General Liability

General & Professional Liability Insurance Defense Litigation

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Overview

Our attorneys' depth of experience working with insurance companies has made us skillful and dependable advocates. In our insurance defense work, we are bold, reliable, and aggressive. While we are seasoned negotiators, we are always willing to go to trial if necessary. Our attorneys have litigated insurance matters such as:

• General liability

• Trucking litigation

• Homeowners

• Commercial and personal lines

• Automobile

• Director and officer liability

• Umbrella coverage

• Professional liability

• Construction defects

• Employer liability

• Denial of claims

• Reservation of rights

• Bad faith claims

• Breach of contract

• Errors and omissions

• Property and casualty claims

• Excess coverage and surplus lines

• Insolvency

• Reinsurance

• Premises liability

• Product and retailer liability

Our attorneys have extensive experience in analyzing insurance coverage issues for major insurance companies and provide the highest quality in insurance coverage and insurance fraud related matters.

Our coverage work includes duty to defend analysis, bad faith claims, contractual coverage, policy conditions, business risk and pollution exclusions, personal injury, premises liability, products liability, uninsured and underinsured motorist coverage, fiduciary responsibility, employer practices liability, and worker's compensation coverage. We have extensive experience in first party coverage litigation, and business interruption coverage cases. We have successfully negotiated settlements of coverage disputes to avoid litigation and work closely with professional risk managers and claims adjusting firms and their in-house counsel. We offer our clients services in all aspects of insurance law, including litigation, mediation, and arbitration.

General Liability Claims:

The lawyers of Shendell & Pollock have devoted considerable time in the defense of general liability matters from practicably every conceivable type of accident case, including but not limited to premises liability, security, commercial liability, owners and contractors protective liability, bailor/bailee, defamation, automobile, interstate trucking, airports, construction sites, schools and municipalities, etc. The firm has developed skilled trial lawyers in the general liability arena.

Professional Lliability Defense Litigation:

Shendell & Pollock, P.L. takes great pride in its reputation for excellence in defending all types of professional liability matters. Our attorneys have defended professionals in a wide range of industries and professions including accountants, architects, engineers, investment advisors, attorneys, directors and officers, securities dealers, insurance agents and brokers, real estate agents, and real estate brokers and inspectors. We work closely with the client to prepare a litigation strategy that handles sensitive issues of confidentiality and to minimize the impact of the case on the client's ongoing practice.

Through our vast experience in the defense of a variety of different professions, we have developed an understanding of many diverse industries. This experience enables us to specialize our defense based on the industry's specific standard of care, as well as the specific needs of the client. We recognize that a client's name and reputation may be at stake, and we are therefore committed to a litigation strategy that both protects and aggressively defends each professional.

Lawyers:

The lawyers at Shendell & Pollock, P.L. have defended hundreds of legal malpractice cases over many years. The firm has represented legal professionals ranging from some of the largest law firms in the country to sole practitioners and involving a wide variety of legal specialties and underlying claims and transactions. Our lawyers are experienced enough to recognize cases in which attempts should be made to resolve the matter as soon as possible but at the same time has the experience and talent to successfully defend cases and even recover fees owed to the legal professional. Our firm also provides risk management services to law firms throughout the region to mitigate potential exposures.

Accountants:

The lawyers at Shendell & Pollock, P.L . have experience in representing accounting professionals in both civil and bankruptcy courts in cases arising out of alleged errors and omissions and fraud relating to the provision of accounting services. Our attorneys' backgrounds in the certified public accounting industry provides invaluable knowledge and experience in identifying issues related to Generally Accepted Accounting Principles ("GAAP"), Generally Accepted Auditing Standards ("GAAS") and SEC rules and regulations. In view of the Sarbanes-Oxely Act of 2002, our attorneys and associates have also been involved in a wide variety of claims and disputes concerning the scope of the independent auditor's role as the public watch-dog. Our firm's attorney's also spend considerable time responding to various subpoenas, including requests of the Attorney General's Office for the State of Florida, the Florida Department of Insurance and the Florida Department of Financial Services.

Directors and Officers:

The lawyers at Shendell & Pollock, P.L. have extensive experience in defending claims brought against corporate directors and officers. The firm has handled D&O claims running the gamut from shareholder derivative suits to claims of breach of fiduciary duty, self-dealing, usurpation of corporate opportunities, unlawful distribution of corporate assets, employment-related and other torts, alter ego claims, and a wide variety of breach of contract and commercial litigation.

