Goldberg Segalla attorneys publish article on insurer defense in New York Law Journal

An article by Goldberg Segalla attorneys Marci Goldstein Kokalas, Christian A. Cavallo, and Courtney H. Zucker has been featured in the New York Law Journal. The piece titled “Just the Facts – What Is an Insurer to Do?” explores various concerns insurers encounter with claims involving factual issues.

The authors address questions such as whether an insurer is bound by a determination of a factual issue in a liability action when not a party, if the insured’s defense counsel can take discovery or argue on the factual issue in the liability action, and whether an insurer should intervene in the liability action.

The article examines relevant New York case law and offers practical guidance for insurers dealing with these issues. The authors advise that "as is often the case, the insurer’s best course of action is to remain proactive," suggesting that insurers independently investigate claims to support their coverage defenses.

Marci Goldstein Kokalas specializes in complex insurance coverage matters and disputes under general liability and property policies. She represents insurers through trial, appeal, arbitration, and mediation while providing policy analysis and pre-litigation counseling.

Christian A. Cavallo leads Goldberg Segalla's Global Insurance Services New Jersey team and Transportation Coverage team. He represents insurers in complex matters involving first- and third-party insurance products and writes on emergent industry topics.

Courtney H. Zucker counsels insurers on coverage matters under general liability and property policies. Her experience includes defending labor law, premises liability, property damage claims, and work related to the California Consumer Privacy Act.

For more details on their insights into insurer defense strategies, readers can access the full article through subscription at: https://www.law.com/newyorklawjournal/2024/10/07/just-the-facts-what-is-an-insurer-to-do/