One of the most important roles defense counsel can play in the defense of a major accident is being first on the scene.
At GVK, our Response Team has over 25 years of experience handling major transportation, hospitality, and construction accidents. Our Response Team can be deployed immediately to accident sites all over the Tri- State area, 24-hours a day, 365 days of the year. The GVK Response Team will follow specific protocols to obtain key evidence and ensure its preservation. Through the use of our Themis Advocates Group, a national network of preeminent law firms located in every major city across the US, we enlist a nationwide team of attorneys and experts available 24/7 to meet insureds and clients at accident sites throughout the country.
Our Transportation Emergency Response Team is comprised of five attorneys with extensive background in emergency response of major automobile, tractor-trailer, cargo and common carrier accidents. The Team will lock down both the vehicle and the driver, arrange for mandatory drug testing under federal law applicability, preserve key documents and obtain scene schematics and photos.
Our Response Team will be deployed for immediate response to an incident involving an insured’s bar, restaurant or club. Interviewing of witnesses including bartenders and patrons as to the assailant or perpetrators appearance, level of intoxication and the sequence of events immediately after the incident is key. The Response Team will identify and interview key witnesses, obtain the necessary statements, preserve surveillance videos, bar tabs and receipts to be used during the litigation.
Our Response Team will be deployed for immediate response to an incident involving a construction accident. Our team will interview key management employees, construction workers and eyewitnesses. We will secure accident reports, contracts and insurance information for all involved contractors and immediately commence tenders and risk transfer investigation. When possible the team will take photographs, secure physical evidence and equipment and retain engineers necessary for early evaluation of exposure.
Gallo Vitucci Klar is frequently called upon by clients with excess coverage layers to both monitor the defense and substitute in for their insured’s primary carrier.
Whether on the eve of trial or before the depositions have taken place, GVK attorneys can substitute in as counsel or simply monitor the defense with ease.
As excess monitoring counsel, the attorneys at GVK perform a comprehensive and independent review and analysis of the case, providing an expected liability and damages settlement range and verdict value. This allows the excess carrier to adjust reserves if necessary and minimize exposure. Excess carriers will be kept apprised of all issues and developments affecting the case as it occurs.
Our long standing relationship in the industry allows for an amicable relationship between excess and primary carriers and attorneys. Depending on the scope of the assignment, GVK will actively participate in all mediations, depositions, motion practice, strategy sessions and trials.
As substitution counsel, the attorneys at GVK will enlist the very best litigation and Trial strategies to aggressively handle the matter going forward.
In either scenario, adversaries will be aware of our presence and our advocacy for the excess carriers will not go unnoticed. Our hands on approach has saved our excess carriers millions off of their policy limits and allows for peace of mind.
Construction Defect litigation or what is more commonly known as the defense against faulty or alleged “shotty” work product can be costly and lengthy to a carrier and insured. Construction defect cases in New York and New Jersey are often bogged down with discovery issues, multiple depositions, expert disclosures and time consuming and costly investigation.
The attorneys at Gallo Vitucci Klar LLP can help reduce costs and shorten litigation time by utilizing an aggressive approach. Experts are obtained at the onset of assignment or at the first possible opportunity to flesh out the most favorable arguments. Contractual indemnity issues and obligations are determined early on in the litigation. Delays are decreased and important items/documents are obtained and preserved. When using an experienced construction defect litigator who can minimize time delays and cost concerns, outcomes are far superior.
The attorneys at GVK have 20 plus years of experience defending the most complex construction defect cases in conjunction with nuances of local, state and federal regulations. Our construction defect coverage attorneys are familiar with the often times troublesome coverage disputes that arise regarding CGL policies and occurrence definitions.
As experienced litigators and trial attorneys, the construction team at GVK can and will vigorously defend contractors, subcontractors, commercial and residential property owners, utility companies and municipalities in Local, State and Federal Court.
Gallo Vitucci Klar LLP’s Litigation and Reserve Analysis attorneys have been assisting reinsurers and carriers with regard to run off programs for over 14 years. Specifically, our team is focused on high speed evaluation and settlement processes geared toward immediate cost savings.
