Insurance Litigation, Claims, & Consulting

• Commercial General Liability:  National Restaurant Chain

  Quadrino Schwartz successfully consulted for a joint venture between a national restaurant chain and a group of regional steakhouses.  The client was faced with an unfair competition lawsuit, and…
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  Commercial General Liability:  National Restaurant Chain
  Quadrino Schwartz successfully consulted for a joint venture between a national restaurant chain and a group of regional steakhouses.  The client was faced with an unfair competition lawsuit, and Quadrino Schwartz was hired to analyze the insurance coverage afforded under the advertising injury portion of the client's commercial general liability policy.  Coverage was secured, and the insurer assigned counsel to defend the client in the trade secrets and unfair competition litigation.

• Property & Casualty Insurance:  Third Party Bad Faith

  Quadrino Schwartz obtained $2 million from an insurance company for its bad faith refusal to settle a personal injury case against our client, the owner of a large apartment complex in New York City. When…
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  Property & Casualty Insurance:  Third Party Bad Faith
  

  Quadrino Schwartz obtained $2 million from an insurance company for its bad faith refusal to settle a personal injury case against our client, the owner of a large apartment complex in New York City.

  When a business or individual gets sued but they carry liability insurance, it is expected that the liability insurance company will provide a defense and pay any appropriate settlement. If the insurance company leaves its customer "hanging out to dry", there can be a "bad faith" problem.  That's where Quadrino Schwartz steps in.

  If you have, for example, $1 million in coverage and the lawyer suing you says he will accept the $1million, your insurance company should pay if the case is large and serious and you could be held liable for more than the $ 1 million.  In this case, the insurance company refused to settle the case against our client and a jury rendered a verdict against our client for much more than the limits of his insurance coverage.

  We sued the insurance company for its bad faith refusal to settle the case within the available coverage, and won a settlement of nearly $2 million to compensate our client and make the client whole.

• Groundbreaking ERISA Insurance Class Action

  Quadrino Schwartz was the first law firm in the United States to bring a class action lawsuit against UnumProvident Corporation and its subsidiaries to stop and correct their illegal claims…
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  Groundbreaking ERISA Insurance Class Action
  

  Quadrino Schwartz was the first law firm in the United States to bring a class action lawsuit against UnumProvident Corporation and its subsidiaries to stop and correct their illegal claims practices.  Quadrino Schwartz completely defeated the insurance company's motion to dismiss the Complaint, which was fully sustained by the U.S. District Court.  To date, Quadrino Schwartz is actively pursuing three class actions against UnumProvident and its subsidiaries.

  The class action lawsuit seeks recovery for people who obtained their disability coverage through their employers. Many of those group insurance policies are governed by a federal law called "ERISA".

  Before starting the first case, we conducted many years of investigation and research into the practices of UnumProvident and its subsidiaries. Armed with our extensive knowledge of ERISA law and our many years of experience in conducting litigation on a large-scale basis, Quadrino & Schwartz commenced and pursued the largest ERISA disability class action lawsuit ever attempted.

  Our legal Complaint, filed in the federal court in New York, was vigorously attacked by UNUMProvident's lawyers, who attempted to get the case dismissed. We were successful in defeating UNUMProvident on each and every legal issue raised by them, with the court ordering that the class action proceed against the insurance company on all fronts.

• Health Insurance Audits—“Overpayments” :  Neurology Practice

  When health insurers or HMOs come knocking on the door seeking a refund from a doctor for money alread paid, it's time to get Quadrino Schwartz involved. In one recent case, a major health insurer…
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  Health Insurance Audits—“Overpayments” :  Neurology Practice
  When health insurers or HMOs come knocking on the door seeking a refund from a doctor for money alread paid, it's time to get Quadrino Schwartz involved. In one recent case, a major health insurer sought a $450,000 refund from our client, a neurologist.  The insurer sued, claiming that it "overpaid" the doctor. We fought back hard and demonstrated that our client's billing practices and services were proper.  The insurer was convinced to essentially drop its case by accepting a pennies on the dollar settlement.

