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(516) 249-3450

AREAS OF PRACTICE

INSURANCE DEFENSE

The primary focus of the firm’s litigation practice is defending claims presented in New York, which seek damages for alleged personal injuries arising out of the use and operation of a motor vehicle and stemming from claimed personal injuries arising out of the ownership or occupancy of real property. The firm’s major clients include self-insured entities and nationally renowned insurers.

Fully staffed services tailored to meet evolving issues

The firm’s litigation group is structured to provide its clients with fully staffed services in practice areas tailored to meet the evolving issues raised by newly presented claims. We have attorneys, paralegals and legal assistants, directly responsible for claims in large exposure personal injury claims; another group devotes its expertise to pursuing funds based upon liability claims, indemnity contracts or under the available remedies provided by Insurance Law § 5105 (loss transfer matters) in the American Arbitration Association. Additionally, the firm defends a wide range of medical provider claims under New York’s No-Fault Statute and we conduct investigation-related legal services to uncover and root out fraud-based claims. Finally, we also routinely address coverage issues, choice of law inquiries, and have been specially retained to investigate our clients’ coverage rights and, when necessary, challenge disclaimers through litigation.

The firm’s litigation group is driven by the goal of resolving claims on our clients’ terms. This is accomplished by providing a detailed analysis of each particular claim, while simultaneously pursuing strategies that incorporate our clients’ ultimate objectives, and concurrently balancing the cost of achieving them. Since the firm’s inception, it has built a reputation in the community for excellence, which is evidenced by the fact that it is classified in Martindale-Hubbell as an “AV” Firm – the highest rank given to law firms on a nation-wide basis.

GENERAL LIABILITY

CC&I clients have retained the firm to defend a broad spectrum of commercial and residential litigation that includes construction litigation with general contractors, subcontractors, leased premises with landlords, tenants and subtenants, premises liability claims and product defect claims. Our firm also has a focused specialty defending Labor Law 200 and 240 claims.

Control litigation by implementing defense plans

Some view certain claims such as the trip and fall on snow or ice as a routine matter that requires limited legal insight. However, CC&I views every dispute for which it is retained as counsel as one that requires the attention of an experienced litigator to assess the client’s legal options procedurally and substantively. This experience enables CC&I attorneys to put in place a defense strategy that will guide the course of the litigation. Without a coordinated litigation plan and a known objective, even the most fundamental litigation can chart its own course and jeopardize a client’s rights. CC&I prides itself on its ability to control litigation by implementing defense plans that lead to the particular results sought to be achieved by our clients.

RENTAL CAR PRACTICE

CC&I specializes in providing litigation related defense services to companies who provide retail rental vehicles to the general public. This is a very focused practice area especially as it relates to an “owner’s” potential liability for damages in New York and insurance coverage that may apply to the renter or other users of the vehicle.

A wide breadth of experience which offers our clients seasoned litigators

New York case law in this area is continuing to develop both from the vantage point of New York’s Vehicle and Traffic Law §388 with particular reference to the Federal Transportation law and compelled coverage from carriers otherwise seeking to avoid their policy obligations codified at 49 U.S.C.A §30106, as well as particular legal rights available to self-insured companies.

CC&I has successfully orchestrated agreements to have actions discontinued against rental car companies, pursuant to the Federal Transportation law. In addition to those claims presented against our clients, issues of insurance coverage such as additional insured certificates and hold harmless provisions in loaner agreements are routinely analyzed by our attorneys and their applicability and enforceability assessed.

We are also well versed in the nuances of the procedural and substantive implications of New York’s Insurance Law §5102(d). Here again, CC&I takes pride in having a wide breadth of experience that offers our clients with seasoned litigators who know how to guide a personal injury case through the court docket so that it can be positioned for dismissal through a dispositive motion. Equally as critical is the capability to devise a complex litigation plan that results in the necessary defense evidence at trial. Whether the same comes in the form of video surveillance taken of a claimant dancing, where she claims she can not, or through the words of an expert biomechanical engineer or a specialist in Complex Regional Pain Syndrome, CC&I attorneys have the practical experience to meld the medical information into trial facts in such a way that they can be understood and believed by the jury

MOTOR CARRIER DEFENSE

CC&I has a dedicated group of attorneys focused on resolving issues faced by motor carriers operating in and through the State of New York. Our practice extends to defending against claims brought for personal injuries arising out of the use and operation of commercial motor vehicles, as well as defending against actions commenced by regulatory bodies under both State and Federal Law.

