions, in the Appellate Divisions of the New York State Supreme Court and the New York Court of Appeals.

The attorneys of Flink Maswick also has an active first party practice, frequently being asked to assist our insurance carrier clients in their investigation of fraudulent or otherwise suspect claims, implicating the whole array of coverage conditions and exclusions. Often the coverage review involves the conduct of Examinations Under Oath. Where appropriate, Flink Maswick issues the disclaimer of coverage and, if necessary, commences or defends the coverage action.

While most of our work in this practice area is on behalf of insurance companies, Flink Maswick also counsels and represents in litigation other businesses and individuals who need attorneys to assist them in disputes with insurance carriers.

Lead Paint and Mold

The attorneys of Flink Maswick Law PLLC have considerable experience in the defense of toxic tort cases, including lead paint and mold cases.  Members of our firm have tried to conclusion, and argued appeals in cases involving claims of lead paint exposure.  We handle cases throughout New York State, from the New York metropolitan area to Rochester and Buffalo. 

Our defense philosophy in these cases is consistent with that applied in other insurance defense matters.  We believe in the benefits of a well and wisely developed investigation; the thoughtful, early evaluation of the merits of the claim; and the formulation of an action plan designed to achieve the desired result through focused investigation, discovery and defense/settlement strategy.  When necessary, the law firm recommends and utilizes experts on the issues of liability, causation and damages.  We know the experts in this field, just as the others in the liability industry, and call upon top notch industrial hygienists, neuropsychologists and neurologists and other relevant experts in order to defend the interests of our clients and principals.

Our attorneys utilize their skills and experience to present the strongest defense possible.  Whether the case is to be tried or resolved in some alternate dispute forum or negotiated to a settlement, the attorneys in this practice group are skilled and knowledgeable.  We have the wherewithal to take the case from pre-suit analysis and investigation, through trial and appeal.

Asbestos

Flink Maswick also handles the defense of asbestos claims.  Our defense philosophy on these cases varies slightly from our normal procedures due to the unique nature of asbestos litigation. We learn from the client early on the nature of the product, the existence or non-existence of asbestos and, where there is the potential for asbestos, the likelihood of the asbestos becoming airborne.  Our efforts are directed at distinguishing the client’s product from those identified by the product identification witnesses and at reducing the exposure to the client.  When warranted, we share experts with other like defendants.  We handle these cases discretely in our effort to eliminate or minimize liability exposure to our clients. 

The attorneys have decades of experience in defense of premises liability lawsuits. This practice area includes allegedly dangerous conditions on real property. We represent homeowners, residential landlords, commercial landlords, commercial tenants, municipalities as well as contractors in regard to claims such as fall-downs, trip and fall, falls from heights and falling items.

When the case warrants, the attorneys utilize experts to assist in the preparation of the case, calling upon engineers, architects, contractors, meteorologists and others to review, evaluate and perhaps testify. 

The attorneys have the knowledge and skill to effectively handle these cases on behalf of their clients. 

The attorneys at Flink Maswick Law PLLC have the capacity and experience to handle the defense of product liability cases. Flink Maswick attorneys have been involved in cases involving a wide variety of products: asbestos, drill presses, a folder-cutter machine that makes cardboard boxes, candy, soup, bicycles, electronic sliding doors, elevators, telehandlers, propane water heaters and even something as seemingly simple as a ladder. 

Although the client typically provides the best witnesses and best experts, Flink Maswick has used outside experts and consultants to assist in the defense of these cases. The attorneys work hand in hand with the client, expert and the insurer, if the client is not self-insured, to prepare the client for the rigors of defense of its product. Visits to the manufacturing site and conferences with key personnel are frequently part of the defense strategy.

From the initial investigation to preparing the clients for depositions, through trial Flink Maswick’s attorneys are there to assist, guide and lead in the development and execution of defense strategy in order to obtain favorable results for our clients.

Flink Maswick’s attorneys have extensive experience in the defense and litigation of motor vehicle accident cases, having collectively handled thousands of these cases. Edward Flink has lectured to attorneys and claims professionals on the issues germane to the defense of these matters, including the New York No Fault Law and the serious injury threshold. We are also up-to-date in the related areas of SUM and uninsured motorist claims. 

We pursue focused discovery, and an aggressive defense to all aspects of the case, to make the case as favorable as possible from the liability and damages’ perspectives. We engage in motion practice and appeals when that strategy is warranted. When necessary, the law firm recommends and utilizes experts on the issues of liability, causation and damages. Our attorneys have utilized accident reconstruction experts, bio-mechanical engineers, toxicologists and other relevant experts in order to protect the interests of our clients.

From low impact/soft tissue litigation through catastrophic injuries, including traumatic brain injury and wrongful death, our attorneys utilize their skills and experience to present the strongest defense possible. Whether the case is to be tried or resolved in some alternate dispute forum, the attorneys in this practice group are skilled and knowledgeable, and have the wherewithal to take the case from pre-suit analysis through appeal.