Page 46 - NYLJ Professional Excellence 2021

LITIGATION DEPARTMENT OF THE YEAR:
INSURANCE

COHEN ZIFFER FRENCHMAN

& MCKENNA

Q&A What are some of the department’s most satis-
fying successes of the past year and why? Our
work on behalf of policyholders seeking coverage for their OUR TEAM HAS SEEN EVERY POSSIBLE ENDING TO
pandemic-related business interruption losses has proved THIS CRISIS AND CAN GUIDE YOU TOWARD THE BEST
challenging, eye-opening and satisfying. Beginning in mid-2020, OUTCOME AS QUICKLY AS POSSIBLE. BECAUSE OUR TEAM
it was surprising to see many courts throw out policyholders’ EXCLUSIVELY REPRESENTS POLICYHOLDERS (OFTEN IN
cases before allowing discovery, contrary to years of case law CRISIS), WE CAN SEE SEVERAL STEPS AHEAD AND CAN
and traditional pleading standards. We’ve seen courts treat HELP OUR CLIENTS AVOID COMMON PITFALLS AND
these cases differently from pre-pandemic property damage MAXIMIZE THEIR CHANCES OF SUCCESS. OUR TRACK
cases and we’ve had to get creative with our legal arguments RECORD OF SUCCESS SPEAKS FOR ITSELF, AND OUR
to distinguish our clients’ cases from those that have failed OPPONENTS KNOW WE’RE WILLING TO TAKE ANY CASE TO
before. We’ve dug in to strategize how to craft pleadings in TRIAL IF NECESSARY—WHERE WE’LL LIKELY WIN. BECAUSE
the most favorable venues to give our clients the best shot OF THAT, OUR REPRESENTATION ITSELF CREATES LEVER-
at recovery. Seeing those arguments begin to succeed and AGE, AND OUR CLIENTS ARE OFTEN ABLE TO AVOID
seeing our clients’ cases proceed past the motion to dismiss LITIGATION ALTOGETHER WHEN WE GET INVOLVED.
stage and into discovery, where they have the opportunity

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44 October 2021 |