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781.431.7878

Practice Areas

Automobile Insurance Law | Insurance Coverage | Products Liability | Bad Faith Claims | Insurance Fraud | Property Coverage | Construction Accidents | Municipal Liability | Subrogation | Environmental Claims | Premises Liability | Trucking


Automobile Insurance Law

Brand & Tapply, LLC has extensive experience handling the myriad of liability and coverage issues, which may arise in the context of automobile insurance law.  Brand & Tapply, LLC has represented insurers and insureds in first and third-party claims involving personal injury and property damage. Those claims may range from minor injuries to those with significant exposure and Brand & Tapply, LLC has an extensive array of experts, such as accident reconstructionists, engineers, medical professionals, vocational experts, and economists, with whom it has consulted to aid in defending against both liability and damages claims.

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Bad Faith Claims

Brand & Tapply, LLC has extensive experience handling claims and litigation involving first party coverage issues, including bad faith claims. Brand & Tapply, LLC’s attorneys assist their clients in ensuring compliance with fair claims handling practices.  Brand & Tapply, LLC’s representation of its clients includes responding to claim letters and allegations which assert bad faith and/or unfair business practices. As the assertion of bad faith claims has increased in recent years, so has the need for experienced counsel to advise insurers concerning a myriad of issues. Brand & Tapply, LLC has successfully litigated such issues as bad faith, late notice, reservation of rights, right to counsel, and consent to settle.  In addition to litigation-related services, Brand & Tapply, LLC also offers in-­house training and seminars.

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Construction Accidents

Brand & Tapply, LLC also is experienced in handling construction claims and has represented both general and subcontractors in claims arising out of workplace injuries. The firm is knowledgeable concerning OSHA regulations and has experience analyzing indemnification clauses in light of the body of statutory and case law governing those issues.  Brand & Tapply, LLC is experienced in guiding the investigation of such claims, as well as in litigating the defense of said claims and also has analyzed coverage issues for insurers when called upon to do so.

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Environmental Claims

Brand & Tapply, LLC’s attorneys have defended a wide variety of claims falling under the environmental umbrella. Such claims have included allegations of pollution or contamination of soil and groundwater, leakage from underground storage tanks and toxic buildings. The firm has represented contractors and product manufacturers, as well as other parties, in claims involving environmental damage. In addition, the firm has counseled insurers on coverage issues involving the application and interpretation of pollution exclusions in comprehensive general liability policies.

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Insurance Coverage

Brand & Tapply, LLC’s attorneys have decades of experience analyzing the terms and construction of all lines of business, including personal and commercial automobile, homeowners, comprehensive general liability, and inland marine. Our extensive experience litigating the interpretation of these policies puts us in a unique position to advise our clients on a variety of issues, including coverage, duty to defend and reservations of rights. Whether a coverage issue requires opinion of counsel, defense of an insurer’s position or a declaratory judgment action to determine an insurer’s rights and obligations under a policy, Brand & Tapply, LLC has the experience to guide its cases to successful conclusions.

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Insurance Fraud

Brand & Tapply, LLC has extensive experience investigating and litigating insurance fraud claims and utilizes aggressive strategies to obtain outstanding results, whether through early dismissals of cases or defense verdicts at trial. We have handled thousands of fraudulent claims, ranging from staged automobile accidents and “paper” accidents, to arson, to exaggerated injuries and medical provider billing involving not only claimants, but their medical care providers and lawyers as well. Our attorneys are highly experienced in all aspects of first and third­-party claims and are well-versed in tactics used by claimants who perpetrate fraud.  Our attorneys work closely with a variety of experts, such as medical experts, cause and origin experts, experts in data generation and evaluation, engineering experts, and forensic accountants where needed, to fully evaluate and defend against fraudulent claims.

As part of Brand & Tapply, LLC’s fraud practice, Brand & Tapply, LLC conducts examinations under oath, of which its attorneys have conducted thousands. It also responds to bad faith claims, files counterclaims, pursues civil recovery actions, and Interfaces with law enforcement, including district attorneys’ and attorneys generals’ offices, as well as boards of professional licensure.

Brand & Tapply, LLC’s attorneys have lectured at international, national and regional industry conferences and seminars, including International Association of Special Investigation Units, Insurance Fraud Management Conference, New England Association of Automobile Fraud Investigators, and International Association of Auto Theft Investigators.  Lecture topics have included medical provider fraud, low-impact collisions, staged collisions, opportunistic bodily injury fraud, testifying techniques, unfair claims handling practices, examinations under oath, and black box technology.  In addition, the firm has conducted numerous in-house seminars on these and related issues.

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Municipal Liability

Brand & Tapply, LLC has represented numerous municipalities, public officials and employees in a broad spectrum of matters. The firm has considerable experience defending these clients against a wide variety of allegations, including highway defect, negligent motor vehicle operation, premises liability, civil rights violations, and other claims arising from the performance of public duties. The firm’s attorneys have a wealth of knowledge and experience working with the unique body of statutory and case law applicable to the public arena.

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Premises Liability

Brand & Tapply, LLC has investigated and defended countless premises liability claims, in which personal injury or damages are alleged to have occurred due to defective conditions on commercial or residential premises. Such claims cover a wide range of scenarios, from slip and fall incidents on sidewalks and in stores, to allegations of injury resulting from negligent security, to falling objects. Our attorneys are highly skilled in evaluating such claims and in obtaining evidence through investigation and/or pre-trial discovery, which will aid in defense of such claims, including those which may be of questionable legitimacy.

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Products Liability

Brand & Tapply, LLC’s attorneys are experienced in handling product liability cases, specifically the defense of designers, manufacturers and those in the distribution chain, against claims of negligence and breach of warranty. Such claims have included claims of defective design, defects in manufacturing and failure to warn or instruct. The firm’s attorneys have experience with claims covering a wide range of products, including automotive products, construction equipment, asbestos, and other consumer products. In addition, Brand & Tapply, LLC has handled insurance coverage issues, which arise in the context of product liability claims.

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Property Coverage

Brand & Tapply, LLC’s attorneys have years of experience handling a variety of property losses involving both commercial and residential properties. The firm’s representation of insurers ranges from assisting with investigations and taking examinations under oath, to defending insurers in those instances where denial of a claim results in litigation. The firm has consulted with numerous experts in conjunction with the handling of these matters, including engineers, cause and origin experts and forensic accountants.  Brand & Tapply, LLC’s expertise can help insurers fully support their claims decision in particular, where claims are denied, so as to avoid or defend against bad faith claims or extracontractual liability.

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Subrogation

Included in Brand & Tapply, LLC’s wide-ranging insurance practice is the handling of subrogation matters. Over the years, Brand & Tapply, LLC’s attorneys have obtained numerous subrogation recoveries for their clients through litigation, mediation and negotiated settlements.  The firm also assists insurers in evaluating and preparing for inter­company arbitration of subrogation claims.

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Trucking

Brand & Tapply, LLC also is experienced in dealing with trucking and towing matters and with issues relating to hazardous materials clean-ups, which may arise in conjunction with trucking accidents and towing claims.  The firm has instituted replevin actions and has secured bonds on behalf of its clients, as well as litigated issues involving rate disputes.

Brand & Tapply, LLC’s practice also includes the defense of insurers against claims for Personal Injury Protection benefits, as well as claims made for benefits under other compulsory or optional coverages.  Our services include conducting or guiding investigations of claims before decisions are made, and to that end, our attorneys have conducted thousands of examinations under oath.

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