Rivkin Radler attorneys Mike Welch and Mike Troisi, together with local counsel Reid & Riege, obtained a pre-answer dismissal of a coverage suit brought against our insurance company client in the District Court of Connecticut. Plaintiff, a used car dealership, submitted a claim for a fire loss to its leased property, which occurred on

Michael Troisi, Brian Bank, Michael Welch, Laura Mulholland, and Michelle Vizzi secured dismissal of a COVID-19 business interruption putative class action on behalf of Badger Mutual Insurance Company. Three insured Las Vegas restaurants sued Badger in federal court (District of Nevada) on behalf of themselves and a putative class of other policyholders seeking coverage for over

Michael Welch and Mark J. Wagner, Jr. obtained dismissal of a public adjuster’s third-party complaint alleging breach of contract against the firm’s client.  The court agreed with Welch’s and Wagner’s arguments that the insured’s public adjuster had no standing sue nor was he a third-party beneficiary under the insurance policy.

Michael P. Welch and J’Naia L. Boyd were successful in obtaining a dismissal of plaintiff’s complaint in its entirety.

In this action, brought in the Western District of New York, plaintiff claimed that it was the mortgagee under a homeowner’s insurance policy and entitled to coverage for fire damage to the property. Welch and Boyd argued

Uniondale, New York – April 25, 2019 – The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings.  The firm’s Insurance Coverage Practice Group is ranked in Band 3 in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group ranked in Band 4 in the

Michael Troisi and Michael Welch were successful in obtaining summary judgment dismissing plaintiff’s complaint in its entirety.  In this action, plaintiff claimed that it was the mortgagee under a homeowners insurance policy and entitled to coverage for a property damage loss.  Troisi and Welch argued that the plaintiff was merely a third party purchaser after

David M. Grill and Michael Welch obtained a significant victory on behalf of their client who owns a residential property in Brooklyn.

Specifically, they were awarded partial summary judgment for the client on the issue of an adjoining property owner’s strict liability. The award was pursuant to New York City Building Code § 3309.4, for

Mike Troisi and Mike Welch presented on the topic of “Recurring Issues in Arson Investigations,” at a joint New York State Chapter of Special Investigative Units, Inc. (NYSSIU) and New York Anti-Car Theft & Fraud Association (NYACT) training meeting held on October 4, 2017 in Verona, New York.

Training Flyer

Rivkin Radler partners, Michael Troisi, Pia Riverso, and Michael Welch, defeated a policyholder’s suit for breach of contract and bad faith on the basis that the policyholder’s claim was time-barred and was not subject to tolling.  The dispute arose from a retaining wall that was damaged a decade earlier.  The policyholder filed a claim with

Michael Welch, Sean McAloon, and Greg Mann obtained a complete dismissal of a complaint seeking extra-contractual damages brought against our client, an automobile insurance company.  Plaintiffs alleged that that they were entitled to damages in excess of $200,000.00 for breach of contract under a policy of automobile collision insurance based upon the carrier’s refusal to

Michael Welch and Matthew Feinman obtained a complete dismissal of a complaint brought against our client, an automobile insurance company.  In granting the motion to dismiss, the court adopted each of our arguments that plaintiff’s action was time-barred by the insurance policy’s one year suit limitation provision, and that plaintiff had failed to state a

Michael Welch will be a speaker at the New York State Bar Association’s 2016 Law School for Insurance Professionals program.   This program will explore topics that confront insurance professionals daily.  New York attorneys will provide insights and updates on current legal issues that the savvy insurance professional won’t want to miss.

Michael’s session is entitled,

David M. Grill and Michael Welch were successful in obtaining a license on behalf of our client to access its neighbors property for the purpose of assessing possible damage caused to its building.  Our client contends that a portion of its building was damaged during its neighbors construction project.  The only way to assess the

Michael P. Welch and Viktoriya Kruglyak obtained a pre-answer dismissal of a complaint brought against our clients, an insurer and agent, based on the plaintiff’s failure to timely serve the action and the complaint pursuant to CPLR 306-b and CPLR 3012(b).  The court denied the plaintiff’s cross motion to extend his time to serve the

Michael Welch and Sean McAloon obtained a complete pre-answer dismissal of a Complaint on behalf of our client, State Farm Fire & Casualty Company, in an action wherein the Plaintiffs, Richard and Mary Bennett, sought compensatory damages arising out of an oil spill on their property and the subsequent remediation of the spill, as well

In one of only a handful of decisions nationwide to address the issue, Rivkin attorneys Michael Versichelli and Michael Welch obtained dismissal of a putative class action brought by an insured against his automobile insurer, GEICO, alleging that GEICO breached the policy and engaged in deceptive business practices by specifying non-Original Equipment Manufacturer (non-OEM) structural

On July 19, Michael Troisi and Michael Welch, partners in the firm’s Insurance Coverage & Litigation and Litigation & Appeals Practice Groups, presented, “A Guide to Investigating Mortgagee Claims Submitted for Losses Occurring Pre and Post Foreclosure,” to State Farm Fire & Casualty Co. in New Windsor, New York.

On March 9, 2011, Michael Troisi and Michael Welch presented a seminar entitled, “Underwriting Issues For Property Held In Trust.” 

On September 16, 2010, Michael Troisi, Michael Welch and Adam Koblenz co-presented a seminar entitled, “Common Issues In the Investigation of Property Claims,” in St. Louis, MO.

On July 12, 2010, Michael Troisi, a partner in the Health Services and Insurance Coverage & Litigation Practice Groups, and Michael Welch, an associate in the Insurance Coverage & Litigation and Litigation & Appeals Practice Groups, presented a seminar entitled, “A Guide to Investigations of Mortgagee Claims Submitted for Losses Occurring Pre and Post-Foreclosure.”

Michael Welch presented on the topic of Coverage For Losses at Abandoned Property at the ABA, Tort Trial & Insurance Practice Section, Property Law Committee Annual Spring CLE Meeting, April 2010.