Construction Accidents
Brand & Associates also is experienced in handling construction claims, and
has represented both general and subcontractors in claims arising out of
workplace injuries. The firm is knowledgeable concerning OSHA regulations,
and has experience analyzing indemnification clauses in light of the body of
statutory and case law governing those issues. Brand & Associates is
experienced in guiding the investigation of such claims, as well as in
litigating the defense of said claims, and also has analyzed coverage issues
for insurers when called upon to do so.
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Environmental Claims
Brand & Associates’ attorneys have defended a wide variety of claims falling
under the environmental umbrella. Such claims have included allegations of
pollution or contamination of soil and groundwater, leakage from underground
storage tanks and toxic buildings. The firm has represented contractors and
product manufacturers, as well as other parties, in claims involving
environmental damage. In addition, the firm has counseled insurers on
coverage issues involving the application and interpretation of pollution
exclusions in comprehensive general liability policies.
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Insurance Coverage
Brand & Associates’ lawyers have decades of experience analyzing the terms
and construction of all lines of business, including personal and commercial
automobile, homeowners, comprehensive general liability and inland marine.
Our extensive experience litigating the interpretation of these policies
puts us in a unique position to advise our clients on a variety of issues,
including coverage, duty to defend and reservations of rights. Whether a
coverage issue requires opinion of counsel, defense of an insurer’s position
or a declaratory judgment action to determine an insurer’s rights and
obligations under a policy, Brand & Associates has the experience to guide
its clients’ cases to successful conclusion.
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Insurance Fraud
Brand & Associates has extensive experience investigating and litigating
insurance fraud claims, and utilizes aggressive strategies to obtain
outstanding results, whether through early dismissals of cases or defense
verdicts at trial. We have handled thousands of fraudulent claims, ranging
from staged automobile accidents and “paper” accidents, to arson, to
exaggerated injuries and medical provider billing -- involving not only
claimants but their medical care providers and lawyers as well. Our
attorneys are highly experienced in all aspects of first- and third-party
claims, and are well versed in tactics used by claimants who perpetrate
fraud. Our attorneys work closely with a variety of experts -- such as
medical experts, cause and origin experts, experts in data generation and
evaluation, engineering experts and forensic accountants -- where needed, to
fully evaluate and defend against fraudulent claims.
As part of Brand & Associates’ fraud practice, Brand & Associates
conducts examinations under oath, of which its attorneys have conducted
thousands. It also responds to bad faith claims, files counterclaims,
pursues civil recovery actions, and interfaces with law enforcement,
including district attorneys’ and attorneys generals’ offices, as well as
boards of professional licensure.
Brand & Associates’ attorneys have lectured at international, national
and regional industry conferences and seminars, including for the
International Association of Special Investigation Units, the Insurance
Fraud Management Conference, the New England Association of Automobile Fraud
Investigators, and the International Association of Auto Theft
Investigators. Lecture topics have included medical provider fraud, low
impact collisions, staged collisions, opportunistic bodily injury fraud,
testifying techniques, unfair claims handling practices, examinations under
oath and black box technology. In addition, the firm has conducted numerous
in-house seminars on these and related issues.
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Municipal Liability
Brand & Associates has represented numerous municipalities, public officials
and employees in a broad spectrum of matters. The firm has considerable
experience defending these clients against a wide variety of allegations,
including highway defect, negligent motor vehicle operation, premises
liability, civil rights violations, and other claims arising from the
performance of public duties. The firm’s attorneys have a wealth of
knowledge and experience working with the unique body of statutory and case
law applicable to the public arena.
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Premises Liability
Brand & Associates has investigated and defended countless premises
liability claims, in which personal injury or damages are alleged to have
occurred due to defective conditions on commercial or residential premises.
Such claims cover a wide range of scenarios, from slip and fall incidents on
sidewalks and in stores, to allegations of injury resulting from negligent
security, to falling objects. Our attorneys are highly skilled in evaluating
such claims, and in obtaining evidence through investigation and/or
pre-trial discovery which will aid in defense of such claims, including
those which may be of questionable legitimacy.
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Products Liability
Brand & Associates’ attorneys are experienced in handling product liability
cases, specifically the defense of designers, manufacturers and those in the
distribution chain, against claims of negligence and breach of warranty.
Such claims have included claims of defective design, defects in
manufacturing, and failure to warn or instruct. The firm’s attorneys have
experience with claims covering a wide range of products, including
automotive products, construction equipment, asbestos, and other consumer
products. In addition, Brand & Associates has handled insurance coverage
issues which arise in the context of product liability claims.
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Property Coverage
Brand & Associates’ attorneys have years of experience handling a variety of
property losses involving both commercial and residential properties. The
firm’s representation of insurers ranges from assisting with investigations
and taking examinations under oath, to defending insurers in those instances
where denial of a claim results in litigation. The firm has consulted with
numerous experts in conjunction with the handling of these matters,
including engineers, cause and origin experts and forensic accountants.
Brand & Associates’ expertise can help insurers fully support their claims
decisions, in particular where claims are denied, so as to avoid or defend
against bad faith claims or extracontractual liability.
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Subrogation
Included in Brand & Associates’ wide-ranging insurance practice is the
handling of subrogation matters. Over the years, Brand & Associates’
attorneys have obtained numerous subrogation recoveries for their clients,
through litigation, mediation and negotiated settlements. The firm also
assists insurers in evaluating and preparing for inter-company arbitration
of subrogation claims.
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Trucking
Brand & Associates also is experienced dealing with trucking and towing
matters, and with issues relating to hazardous materials clean-ups which may
arise in conjunction with trucking accidents and towing claims. The firm has
instituted replevin actions and secured bonds on behalf of its clients, as
well as litigated issues involving rate disputes.
Our practice also includes the defense of insurers against claims for
Personal Injury Protection benefits, as well as claims made for benefits
under other compulsory or optional coverages. Our services include
conducting or guiding investigations of claims before decisions on them are
made, and to that end, our attorneys have conducted thousands of
examinations under oath.
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