New York Commercial Property & Large-Loss Insurance Attorneys

Pure contingency (33-40%) for straightforward denied or underpaid claims. Hybrid (lower contingency 20-25% + hourly cap) for larger claims where the client prefers cost predictability. Reverse contingency (fee tied to delta above the carrier’s pre-suit offer) on commercial claims above $5M. Hourly + success fee on very large claims ($10M+) where in-house counsel prefers a predictable budget. We structure the engagement around the loss and the client, not a template.

Bi-Economy is itself a commercial property fire / Business Interruption case — a Rochester wholesale and retail meat market whose insurer underpaid BI coverage. The N.Y. Court of Appeals held consequential damages for the collapse of the business were recoverable because the very purpose of business interruption coverage would have made the insurer aware that if it breached its obligations, it would have to respond in damages to the insured for the loss of its business as a result of the breach. Lost market position, customer attrition, lost future revenue beyond the BI period of restoration, and the destruction of the business itself are all recoverable. This is the single most powerful legal lever for NY commercial policyholders and is the framework we apply on virtually every NY commercial claim.

NY Insurance Law § 3404 — the Standard Fire Policy — requires that suit be commenced within twenty-four months next after inception of the loss. Courts strictly enforce this deadline; § 3404 preempts attempted sub-limits and exclusions. The clock typically starts at the date of loss (not the date of denial), which means commercial policyholders who spent 12-18 months negotiating with a carrier may have very little runway left when the negotiation breaks down. We docket § 3404 from day one of every engagement and structure pre-suit negotiation around the deadline.

We coordinate, we don’t compete. NYC commercial brokers are often the original referrer of a disputed claim and remain the client’s long-term commercial-insurance partner — we work in alignment with the broker on coverage interpretation. Public adjusters who refer claims to us continue handling the appraisal and scope-of-loss documentation; our role layers legal leverage on top, including the Bi-Economy demand framework and litigation strategy. Our engagement letters specify the coordination scope and we do not undercut PA fee arrangements.

Yes — we appear at the EUO, prepare witnesses, prepare and file the Sworn Proof of Loss, and manage the document-production cycle the carrier uses to delay. NY EUO testimony is high-stakes for commercial losses (particularly fire and theft) because the carrier uses inconsistencies in EUO testimony to deny on misrepresentation grounds. We don’t let the witness walk into that alone.

Appraisal can be the right answer or the wrong answer depending on the loss profile. Appraisal is generally faster and cheaper than litigation, but the panel can only resolve amount of loss — not coverage disputes, not Bi-Economy consequential damages, not bad-faith conduct. If the dispute is purely scope and value (most hail and water losses), appraisal often makes sense. If the dispute is coverage or conduct (most denials, most BI underpayments), litigation is the path to full recovery. We run the math on both sides before recommending a route.

Maybe — with two important caveats. The Commercial Division (NYCRR 202.70) hears commercial cases above the $500,000 monetary threshold, with experienced commercial-litigation judges and faster case management. But: 202.70(c)(2) explicitly excludes cases seeking a declaratory judgment as to insurance coverage for personal injury or property damage. That means many DJ actions are heard outside the Commercial Division regardless of dollar threshold — a critical venue-strategy nuance most commercial policyholders don’t know. We manage venue selection from intake forward to position the case where it will move fastest and produce the best result.

Yes to both, with thresholds. We take catastrophic residential losses where the estimated loss is $150,000 or more and the carrier has materially denied, delayed, or underpaid — fire total losses, named-storm catastrophic, and large hail-damage portfolios in high-end NY residential developments. Below $150K we refer to NY plaintiff-side firms that specialize in standard homeowner volume. NYC co-op and condo board claims are a primary commercial vertical for us, not a secondary band — see Card 2 above. Board master policy disputes, common-area damage allocation, water-from-above-unit claims, and shareholder vs. association coverage questions all fall squarely in our practice.