By utilizing Gallo Vitucci Klar LLP Litigation and Reserve Analysis Team, carriers and reinsurers will see a large percentage of matters resolved quickly, well within posted reserves and with a significant reduction in expenses within 30 to 60 days. For those matters that do not resolve quickly, Gallo Vitucci Klar LLP will provide a streamlined resolution strategy for the defense firm and TPA to follow to get the claims in a position to resolve as opposed to lingering on.
Our team can strengthen reserves on existing lines of business while reducing shelf life, reducing indemnity payments and reducing ALAE across all program lines.
Please contact Andrea Silk at asilk@gvlaw.com to further discuss utilizing our Litigation and Reserve Analysis Team.
Gallo Vitucci Klar LLP and its attorneys are knowledgeable, experienced and highly skilled at managing large books of business for errors-and-omissions insurance, professional liability insurance and other forms of coverage. The firm provides all associated services to insured individuals and businesses, self-insured individuals and practices, their insurance carriers, and third-party administrators. The services include consulting; the prosecution and defense of claims through litigation, mediation, arbitration and appeals; and the management and defense of clients who are the subject of ethics investigations, professional management inquiries and prosecution, including those initiated by the Office of the Attorney General, The Office of Professional Medical Conduct, Bar Associations and government licensing bodies. GVK also provides professional practice, risk management and consulting services, and transactional services, and performs regulatory investigations.
Gallo Vitucci Klar’s attorneys are adept at navigating their clients through the complex mazes of professional liability claims that require a keen understanding of the interaction of insurance coverage, consent clauses, self-insured retentions and policies that provide coverage that is eroded and reduced through the incurrence of defense costs and expert fees.
Gallo Vitucci Klar LLP defends clients, directly and on behalf of their insurance carriers, in professional negligence and errors-and-omissions claims against professionals, including health care professionals, attorneys, accountants and accounting firms, architects and engineers, real estate professionals, insurance brokers, and insurance company agents.
Gallo Vitucci Klar’s attorneys have extensive experience and expertise representing attorneys who are alleged to have committed professional negligence, ethical violations or other breaches of their professional responsibilities and obligations. Legal malpractice claims present unique challenges for the attorneys defending and managing the cases, their clients, and the professional malpractice insurance carriers, and, as such, require only the most sophisticated and experienced legal practitioners. GVK’s attorneys are adept at identifying the significant issues, retaining the best experts and managing client expectations while zealously and aggressively defending the claims in a practical and pragmatic manner. The primary goal in managing these claims is often not to merely successfully defend the allegations asserted but to protect the clients’ financial interests and reputations while minimizing publicity that could deleteriously affect same while doing so. GVK’s highly experienced team successfully navigates its clients through these mine fields while defending these claims. GVK defends attorneys and their firms in a vast array of legal malpractice claims and disciplinary actions, ranging from general negligence and personal injury suits to the most complex matters involving condominium conversions, tax assessment and tax revaluations. GVK’s attorneys have also represented clients in matters involving fraud, breach of fiduciary duties, immigration proceedings, family law, divorce and adoption proceedings, defamation claims, estate planning, bankruptcy and conflicts of interest.
Gallo Vitucci Klar’s attorneys have extensive experience successfully defending architects and engineers in professional negligence claims. Many of these claims involve allegations related to construction defects. GVK is at the forefront of virtually all of the significant and most highly publicized claims involving crane accidents in the City and State of New York. GVK’s experienced, aggressive and court-savvy attorneys utilize their knowledge and reputations to identify and retain the most prominent experts to defeat and/or minimize the exposure faced by their clients in these high-profile law suits.
Gallo Vitucci Klar’s attorneys have successfully litigated and defended medical malpractice claims against hospitals, ambulatory care centers, surgical centers, private physicians, nurse practitioners, midwives and other health care providers involving: internal medicine, orthopedic and orthopedic surgery, ophthalmology, cardiology, cardiothoracic surgery, vascular surgery, neurology and neurosurgery, psychiatry, radiology, oncology, plastic surgery, geriatrics, podiatry, hematology, obstetrics and gynecology, pathology, gastroenterology, dentistry and emergency medicine. Our partners are members of a specialized team of attorneys assigned as national coordinating counsel by an international insurer to defend professional liability and tortious business practice claims asserted against professional practices, their principals and employees pending in 22 states and the District of Columbia. Learn more about our capabilities here.