• Professional Liability:  Law Firm Coverage

  When a professional liability insurer stopped defending a lawyer's malpractice case right before trial, Quadrino Schwartz stepped in and forced the insurance company to meet its obligation to provide and…
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  Professional Liability:  Law Firm Coverage
  When a professional liability insurer stopped defending a lawyer's malpractice case right before trial, Quadrino Schwartz stepped in and forced the insurance company to meet its obligation to provide and pay for attorneys to defend the lawsuit.

  Sometimes insurance companies pull the plug on defending a case right in the middle of a lawsuit.  Our client, a successful law firm, was sued for malpractice by one of its former clients.  The law firm's professional liability insurer defended the malpractice case but abruptly pulled out on the eve of trial, claiming a fialure of "cooperation" by our client.

  We brought an immediuate lawsuit against the insurance company, successfully delayed the malpractice trial, and then forced the insurance company into direct talks with the plaintiff's lawyer representing the firm's former client.  We mediated a successful resolution, avoided two trials, and brought both casesto a quick and amicable resolution.

• Coverage Success For a Church in the Bronx

  A parish in the Bronx was facing a lead paint lawsuit involving an injury to a child. We were hired by the church to handle the insurance company's declaratory judgment action and all other liability issues…
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  Coverage Success For a Church in the Bronx
  A parish in the Bronx was facing a lead paint lawsuit involving an injury to a child. We were hired by the church to handle the insurance company's declaratory judgment action and all other liability issues in the case.

  We obtained success by getting the insurer to resolve the declaratory judgment action against the church, pay money to the plaintiffs in the liability case, and to have all other parties resolve the rest of case to the great satisfaction of the church and its parishioners.

• Insurance Class Action: Quick Settlement

  When Quadrino Schwartz saw an illegal practice being committed by a major insurance company, the firm commenced a class action to obtain an injunction to stop the practice.  Within days, the insurance…
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  Insurance Class Action: Quick Settlement
  When Quadrino Schwartz saw an illegal practice being committed by a major insurance company, the firm commenced a class action to obtain an injunction to stop the practice.  Within days, the insurance company agreed to stop its illegal practice and Quadrino Schwartz promptly obtained a benefit for thousands of individuals across the United States.

• Auto No Fault Insurance:  Professional Medical Corporations

  When a nationally known insurance company made a second attempt at victimizing medical providers, Quadrino Schwartz led a team of law firms in obtaining a dismissal of the insurance companys'…
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  Auto No Fault Insurance:  Professional Medical Corporations
  When a nationally known insurance company made a second attempt at victimizing medical providers, Quadrino Schwartz led a team of law firms in obtaining a dismissal of the insurance companys' lawsuit.  The insurance company, in an effort to intimidate medical multi-specialty clinics, sued the clinics for refunds of millions of dollars paid by the insurer for medical services provided by the clinics and billed to the insurance company.  The insurer claimed that even though the services were rendered by licensed professionals, the billing was "illegal" because management companies associated with the clinics were not owned by doctors.  Quadrino Schwartz fought hard against this faulty tactic, arguing that the billing was appropriate and that the insurance company's position was not supported by any rational view of the law.  The federal court agreed, dismissing the insurance company's case.

• Lawyer Malpractice Case:  Reversal of Coverage Dumped on the Eve of Trial

  A professional liability insurer withdrew from defending a lawyer in a malpractice suit, claiming that his failure to cooperate invalidated his insurance coverage. We were hired by the lawyer, on the eve…
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  Lawyer Malpractice Case:  Reversal of Coverage Dumped on the Eve of Trial
  A professional liability insurer withdrew from defending a lawyer in a malpractice suit, claiming that his failure to cooperate invalidated his insurance coverage.

  We were hired by the lawyer, on the eve of trial. We successfully convinced the insurer to reverse its position and the entire case was promptly settled in a favorable manner for the client.

• Coverage For Real Estate Management Company In The Hamptons

  We were retained by an East End property management company facing lawsuits over an incident on its premises. Among the many issues presented were insurance coverage disputes regarding multiple parties.…
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  Coverage For Real Estate Management Company In The Hamptons
  We were retained by an East End property management company facing lawsuits over an incident on its premises.