Never allowing the Trucking Industry to be put on trial

The firm’s litigation group and support staff are familiar with the impact of the Federal Motor Carrier Safety Regulations on the day-to-day operations of motor carriers in New York State. We have also conducted arbitration on behalf of our clients in response to fines levied for regulatory violations. Our clients know that we have the litigation background, knowledge of insurance law, and legal acumen to provide them with the best possible resolution of the issues they face each day. Our firm is able to accomplish this by quickly responding to our client’s needs in order to minimize areas of exposure, and controlling the manner and pace in which litigation is conducted. Finally, CC&I makes sure that only the issues heard are those which matter, never allowing the trucking industry itself to be put on trial.

FIRST PARTY CLAIMS

The firm has been at the forefront of the defense counsel bar since the rising escalation of First Party related claims, also known as No-Fault litigation. Since 1995, when medical providers initiated their forum change to state court as compared to arbitration, CC&I has been a leader in devising defense strategies that countered the ever growing volume of claims filed by medical providers.

This legal effort has required an evolving challenge based upon quickly changing decisional law often based upon decisional authority which is openly hostile to the insuring entities and their counsel who are defending these claims.

CC&I has been a leader in devising defense strategies

CC&I clients have engaged the firm in all facets of this aspect of litigation, including the defense of individual claims, state court trial work, appellate practice and class action defense services. We have also taken the lead to neutralize claims early on by conducting Examinations under Oath of claimants to ferret out fraudulent billing providers, staged claims and limit prospective future medical exposure.

CLIENT RECOVERY/SUBROGATION

Our clients are often in the position of having financial recovery rights against third parties that stem from having made valid payments. Whether these claims stem from contractual obligations, pursuant to the terms of an insurance policy or because the loss was sustained by a negligent third-party, our firm has a practice group particularly focused on this specialized area.

Enforcing recovery rights against third parties

The firm aggressively handles these claims initiating lawsuits throughout the State of New York in order to compel payments.

The practice group handles first party recovery litigation such as payments made under the Additional Personal Injury endorsement of an insurance contract, a client’s breach of an NF-11, homeowner fire losses, construction collapses, product defect cases with component part failures, as well as property damage claims stemming from an automobile accident.

APPELLATE PRACTICE

Carman, Callahan & Ingham LLP recognizes that the court’s of general jurisdiction do not always get it right. That is, the decisions of the trial courts, at times, fail to adhere to binding precedents or fail to apply rules that benefit our client’s legal position. In other situations our clients are faced with appeals perfected by our adversaries following a ruling by the trial court in favor of our client.

Advocating disputes through all phases of the New York and Federal Court System

Our firm prides itself in being able to seamlessly provide our clients’ with experienced appellate practitioners who have regularly chartered the course of defending a decision from the lower court or challenging an adverse ruling.

This onsite experience and capability affords our clients with immediate insight into decisions concerning appeals, and minimizes the expenses of an appeal by avoiding the cost of an outside appellate counsel to perfect the appeal. By providing appellate legal services, CC&I clients secure a firm that will advocate their dispute through all phases of the New York and Federal Court system.

ALTERNATIVE DISPUTE RESOLUTION

Recognizing that Jury Trials are often lengthy and expensive for clients given the cost of legal experts and trial work, Carman, Callahan & Ingham LLP is able to offer its clients with experienced attorneys who are well versed in dispute resolution in forums outside the State or Federal court system. These matters are often heard by a designated Arbitrator or Mediator and can serve to expedite the dispute to a conclusion.

Routinely providing our clients with keen insight

A critical part of this process is to understand at what point a matter is suitable for Arbitration, knowing which of the practicing Mediators or Arbitrators is appropriate for that dispute, and being fully familiar with the procedural rules affecting the outcome of these proceedings. CC&I attorneys routinely provide our clients with keen insights and legal representation in this particular practical specialty making our firm a valuable resource to our clients in this area.

Alternative Dispute Resolution (ADR) is available in civil actions, and is generally a method employed to reach a resolution quicker and more cost-effectively than a Trial. The main types of ADR generally chosen by the parties are mediation and arbitration. Under either option, a neutral third-party is agreed upon by the parties to oversee the hearing and to either render a decision on in part guidance relating to the dispute. Arbitration involves a binding agreement, while mediation does not.