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Practice Areas

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


Automobile Insurance Law

Brand & Tapply, LLC regularly handles the myriad of liability and coverage issues, which arise in the context of automobile insurance law.  We represent insurers and insureds in first and third-party claims involving personal injury and property damage.  Such claims may range from minor injuries or damages to those with significant exposure.  We utilize an extensive array of experts, such as accident reconstructionists, engineers, medical professionals, vocational experts, and economists, with whom we consult 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 bad faith allegations.  We assist our clients in ensuring compliance with fair claims handling practices.  Our representation 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 over the years, so has the need for experienced counsel to advise insurers concerning a myriad of issues.  We successfully litigate such issues as bad faith, late notice of claims, reservation of rights, right to counsel, and consent to settle.

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Construction Accidents

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

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Environmental Claims

Brand & Tapply, LLC’s attorneys defend 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.  We represent contractors and product manufacturers, as well as other parties, in claims involving environmental damage. In addition, we counsel 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, we have the experience to guide 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. Throughout the years 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 and their cadre of professionals 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 our fraud practice, we conduct examinations under oath and also responds to bad faith claims, file counterclaims, pursue civil recovery actions, and interfacewith law enforcement, including district attorney and attorneys general offices, as well as boards of professional licensure.

Our attorneys often share their extensive knowledge through providing training(s) 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, International Association of Auto Theft Investigators, National Truck & Heavy Equipment Claims Council, and Florida Insurance Fraud Education Committee.  Topics include 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.

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Municipal Liability

Brand & Tapply, LLC has represented numerous municipalities, public officials and employees in a broad spectrum of matters.  We have 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.  Our 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.  Our attorneys have experience with claims covering a wide range of products, including automotive products, construction equipment, asbestos, and other consumer products. In addition, we handle 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.  Our 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.  We consult with numerous experts in conjunction with the handling of such matters, including engineers, cause and origin experts and forensic accountants.  Our expertise can assist insurers in fully supporting 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, our attorneys have obtained numerous subrogation recoveries for our clients through litigation, mediation and negotiated settlements.  We also assist 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.  We have instituted replevin actions and have secured bonds on behalf of our clients, as well as litigated issues involving rate disputes.

Our 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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