CREEDON & GILL P.C.    24 Woodbine Ave,  Ste 8.  Northport  New York  11768     ph.  (631) 656 9220    fx.  (631) 686 6718    info@creedongill.com

INSURANCE AND SUBROGATION AT CREEDON & GILL

 
 

CREEDON & GILL  delivers expert services to their clients in cases involving Insurance Coverage, Property Damage and Subrogation.  We are Liability Defense experts, routinely handling cases of grave injury or death. We wrote the book on prosecuting Declaratory Judgment actions  and we know fire investigation the subrogation business inside and out. 

LIABILITY DEFENSE

The litigation skills of Creedon & Gill founding partners Peter Creedon and Jon Gill were learned in the Bronx  County homicide and major offense bureaus and  by the management of a leading staff counsel insurance firm. After positions in the  major offense and homicide bureaus, Mr. Creedon established the firm of Peter J. Creedon & Associates, a Travelers staff

counsel office of forty attorneys  that  handled thousands of cases,  including cases of grave injury and death injury, construction and labor law, subrogation, coverage, no fault and fraud prosecutions.

 

Mr. Gill’s record of success in the homicide and major offense bureaus was recognized by his appointment as Chief of Litigation Training. Thereafter he joined Mr. Creedon at Travelers and established a subrogation and commercial litigation division making seven figure recoveries.

 

Creedon & Gill P.C. has a  history of success with  difficult cases in  challenging venues, and on an exhaustive knowledge of  liability and coverage practices and issues.

Creedon & Gill is an ideal choice for demanding clients in need of outstanding  defense counsel to bring their cases to a successful resolution by trial, arbitration, motion or mediation, or to put a stop to abusive litigation tactics.

The founding partners of Creedon & Gill have successfully defended personal injury cases involving  wrongful death, paralysis, amputation, orthopedic and neurological surgery, burns and disfigurement, closed head trauma, brain injury, partial and total disability and represented some of the nations largest retailers, banks, construction managers and owners.  

Creedon & Gill attorneys have obtained  verdicts in every Supreme and Federal courthouse in downstate New York, and handled cases involving construction fatalities, trucking  collisions, road design failures, products liability, municipal liability, assault and security failures cases, premises, dram shop act and maritime law cases.

Creedon & Gill has helped meed the needs of the Towns of Islip and Smithtown, Stop & Shop, Utica National Insurance Group, The Hartford, LLoyds of London, Firemans Fund, Allstate, State-Wide, Royal Sun  and many private manufacturers, retailers, physicians and property owners.

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SUBROGATION

 

The founding partners of Creedon & Gill, Jon Gill and Peter Creedon, have a proud record of success with challenging cases in difficult venues in the demanding field of subrogation litigation.

After positions in the Bronx District Attorney major offense and homicide bureaus, Mr. Creedon established the firm of Peter J. Creedon & Associates, the largest Travelers staff counsel office in the country.   Mr. Gill joined him after a record of success in the Bronx homicide bureau. As Mr. Creedon grew the firm to a size that employed more than thirty attorneys, Mr. Gill developed the first nationally successful, recovery and service driven, staff counsel subrogation operation.

The private venture of Creedon & Gill is founded on this proven track record of success, and on an exhaustive knowledge of the technical, legal and financial issues central to subrogation litigation. Creedon & Gill provides expert, aggressive and cost effective subrogation   services for their clients, and is an outstanding choice for any client in need of forceful and uncompromising prosecutions of their   subrogation actions.

EXPERIENCE

 The unequaled experience of Jon Gill has established him as   one of New York’s leading subrogation litigators, a position strengthened by the support lent by Mr. Creedon’s twenty years of experience handling high profile and complex cases.