In view of the Sarbanes-Oxley Act of 2002 ("SOX"), our attorneys have been involved with many facets of corporate governance and the requisite internal controls, which have been dramatically altered, in this very regulated landscape. Our attorneys have a high level of expertise and experience in the areas of securities, banking, commercial litigation and other related corporate claims. Our attorneys not only act as coverage counsel, but have also been retained directly by corporate officers and directors to represent their interests in this highly complex and consistently evolving area. Additionally, in light of the dynamic array of communities owned by homeowner, condominium and time share associations, we regularly represent Associations against both private and class actions.

Insurance Brokers and Agents:

Shendell & Pollock, P.L. has represented insurance brokers and agents in a wide variety of actions alleging errors and omissions involving various types of insurance policies. Our lawyers have acquired extensive experience representing primary, excess and life insurers and claims management organizations in negligence, fraud and bad faith actions.

Architects and Engineers:

Shendell & Pollock, P.L. is skilled in representing and defending architects and engineers in claims arising out of alleged errors and omissions related to professional services rendered on numerous types of projects, including commercial, industrial and residential developments. The firm also offers risk avoidance counseling designed to assist design professionals in preventing future litigation.

Real Estate Brokers and Agents:

Shendell & Pollock, P.L. has represented both national and local real estate brokers and agents in actions involving negligence, fraud and contractual issues. The firm's attorneys have extensive experience in both commercial and residential matters as well as representing real estate professionals before administrative boards such as the Florida Board of Realtors. We have also represented brokers and agents involved in trade secret and business competition actions. The firm has the additional advantage of having access to experienced real estate transactional attorneys who can serve as consultants in these areas if necessary.

Real Estate Title Agents:

Shendell & Pollock, P.L . has significant experience in defending title agents in a variety of claims arising out of real estate transactions. The firm's attorneys have represented both title insurers, title agents, and underwriters in title disputes throughout the region. With the volume of real estate transactions in the State of Florida the firm has been involved in many cases that take on the appearance of fraud actions in this arena.

Nursing Home and Long -Term Care:

Shendell & Pollock attorneys and associates have significant experience in defending nursing homes and long-term care facilities throughout the State of Florida. In an insurance market where many facilities have become targets, our attorneys have been hired by insurance carriers to defend a wide variety of these types of actions at both the primary and excess insurance levels.

Products Liability and Self-Insured Claims:

The firm has devoted considerable time to the defense of large corporations, in both product liability actions and in general liability claims. Those attorneys who are dealing with specific corporate insureds have been taught to be sensitive to the concerns of the self-insured, which are often quite different from the traditional concerns which are associated with the defense of an insured product liability claim. For example, the firm has developed the use of sophisticated confidentiality agreements to protect against disclosure of sensitive product information where cases are settled, and to otherwise preclude wide-scale dissemination of information concerning potentially defective products to the plaintiff's bar or the public. The firm has also been asked to work in conjunction with risk management groups to assess future liability potential, and to otherwise assist in devising quality assurance programs which will reduce the number of potential claims.

The firm has been involved extensively in multi-district product liability litigation and toxic tort litigation. The firm’s attorneys have also been involved in multi-district litigation involving certain over-the-counter medications, and have represented both self-insured manufacturers and retail outlets on product liability claims arising out of alleged product defects. The firm’s lawyers also have extensive experience in defending drug retailers in both product liability and premises liability claims as well as lawsuits arising out of the allegedly negligent dispensing of prescription drugs.

The firm's product liability experience extends to suits involving crash worthiness and wheel and tire defects as well as other forms of automobile, trucking and motorcycle-related product liability claims. The firm has also gained experience in the defense of claims involving various forms of construction equipment, including concrete bumps, cranes, elevators, brick stacking, etc.

A valid concern of every client is the extent of legal fees and costs incurred. Cost savings are achieved by our law firm in a number of ways. First, with office coverage throughout the state of Florida, we are able to provide our clients with defense attorneys who are close to and very familiar with the litigation forum. Secondly, we are very cognizant of the need to deliver our legal services in a prompt and efficient manner, coupled with considerable emphasis on being results-oriented.