To arrive at the best outcome, Insurance Policy Coverage Litigation Requires experience, knowledge and determination.
We welcome the opportunity to discuss an insurance coverage issue with you. Please contact us at 212-686-4655.
$3,092,723.57 Settlement for property damage and business interruption suffered by a recycling facility damaged by fire.
$2,793,541 Judgment in favor of an 84 year-old man who suffered debilitating injuries after being struck by an automobile in a cross-walk in midtown Manhattan.
$1,675,000.00 Settlement on behalf of a completely disabled federal law enforcement agent severely injured during a motor vehicle accident within the restricted runway area at JFK airport.
$1,350,000 Settlement for fire damages to an apartment complex in Uncasville, Connecticut.
$1,000,000 Settlement for a 40-year-old Manhattan sales executive who suffered a substantial degloving injury as the result of a motor-cycle accident.
$975,000 Settlement for damages sustained to a commercial building located in Monroe, New York as the result of a fire. The recovery included contributions from both the first-party carrier and insurance broker.
$725,000 Settlement for damages sustained to a residence in Monsey, New York as the result of Architectural Malpractice.
$600,000 Settlement for a middle-aged woman struck by an SUV while riding a bicycle in Manhattan.
$536,000 Judgment after trial in Federal Court on a claim for disability insurance benefits by a corporate executive.
$525,000 Settlement on a claim for disability insurance benefits by a dentist in New York State Court.
FRANK P. WINSTON
Frank P. Winston, a partner with the firm, is a graduate of the State University of New York at Albany and New York Law School. He has been practicing law for 13 years, and is admitted to practice in New York and New Jersey. Mr. Winston has vast experience in the field of insurance law, having successfully represented corporate and individual policyholders in actions involving fire, theft, water damage and windstorm losses. He also specializes in the litigation of disability insurance claims on individual and group policies of disability insurance. Mr. Winston has successfully represented claimants whose benefits were wrongfully withheld and has recovered millions of dollars in unpaid benefits in the process. His areas of practice also include medical malpractice, personal injury, construction site litigation, and premises liability.
Mr. Winston is also an accomplished trial attorney. In September of 2004, he was lead trial counsel in Richard Leyda and Janet Leyda v. Praveen Mehta, M.D., Supreme Court, Onondaga County, Index No.: 1408/2003 (NYLJ, Feb. 7, 2005), where Mr. Winston convinced a jury that Dr. Mehta was negligent in failing to timely diagnose Mr. Leyda’s prostate cancer. The jury ultimately awarded the Leyda’s $2,500,000.00, the precise amount Mr. Winston had asked the jury for in his summation.
Additionally, Mr. Winston is also an experienced appellate advocate. In Hudson v. Allstate, 25 A.D.3d 654, 809 N.Y.S.2d 124 (2d Dept. 2006), he convinced the Appellate Court to reverse the Supreme Court, and award summary judgment to his client in a property insurance dispute. He convinced the higher court that the insurance policy drafted by Allstate was ambiguous, and that it afforded coverage for the loss his client had sustained. In Arancio v. Prudential, 247 F.Supp.2d 333, (S.D.N.Y. 2002), a case of first impression in this jurisdiction, Mr. Winston successfully argued that a “conversion plan” offered to an employee was not subject to the regulations of ERISA as the employee had left his job. This case is significant as ERISA pre-emptions deny insureds the right to a jury trial and often grant the insurance company deference in their decision making process.