  Among the many issues presented were insurance coverage disputes regarding multiple parties. We obtained coverage for one key player which assisted in a resolution of the entire dispute in a manner favorable to our client.

• Class Action:  Venue Victory

  In one of the class actions pending against UnumProvident (NYSE:UNM), a Federal Court in Massachusetts rejected a last-minute tactical maneuver by UnumProvident that sought to avoid a class certification…
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  Class Action:  Venue Victory
  

  In one of the class actions pending against UnumProvident (NYSE:UNM), a Federal Court in Massachusetts rejected a last-minute tactical maneuver by UnumProvident that sought to avoid a class certification hearing in the State's Superior Court.  Quadrino Schwartz convinced the federal court to act on an emergency basis.  In an extensive emergency Memorandum Opinion, Judge F. Dennis Saylor agreed with Quadrino Schwartz on the jurisdictional issues and rejected UnumProvident's attempt to transfer the case out of the State's Superior Court and into the federal system just 45 minutes before a critical hearing on class certification. See Jewel v. UnumProvident, No. CV 04-40262 . UnumProvident also tried to transfer the class action to Tennessee, where other class actions were previously transferred in September 2003.

  Plaintiffs and the class members in the case are represented by Quadrino Schwartz, Mansfield Tanick & Cohen of Minneapolis, Minnesota, Gilman & Pastor of Saugus, Massachusetts, and Sandals & Associates of Philadelphia.

• Evidence Preservation Order:  Insurance Class Action

  Quadrino Schwartz obtained an important decision in one of the three class actions spearheaded by the firm. In this class action, we are pursuing a reassessment of all claims denied or terminated by UnumProvident…
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  Evidence Preservation Order:  Insurance Class Action
  

  Quadrino Schwartz obtained an important decision in one of the three class actions spearheaded by the firm. In this class action, we are pursuing a reassessment of all claims denied or terminated by UnumProvident under insurance policies issued by New York Life, John Hancock Life, The Equitable, National Life of Vermont, General American Life, and others. These other companies hired UnumProvident to administer their entire book of disability claims and, subsequently, make those claims decisions. UnumProvident used the same illegal claims practices in denying and terminating these claims as they did with their own claims as issued by Paul Revere, UnumProvident, and Unum.

  Based upon the insurance company's prior conduct, Quadrino Schwartz fought for the preservation of additional evidence that was not saved in the other pending class actions.  The insurance compAny fought the effort, but Quadrino Schwartz won the battle.  The decision was recently featured on the front page of the New York Law Journal (3/28/2005). The Journal highlighted the recent decision as a “Decision of Interest” and includes the full text version of the decision.  See Quadrino Schwartz Court Decisions for more information.

   

• Auto Insurance and Professional Liability

  Our client was sued by a major auto leasing company that paid nearly a million dollar settlement on his behalf, since it was liable under the law as the owner of the vehicle.  The leasing company…
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  Auto Insurance and Professional Liability
  Our client was sued by a major auto leasing company that paid nearly a million dollar settlement on his behalf, since it was liable under the law as the owner of the vehicle.  The leasing company claimed that the fine print of the auto lease allowed it to get the money back from our client.  We sued the auto insurance company and their lawyers for failing to protect our client, and we forced them to pay for almost all of the liability and got our client out of the case for less than 5% of the liability.

• Email Destruction Trial:  Insurance Class Action

  Quadrino Schwartz successfully conducted an unprecedented trial in a class action regarding email destruction. Quadrino Schwartz established at the trial that the insurance company violated an…
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  Email Destruction Trial:  Insurance Class Action
  

  Quadrino Schwartz successfully conducted an unprecedented trial in a class action regarding email destruction. Quadrino Schwartz established at the trial that the insurance company violated an evidence preservation order which had been sought and obtained by Quadrino Schwartz.  The preservation order was obtained to prevent emails and other materials from routine or other destruction so that they would be available during the discovery process.  The trial was part of Quadrino Schwartz' longstanding fight against the nation's largest disability insurer.  The firm has obtained significant results and gained protections for literally hundreds of thousands of people throughout the United States.

