Hitchcock & Cummings LLP

Practices

Professional Liability

Our lawyers have over thirty years of experience representing professionals in court and before administrative agencies. In that time, we have represented hundreds of lawyers and law firms, as well as an array of other professionals, including actuaries, accountants, health care professionals and insurance professionals. That experience allows the firm to efficiently analyze issues and to conduct a prompt and thorough investigation of the plaintiff’s claims.

We understand that a professional’s reputation is at stake in the litigation, and therefore we work closely with the client to vigorously defend the matter and achieve a prompt resolution. We have had substantial success over the years in obtaining dismissals of cases and defense verdicts for our clients. As with all of our litigation matters, we focus on details and meticulously prepare each case to succeed by motion or at trial.

Our representation of lawyers and law firms also extends to providing risk management counseling, representing firms in partnership and fee disputes, and advising them on matters before the Disciplinary Committee.

Construction and Real Estate

We have extensive experience in all facets of construction litigation. The firm has represented owners, developers, and contractors in numerous construction litigations, arbitrations and mediations. This background has educated us to find creative ways to resolve disputes before they turn into litigations or arbitrations. Additionally, we represent contractors in negotiating agreements with owners and subcontractors for residential and mixed use projects, and also advise them on day-to-day business matters.

We also represent property owners and contractors in construction and real estate accident cases. We have substantial experience and expertise concerning cases brought under the New York State Labor Law, which imposes significant liability burdens on property owners and contractors. We are familiar with the nuances of the Labor Law and the New York City Administrative Code and have frequently succeeded in obtaining dismissal of these cases for our clients. We focus on all available risk shifting at the early stages of the litigation. Finally, as an outgrowth of experience, we advise real estate entities on various risk management and insurance issues.

Commercial and General Litigation

Our litigation practice includes commercial litigations ranging from defending complex class actions to every type of civil matter for a wide range of clients. For example, our firm has recently handled litigations in diverse areas such as fraud, breach of fiduciary duty, breach of contract, shareholder derivative claims, employment disputes, insurance coverage and partnership law. In handling these matters, our attorneys are aggressive, pragmatic and result-oriented.

Insurance Coverage Litigation and Counseling

The firm’s lawyers for many years have been involved in representing businesses involved in the insurance industry, including drafting insurance policies for specific insurance programs, with a focus on both regulatory and coverage concerns. This experience was a natural segue to becoming involved in insurance and reinsurance coverage disputes. As a result, we are familiar with insurance declaratory judgment actions for both policyholders and insureds, and with the reinsurance arbitration process.

The firm-wide awareness of insurance coverage issues also has allowed our clients to successfully tender and obtain coverage from contractors, vendors and lessees. In addition, in drafting commercial contracts for business ventures of all kinds we are able to draw on our insurance coverage experience to draft insurance, indemnification, and other risk shifting provisions that provide the maximum protection for our clients, and to counsel our clients on the insurance implications for their business ventures.

Our regulatory practice specializes in advising clients with respect to matters involving the New York Insurance Law and Insurance Department Regulations. We advise insurance producers, carriers, and others concerning compliance issues and licensing issues.

• We have experience in forming and obtaining licenses for new insurance companies and producers. Our services include Holding Company Act compliance, corporate governance advice, and ongoing compliance and reporting needs of licensees.
• We represent licensees before the New York State Insurance Department in connection with regulatory complaints and problems.
• We have a unique background in the regulation of medical malpractice insurers and physicians’ and surgeons’ liability insurance in New York State.
• Since the federal Liability Risk Retention Act of 1986 was passed by Congress, our staff has formed and represented many risk purchasing groups, in all likelihood more than any other law firm in the country.
• We provide a full range of support services to the insurance industry, including policy drafting and regulatory approval services, as well as reinsurance contract drafting. Our experience includes large property catastrophe “sidecar” reinsurance arrangements, loss portfolio transfers, and “fronting” transactions.
• Insurer insolvency, including liquidation and rehabilitation, issues are within our experience and expertise.

In addition, we help to design alternative risk transfer solutions, including captives, risk retention group programs and reinsurance programs.

Our practice is not limited to property/casualty business. We also have extensive experience in the life insurance and health insurance fields, including ERISA compliance issues.

We are also extensively involved in drafting transactional documents of all kinds, including stock purchase agreements, shareholder agreements, LLC operating agreements, employment contracts, and other documents.