Defending Insurance Companies And Businesses For Three Decades
At Melito & Adolfsen P.C., we have been providing strong representation for our clients in personal injury defense and other insurance matters for more than 30 years. Our attorneys understand the challenges insurance companies face, and we work diligently to achieve positive outcomes.
We represent clients in all types of insurance defense claims, including:
- Personal injury, including construction accident claims
- Premises liability, including slip-and-fall claims
- Products liability
- Insurance coverage disputes
- Professional malpractice defense
Our experience and focus in this area help us provide the straightforward answers you need to make sound, cost-effective decisions.
Common Types Of Personal Injury Defense Claims
New York’s complex statutory environment demands aggressive, proactive litigation management. We routinely defend high-exposure claims arising under New York Labor Law Sections 200, 240 and 241. Because Section 240 imposes strict liability on owners and general contractors for elevation-related risks when safety devices fail or are not provided, our defense strategy focuses immediately on establishing sole proximate cause defenses and pursuing risk-shifting mechanisms.
Our firm analyzes the contractual relationships between all parties on a job site at the outset of a claim. We enforce additional insured endorsements and contractual indemnification clauses to transfer the financial burden back to the primary at-fault subcontractors. Furthermore, we leverage the anti-subrogation rule to bar improper claims brought by carriers seeking recovery against their own insureds. By aggressively pursuing these risk-shifting avenues, we frequently insulate primary target insurers from direct indemnity exposure.
Some of the defense cases we handle frequently include:
- Construction accidents: We counter the strict liability provisions of New York Labor Law by identifying statutory exemptions, evaluating sole proximate cause defenses and initiating third-party practice to enforce full contractual indemnity.
- Product liability claims: Our firm protects manufacturers and distributors against design defect, manufacturing defect and failure-to-warn claims. We challenge the plaintiffs’ causal theories by examining the chains of custody and product modification histories.
- Nursing home liability claims: We defend long-term care facilities against allegations of negligence and statutory violations. Our defense relies on objective clinical records to demonstrate compliance with state public health laws, successfully separating pre-existing age-related conditions from the alleged incident.
- Commercial premises liability: We represent property owners and managers facing slip-and-fall or negligent security claims. Our team routinely secures early dismissals by proving a lack of actual or constructive notice or by demonstrating that the condition was open, obvious and not inherently dangerous. We aggressively audit medical documentation to challenge inflated valuation metrics involving routine soft-tissue surgeries.
Our goal in all types of insurance defense cases is to protect your business and the reputation you’ve worked so hard to develop.
Aggressive, Cost-Effective Representation
We design our litigation strategies to secure early dismissals through targeted motion practice, summary judgment applications, and structured depositions. When a high-exposure tort claim involves multiple layers of coverage, settlement demands often carry significant strategic risk. Our attorneys shield insurance carriers against common-law bad faith exposure by establishing a documented, rational basis for every defense position taken.
We provide claims directors with thorough, real-time evaluations of liability and damages metrics. This clear reporting ensures that any decision to litigate or reject an unreasonable settlement demand rests on sound legal analysis. By building an unassailable record of objective evaluation, we protect our insurance clients from bad faith claims while forcing plaintiffs to face realistic valuation baselines at the negotiating table or at trial.
For Insurance Defense Representation, Contact Us Today
If you need legal representation for an insurance defense matter in New York, our team is here to help. Contact our offices in Manhattan today by calling 212-238-8900 or by reaching out online to schedule a consultation.
Important Notice: As a dedicated defense practice, WE ARE NOT A PLAINTIFF’S FIRM. We exclusively represent insurance companies, self-insured corporations, and businesses. We do not accept personal injury or workers’ compensation plaintiff cases.