Gallo Vitucci Klar’s attorneys have successfully litigated and defended miscellaneous healthcare professional claims against entities such as nursing homes, home healthcare agencies, private ambulance companies, and massage therapists. These claims frequently overlap with medical malpractice and elder abuse claims, thus requiring extensive experience in a broad array of defense fields. As fellow professionals, Gallo Vitucci Klar recognizes that these types of lawsuits can effect a professional’s practice and professional standing in the community. We regularly retain top experts in the field to evaluate the lawsuits, and help us achieve the best settlement or outcome at trial possible.
Gallo Vitucci Klar LLP’s Directors & Officers (“D&O”) litigation practice group has successfully defended claims asserted against directors and officers of public, private and not-for-profit companies. We also represent the corporate entity where it is the direct target. Our practice extends to representing boards and individual directors and officers in complex commercial litigation, internal investigations, and government investigations. The attorneys at Gallo Vitucci Klar LLP that handle these cases are learned practitioners that are intimately familiar with the duties and responsibilities of directors and offices, as well as the myriad laws and statutes that regulate corporate governance.
We understand and are sensitive to the high-stakes nature of these lawsuits and are cognizant of the distractions that these claims may pose to the proper functioning of a corporate enterprise. We serve as trusted advisors to the board, individual directors and officers, and keep the insurers that retain us to defend, supervise and monitor these claims apprised of all material developments. Our experience includes, but is not limited to, class action litigation, defending shareholder derivative actions, litigating demand futility issues, representation of special litigation committees, securities class actions, ERISA claims, challenges to corporate governance, employment related claims, and claims for breach of fiduciary duty, breach of contract and fraud. We also draft coverage opinions and litigate declaratory judgment actions pertaining to D&O insurance policies.
Gallo Vitucci Klar LLP’s Life Sciences Group is highly specialized and experienced in representing and defending manufacturers and distributors of medical devices, home and institutional use medical devices, over-the-counter drugs, generic and brand pharmaceuticals, nutraceuticals and other health care products in state and federal courts. Specifically, our team of experienced lawyers has defended manufacturers, distributors and retailers of pain pumps, various orthotic and electrical stimulation devices, emergency response monitoring systems and pharmacology products, as well as devices pending FDA approval. We have extensive experience with the FDA approval and reporting process.
What really sets our Life Science Group apart from other defense firms is that each of the attorneys in the group is highly experienced (15 years+) in this specialized practice area. Our attorneys make it their business to know their clients and their operations thoroughly. Our attorneys appreciate that businesses in the life sciences industry traverse new frontiers daily, requiring them to keep abreast of current issues affecting their business, as well as anticipating future issues.
The firm assigns a low number of cases to each attorney so that the proper care can be given to each file. We do not have a “high volume” practice. The goal for handling a life sciences matter is to resolve the case in the most cost-efficient and time-efficient manner possible. Therefore, every action taken by our attorneys in connection with a life sciences matter is intended to further the chances of obtaining a summary dismissal and/or a cost-efficient resolution.
Gallo Vitucci Klar LLP’s Environmental Group is one of the most highly regarded in the defense industry. We work with many major insurance carriers, third-party administrators and self-insured clients defending nationwide claims. The firm represents property owners, project owners, developers, general contractors, construction managers, trade contractors, employers and state entities.
Attorneys in the Environmental Group are remarkable for their expertise, knowledge, sophistication and aggressive yet practical approach toward highly complex litigation claims and their vast experience with high-exposure cases. We are experts in risk transfer and are insurance coverage specialists.