Mr. Gill is a graduate of Fire Training and Advanced Fire Training courses sponsored by the National Fire Protective Association; he is a certified arbitrator and a past member of the New York State Department of Insurance loss transfer advisory committee. After receiving the opportunity to create, develop and manage the nation’s first recovery driven, staff counsel subrogation operation, Mr. Gill committed himself to mastering all of the aspects of the major case property, worker’s compensation, auto PIP and auto property damage lines under his management. From intake and investigation through litigation to trial, arbitration or settlement, every aspect of these varied lines received his uncompromising attention.

Utilizing his investigative skills honed as a prosecutor, Mr. Gill responded to the scenes of catastrophic fire, water, building collapse and airliner crash losses to conduct investigations and gather proof. 

Within a short time, the seven figure recoveries of Mr. Gill’s subrogation unit, and its successes in terms of size, inventory and cost efficiency, rivaled those of any private firm. Mr. Gill drafted major case guidelines, cause and origin best practices, provided coverage opinions and taught training courses at the regional claim centers.

In private practice for the last five years, Mr. Gill has continued to provide his unmatched skills to insurers, commercial clients and third party administrators who demand forceful and successful prosecutions of their subrogation actions.

In addition to the large loss cases, we have also handled auto PI & PD and Property loss case under $100,000 for a number of carriers on a nationwide basis.

 

EXPERTISE

While the list of subrogation matters that Mr. Gill has handled is too exhaustive to detail here, the bulleting of some of the cases he has successfully resolved highlights Mr. Gill’s expertise in matters involving major losses or damages caused by fire and the failure of related suppression systems.

Representative Cases

● Loss of American Airlines Flight 587.

● 7 million dollar warehouse fire loss.    

● 2.5 million dollar residential fires caused by negligent utility installations.

● 1.2 million dollar workers comp lien caused by negligent road design.

● 1.2 million dollar building collapse loss caused by negligent engineering.

● 1.2 million dollar retailer water loss caused by contractor negligence.

● 1 million dollar retailer water loss caused by sprinkler failure.

● 1 million dollar residential fire loss caused by contractor negligence.

● 1 million dollar restaurant complex water loss caused by sprinkler failure.

 

 Mr. Gill’s expertise is amplified by Mr. Creedon’s twenty years of experience handling and trying high profile fire and explosion cases, catastrophic injury and wrongful death labor law cases and ground breaking appellate matters defining the rights of insurers in such cases.

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COVERAGE COUNSEL

Creedon & Gill has a long history of handling every kind of insurance coverage case

Partner Peter Creedon is a past manager of an “Creedon & Associates”, a Travelers Insurance Company staff counsel office employing forty attorneys engaged in all manner of insurance work.

COVERAGE AND DECLARATORY JUDGMENT ACTIONS

Creedon & Gill partner Pete Creedon  first began litigating coverage cases during the construction boom of the eighties for construction giants like Tishman and Olympia and York and owners like Chase and Citibank, (back in the days when Citi was sometimes still known as Chemical Corn Bank.)

These cases involved making sure that insurance companies lived up to their obligations in cases where construction workers were injured or killed and a prime contractor had promised to provide insurance coverage for the project’s general contractor or owner.

We literally wrote the book on prosecuting “declaratory judgment” actions in those days; cases where the relief sought from the Court was not money, but a “declaration” – an order – obligation a contractor’s insurance company to live up to their bargain. The ruling we achieved in  CASE was a landmark ruling, establishing for the first time definitions are still controlling in this kind of litigation to this day.

We still handle declaratory judgment actions for our business and corporate clients, recently co-authoring the  CLE course “Additional Insured Considerations at the Claim Desk” that is a definitive “how to” on “Additional insured” insured.

WRONGFUL DISCLAIMERS

Creedon & Gill regularly handles cases on behalf of businesses or individuals whose  insurance company has refused to provide coverage, disclaiming without a valid reason to do so.  

An invalid or wrongful disclaimer can be devastating to a business owner or individual.

