McCarthy Galfy & Marx

                                 A LIMITED LIABILITY COMPANY

 

At the Law Offices of James T. McCarthy, LLC we defend all aspects of complex civil, commercial, corporate and insurance litigation matters in state and federal court.  As outside counsel entrusted with defending our clients, we strive for effective and efficient results.  We are also cognizant of the fact that the cost to defend a matter includes the damages, if any, as well as the legal fees, which can add up quickly.  We charge only agreed rates and costs.  There are no hidden costs.  Rather than assume authority, we specifically request it, which allows our clients to control costs.  We provide a budget with the Initial Report and strive for great results, while keeping costs down.


Recent Matters:


Trucking Liability Matter.  Defended a trucking company whose driver caused an accident resulting in severe lifelong injuries to the plaintiff.  The damages exposed my client well beyond the $1,000,000 insurance policy limits.  However, I presented defenses to mitigate damages and scheduled mediation, following which I was able to resolve the matter within the policy limits and save the insurance company $200,000 off the policy.


Complex Errors and Omissions Matter.  Successfully handled a matter involving over forty parties where the plaintiff, a large condominium development, claimed damages of over $4 million due to, among other things, the alleged failure of my client to procure proper insurance coverage.  I defended the matter based upon my client’s adherence to the applicable standard of care and lack of nexus between the harm and my client’s alleged negligence.


Complex Insurance Coverage Matter.  Successfully prepared and argued a Summary Judgment Motion on a matter wherein the plaintiff alleged that the insurance contract at issue exposed my client to damages of $750,000.  However, I was successful in convincing the judge that the policy language, statutory law and case law supported my position that my client’s exposure was limited to $35,000.


Professional Malpractice Matter. Upon receipt of discovery, I took the position that my client did not contribute to the alleged harm.  Thus, I filed a Motion for Summary Judgment and simultaneously served the plaintiff with a frivolous litigation letter advising that I would seek sanctions if the matter was not voluntarily dismissed.  Within one week, the plaintiff agreed to sign a Stipulation of Dismissal.


Errors and Omissions Matter.  A construction company filed a lawsuit against my client, an insurance agency, alleging that it failed to provide timely coverage for a loss.  I defended the matter on the theory that, based upon the plaintiff’s actions in procuring the insurance, the insurance policy was not in effect until after the alleged loss.  As such, I hired an insurance expert, who agreed, based upon provisions in the New Jersey Administrative Code, that the policy could not have been in effect until after the date of the occurrence.  


Call the Law Offices of James T. McCarthy LLC at 908-766-5000 for a free consultation.

INSURANCE DEFENSE