We possess extensive knowledge and experience in defending lawsuits and claims involving exposure to asbestos, lead, radon and other toxic chemicals, including toxic medical products. We have successfully defended catastrophic personal claims, such as wrongful death and injured workers claiming inability to return to the workforce. In addition, we have successfully defended clients faced with the potential loss of their property as well as government-imposed fines, remedial actions and other sanctions. The firm has significant experience in both prosecuting and defending third-party claims seeking loss transfers and declaratory judgment actions.
Gallo Vitucci Klar LLP has extensive real estate litigation experience in New York and New Jersey and represents property owners, condominium and cooperative boards, and commercial and residential property managers in a wide array of complex lawsuits involving tenant, shareholder and unit owner disputes and claims by and against third parties.
We have successfully prosecuted and defended numerous contractual claims arising from alleged breaches of bylaws, proprietary leases, residential leases and contracts with outside vendors and contractors. We also routinely handle litigation involving delinquent common charges and maintenance fees, foreclosures, nuisance and trespass claims, water infiltration, property damage and personal injury.
Gallo Vitucci Klar LLP’s Trucking and Transportation attorneys have extensive experience in counseling and representing intrastate and interstate motor carriers of persons and property, drivers, owner-operators, shippers, freight forwarders, third-party logistics providers (3PLs), insurers and other transportation-related entities throughout the nation.
The firm defends hundreds of lawsuits ranging in exposure from minor soft tissue injury or injury to property, through innumerable catastrophic injury suits involving claims of amputation, quadriplegia, brain injury and loss of life. Our defense of these suits often begins pre-suit through our involvement at accident scenes where we coordinate the emergency response, including locating and obtaining favorable witness testimony, and measuring and analyzing the accident dynamics with emergency response experts and investigators.
Immediate response is critical when trucking accidents occur because many involve serious bodily injury or death. Our national Emergency Response Team (ERT) members are available 24 hours a day, seven days a week to respond when accidents occur and are immediately implemented in order to preserve physical evidence, obtain witness information, investigate the cause of the accident and evaluate the potential exposure.
Our ERT members have appeared before state agencies post-accident, such as the Department of Motor Vehicles, to defend drivers in connection with safety/license suspensions and hearing/traffic violations, and have also acted as an interface with the New York City District Attorney’s Office. Our ERT members are experienced transportation attorneys, expert consultants, field adjusters and investigators. We strive to assist clients in resolving claims efficiently and in a cost-effective manner that meets the clients’ goals through pre-litigation investigation assistance and litigation.
Our ERT has the capability and resources to upload Engine Control Modules and 3D laser scanning of vehicles, and can facilitate Department of Transportation-approved alcohol testing of drivers. Our ERT has been used to aid in various post-accident measures, such as expediting biohazard clean-ups, making towing arrangements of the various trucking vehicles, and assisting in the release of vehicles from impound.
The firm currently represents defendants in several catastrophic losses recently covered by local and national news organizations, including:
Our involvement in each of these representative cases began with our attendance at the accident situs to obtain and preserve crucial evidence, and to obtain, where necessary, competent criminal representation for the involved drivers.
We regularly engage in preventive counseling for trucking and transportation clients as it relates to changes in federal regulations, state law and industry practices. Our attorneys also advise clients on risk management, claims-handling practices, and state and federal law and regulatory developments through client seminars, industry seminars and firm publications.
Gallo Vitucci Klar LLP has broad experience prosecuting large loss subrogation claims, including claims arising from catastrophic building fires and explosions, water damage, water main breaks, mold, theft of property, construction defects, collapse, boiler equipment and machinery malfunctions, business interruption losses and first-property claims in New York and New Jersey. We represent insurers that recover losses assumed by claims against at-fault parties, insurance companies and self-insured businesses.
While Gallo Vitucci Klar actively pursues recovery on behalf of our clients, our subrogation team litigates issues such as:
We also handle issues regarding subrogating the insurer’s obligation to respond to requests to produce the insured’s documents, discovery of the insurer’s file, confidentiality of communications with the insured, validity of assignments of property damage claims, insurer’s liability for interest when subrogation claim is in excess of policy limits, recoverability of commercial loss (lost profit and goodwill), choice of law, and subrogating the insurer’s claim for punitive damages.