Practice Areas

The core of our practice addresses a wide variety of issues and disputes arising out of loss sensitive insurance programs across various lines of coverage, including

• Insured’ contractual obligations for retrospective premiums, deductibles, self-insured retentions, and indemnification.

• The application of program terms, including basic premium factors, deductible premium credits, aggregate and per-claim limits (both coverage limits and chargeable loss limits), allocated loss adjustment expenses, loss conversion factors, tax multipliers, loss development factors, program maximums, and experience modification factors (including allegations of adverse impact caused by claims mismanagement)

• Alleged bad faith and claims mismanagement on the part of insurance carriers and third-party administrators

• Environmental and mass tort claim allocations across triggered policies, cost-share agreements, and contribution claims

• Collateral draws and deficiencies

• Application of reinsurance in large loss-sensitive insurance programs, including traditional reinsurance and captive reinsurance programs

Disputes arising out of commercial insurance products across all lines of coverage and exposure bases. This includes a broad range of issues related to policy terms, audit calculations and premiums, class codes and rates, experience modifiers, premium credits (e.g. construction classification premium adjustment programs), and approved rating plans.

Our Insurance Coverage Counseling and Litigation practice represents insurers in complex, high-exposure coverage disputes and claims in New Jersey, New York, Pennsylvania, and nationally. As trusted panel counsel to leading global insurers, we consistently deliver strategic, business-oriented advice in both coverage litigation and coverage counseling. We have developed a strong reputation for adeptly navigating sophisticated, multi-jurisdictional coverage disputes, multi-million-dollar exposures and crafting coordinated national coverage strategies.

Our practice spans a comprehensive spectrum of coverage issues involving general and excess liability, pollution and environmental liability, professional liability, management liability, director and officer liability, EPLI, employer liability, first-party property, commercial auto, toxic tort, latent injury, business interruption, integrated occurrence, and bad faith. Our services include coverage counseling from early claim assessment and exposure evaluation to the development of robust coverage positions and strategic resolution through mediation and settlement. We also collaborate closely with underwriting and claims professionals on drafting policy language and manuscript endorsements, addressing emerging risks, and ensuring compliance with evolving regulatory frameworks across various jurisdictions.

The practice represents insurers, third-party claims administrators, and insurance brokers in errors & omissions and bad faith disputes arising out of coverage decisions, claims management, brokerage services, and administration of group self-insured trusts. Our broad insurance experience makes us well-positioned to counsel and defend clients in actions initiated by insureds with substantial risk retention, self-insureds, and government agencies including workers’ compensation authorities.

Corporate clients, insurers, and claim administrators retain our team for complex, high exposure claims. With decades of experience in the field of claims management litigation, our team is uniquely suited to handle large exposure and catastrophic claims.

Small and mid-sized businesses have legal needs but often experience trouble finding a law firm seeking long-term relationships with their clients. Thomas Kadian offers general counsel services to fill that void. We work closely with our clients to understand their businesses and their needs, help them avoid and resolve legal challenges, and effectively manage risk so they can focus on running their businesses. The practice group proactively partners with our clients as part of their business team and provides services including contract negotiations, disputes and settlement negotiations, employment and human resources issues, arbitration, mediation, special projects, and commercial real estate transactions.

The practice represents self-insured employers, insurance carriers, and third-party claim administrators in their higher exposure claims, civil actions alleging intentional wrongs, and subrogation disputes. Beyond individual claim defense, our team successfully defended a class action arising out of an insurer’s calculation of subrogation liens over a multi-year period. This hands-on claims experience is a key strength of the practice that has led to a proven track record of successfully defending allegations of claims mismanagement.