Practice Areas

The core of our practice addresses a wide variety of issues and disputes arising out of retrospectively rated and large deductible insurance programs across various lines of coverage. Frequent issues include:

• Retrospective premiums and deductible obligations

• 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

• Collateral draws and deficiencies

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

• Reinsurance in stand-alone disputes and in connection with large risk, loss-sensitive insurance programs, including traditional reinsurance, as well as captive reinsurance programs

The firm assists clients in negotiating with existing and prospective insureds for loss-sensitive programs and with the drafting of program agreements. This can involve single and multiple lines of coverage.

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.

Coverage disputes and related issues are frequently raised by insureds in litigation arising out of loss-sensitive insurance programs. The many times that we have litigated the “coverage case within the case” has expanded the services that we can confidently offer to our clients. Coverage counseling and defense of coverage lawsuits are now a growing standalone practice.

The firm provides insurers with legal, regulatory, and compliance advice on various lines of credit insurance, specifically trade credit, trade finance, project and structured finance, political risk, and surety. This can be separated into three areas. First is the drafting and negotiation of credit insurance policy terms, surety bonds, and supporting contracts. Second is the analysis of credit insurance policy language for potential exposures, compliance, trade sanctions, and global regulatory issues. Third is the review of receivable purchase, factoring and loan agreements, revolving credit facilities, buyer loss histories, and market trends in connection with product development for credit insurer clients.

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. We have most recently focused on the issues emerging from New York’s troubled group self-insured trust program.

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.

Thomas Kadian represents sureties, owners, general contractors, construction managers, electric or structural engineers, surveyors, subcontractors, and design professionals in professional liability matters related to construction defect claims, including defective design, breach of contract, disputed change orders, delays, disruptions, lost productivity, loss of business, mechanic's liens, contract defaults and terminations, and claims alleging professional negligence. In addition to litigation, we are experienced in alternative dispute resolution, which has become the preferred method of resolving today's construction disputes relating to potential damages arising from construction delays, structural damages, and other potentially costly risks arising from, among other things, broadened contractual requirements, new technologies, and increasing emphasis on sustainability.

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.

The firm provides a full suite of services for employers of many sizes, from policy drafting to litigation throughout the federal and state courts and administrative agencies of New Jersey and New York. The practice handles claims of discrimination, harassment, wrongful discharge, and retaliation under federal and state laws including the Americans with Disabilities Act, Family and Medical Leave Act, the Age Discrimination in Employment Act, and Title VII of the Civil Rights Act of 1964.