  From the outset of the class action, we were very concerned about documents and emails being destroyed before we could review them, so we vigorously pursued and obtained from the court a special court order requiring UnumProvident Corporation to save everything that could be possibly relevant to the case. The order required UnumProvident to preserve thousands of boxes of documents and various emails and other computer based information. When it was revealed that many thousands of the company's emails had been deleted, in violation of the court order, Quadrino & Schwartz vigorously conducted an investigation, engaged in a full-blown trial, and obtained a critical court decision regarding the facts found in our investigation.

  The Court's decision after the trial details all of the facts elicited in the Quadrino & Schwartz investigation, which was comprised of depositions of various witnesses, a review of UnumProvident's corporate email communications, as well an in-court testimony elicited by Quadrino & Schwartz on behalf of the many thousands of potential class members. There will be further activities in the litigation to determine the full extent of the harm caused to the potential class members due to UnumProvident's destruction of its internal company emails.

  Quadrino & Schwartz believes that many of these emails contain the critical evidence needed to fully reveal the unlawful claims practices of the company. All of the email tapes that were not destroyed are preserved for our future review so that we can assess what steps the court may need to take concerning this destruction of evidence.

  Based upon the email destruction and UnumProvident's failure to fully secure other critical documents, we pressed UnumProvident to gather and secure other documents, and they resisted. When we brought this issue to the court, UnumProvident was ordered to promptly seize criticial internal company files from the desks and offices of UnumProvident vice presidents and other managers, so that they could be secured for our review. These materials are now being held in a secure off-site warehouse.

   

• No Fault Insurance:  Medical Provider Reimbursement

  When a large scale medical provider was faced with millions of dollars in denied insurance claims, Quadrino Schwartz was hired to fight back.  Abuses by the automobile insurance company were…
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  No Fault Insurance:  Medical Provider Reimbursement
  When a large scale medical provider was faced with millions of dollars in denied insurance claims, Quadrino Schwartz was hired to fight back.  Abuses by the automobile insurance company were prevalent, and they were denying many small no-fault iunsurance claims with apparent impunity.

  Instead of bring hundreds of little suits, Quadrino Schwartz aggregated millions of dollars of claims and brough them in a single case, in federal court.  When the insurance company tried to assert a counterclaim for a refund as a leverage maneuver, Quadrino Schwartz fought back.  The firm obtained a groundbreaking ruling preventing insurance companies from trying to get refunds, either by initiating suits or interposing counterclaims, based upon allegations of improper "corporate structure" of the medical providers. The insurer's arguments were made in an attempt to invalidate proper medical practices and proper billing practices.

  The decision obtained by Quadrino Schwartz has been cited frequently in the no-fault insurance litigation arena and had an impact upon industry tactics.

• Life Insurance:  Policy Lapse Issues

  We successfully fought for a life insurance settlement for an AIDS victim. Life insurance companies often claim that their insurance polices have lapsed due to a failure of the policyholder to pay premiums,…
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  Life Insurance:  Policy Lapse Issues
  We successfully fought for a life insurance settlement for an AIDS victim. Life insurance companies often claim that their insurance polices have lapsed due to a failure of the policyholder to pay premiums, and they deny the insurance claim.  When Quadrino Schwartz gets involved, an investigation often reveals that there have been regulatory violations or other reasons why the insurance policy did not lapse.

  We were hired by the family of an AIDS victim who had died from his affliction.  The life insurance company that held a policy claimed that there was no insurance at the time of death, due to a failure to pay timely premiums.

  Quadrino Schwartz sued the insurance company and established in the litigation that there was no proof that the insurance company sent all of the legal notices that must be sent to the policyholder under New York's statutory scheme.  These notice must be sent by the insurance company in a timely and specific fashion.  Based upon the efforts of Quadrino Schwartz in the lawsuit, the insurance company was forced to compensate the family of the AIDs victim by paying a substantial settlement on the life insurance claim.