In the individual setting it frequently occurs in settings where there has been extensive fire or flood damage to a home and the homeowners simply doesn’t have the means to correct the damage out of p pocket. Situations where an insurer low balls settlement offers can be equally frustrating.

There are remedies for some of these situations included in most home owner and business policies, a so- called “appraisal process”, which is a kind of built in mediation. In other cases resort the courts is necessary. And even after an insurance is forced to provide coverage the difficulties don’t necessarily cease because the insurer may now try to insist on having their hands in on every step of the reconstruction process.  If you or your business has been the subject of a wrongful disclaimer you need an expert coverage lawyer on your side.

BAD FAITH AND EXCESS COVERAGE COUNSEL

Even when an insurer does agree to provide a defense and to pay for a judgment up to the limits of a business or individual’s insurance policy there can still be treacherous waters to navigate.

In some instances an insurer may refuse to pay what is necessary to settle a case because they think they might possible win outright, or get a better judgment from a jury and will risk hanging their insured out to dry.

 In situations where a jury might return a verdict against you or your business that is in excess of your available insurance limits that could leave you or your business personally liable for a big money judgment. It’s a common misunderstanding to thing that if you or your business are insured that your insurance company will pay any judgment – in full – rendered against you. But that is not the case. Situations like this are sometimes described as “bad faith” cases. “Bad faith” because your insurance company has a fiduciary duty to consider your interests before their own, and when they don’t they are acting in “bad faith”.

If you are potentially exposed to such an “excess judgment” you need an expert coverage attorney on your side who will make sure that your insurance company will put your interests first, knows have to put the pressure on them to make them do so, and knows how to protect you from a worst case scenario.

EXCESS COVERAGE COUNSEL

In some situations even where an insurance company is willing to pay your full policy limits to settle a lawsuit against you, the offer may not get the case done. This can happen in situations where an injury is grave or catastrophic, or where your policy limits are limited, or where another defendant to the law suit complicates things by making it unattractive or impossible for you to settle out on your own.

In such a case you or your business might be exposed, again, to an “excess judgment”, or “excess verdict”

Again, If you are potentially exposed to such an “excess judgment” you need an expert coverage attorney on your side who will make sure that your insurance company will put your interests first, knows how to do everything possible to help you safely to the other side of the river, and knows how to protect you from a worst case scenario.

 

RESERVATION OF RIGHTS

When an individual or a business is being sued, even if an insurance company does not issue an outright disclaimers they may still claim they are only providing coverage under a “reservation of rights”.

That means that insurance company says they are willing to pay for a lawyer to represent you, but not to pay for any judgment against you that might result in the case, for example from a jury verdict. Since jury verdicts can be extreme, and since the lawyer the insurance company may want to use might be more loyal to them than to you, it is important to know that an individual or business has the right to choose their own lawyer to represent them in a lawsuit in this situation, and to have that lawyer paid by the insurance company.

We have stepped in many times to represent businesses and individual’s in cases like this. If you or your business has been the subject of a wrongful disclaimer you need an expert coverage lawyer on your side.

BROKER and AGENT NEGLIGENCE: FAILURE TO PROCURE ADEQUATE INSURANCE

Individuals or businesses can find themselves without adequate coverage, or any coverage at all, if their insurance agent or broker doesn’t do their job correctly.

Contractors often find out that their construction coverage is practically worthless because the policy that they were sold contains and “employee” exclusion. An insurance policy employee exclusion adds up to the result that if someone gets hurt on their job there won’t be any coverage for that person’s injury case.

Property owners are often hit with “co-insurance” penalties. A co-insurance penalty happens when a property is underinsured for its full value. For example where a building worth a million dollars is only insured for $500,000 dollars. In that case an insurance company may end up paying only 50 cents on the dollar in damages.

We have handled many lawsuits against negligent agents and brokers, seeking to make our client’s whole from the broker and agents Errors and Omissions policy, the kind of malpractice insurance that Brokers and Agents carry.

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