Manhattan, New York
Tully Rinckey’s coverage attorneys understand the insurance business and use that knowledge to navigate the complex process of insurance claim litigation. Whether through trial, settlement or advice regarding strategy, Tully Rinckey’s knowledge of insurance law and the insurance industry allows it to efficiently and effectively handle the matter. Our insurance coverage partners have been recognized by Martindale-Hubbell with the AV-preeminent rating for high ethical standards and legal ability.
Tully Rinckey PLLC is one of the premier insurance coverage litigation firms in Texas. Its insurance practice focuses on litigation of complex coverage and “bad faith” claims that arise under commercial, individual, and group policies. Located in the state capital of Austin, Tully Rinckey represent clients in first-party disputes arising under commercial and personal property policies. They regularly advise clients on potential and recently-enacted legislation, as well as major appeals before the Texas Supreme Court.
Tully Rinckey’s coverage attorneys understand the insurance business and use that knowledge to navigate the complex process of insurance claims. Whether through trial, settlement or advice regarding strategy, Tully Rinckey’s knowledge of insurance law and the insurance industry allows it to efficiently obtain the best outcome for its clients.
Tully Rinckey’s insurance litigators are experienced in a broad range of insurance coverage disputes, including those involving:
Third-party insurance—or liability insurance—is insurance that provides defense and indemnity to an insured who has been sued. Tully Rinckey PLLC has dealt with all layers of coverage, including their interplay in complex, multi carrier, multi policy year cases and analysis of complex risk management programs.
Tully Rinckey PLLC has in-depth experience addressing coverage and extra-contractual issues under general liability (CGL), commercial auto, workers’ compensation/employer’s liability, Employment Practices Liability (EPLI), and many other specialty policies.
Notable Representations Include:
Tully Rinckey’s experience with first-party policies and claims allows us to effectively and efficiently obtain the best outcome for our clients. Tully Rinckey PLLC has in-depth experience addressing coverage and extra-contractual issues that arise with property damage or storm claims, UM/UIM claims, and ERISA claims, among others.
Notable Representations Include:
The employer/employee relationship can give rise to a host of issues. Decisions such as hiring, firing, demoting or disciplining an employee may result in a claim against the employer. A business can also face claims by employees who allege they were wrongly discriminated against or harassed. Recent attention to the problem of workplace sexual harassment has some anticipating a coming wave of employee sexual harassment suits. While many may be familiar with class action lawsuits against large, multinational companies, smaller companies may also face employment-related disputes.
If a company has an Employment Practices Liability Insurance (“EPLI”) policy, it may seek coverage to offset some of the cost of defense and a judgment or settlement, if any.
EPLI is a form of liability insurance that is specifically tailored for employment-related disputes.
However, an EPLI policy is not meant to cover all employment-related disputes. Typical EPLI policies may exclude from coverage employee-related claims such as wage and hour disputes, ERISA disputes, and violations of the “WARN Act.” Coverage disputes can develop as to whether a claim is covered, whether it was timely reported, allocation (when a claim involves some allegations that may be potentially covered and other allegations that are not), and disputes concerning interrelated claims. An experienced coverage attorney can navigate these issues.
Tully Rinckey PLLC insurance law attorneys are experienced in representing businesses in EPLI claims. Our attorneys are skilled at problem solving, whether through informal resolution or litigation. Our attorneys have handled EPLI disputes concerning reinstatement of coverage, allocation of defense costs, and policy interpretation and construction.
The Employee Retirement Income Security Act of 1974 or “ERISA” applies to most private sector employee benefit plans. Such plans may include disability, accident, and medical benefits. ERISA litigation is handled much differently than first-party insurance disputes under non-ERISA plans.
ERISA disputes are generally litigated in federal court, are not tried to a jury, and damages are limited. Claims available under state law may be preempted by the ERISA statutory scheme. There are also differences in discovery and the evidence on which the matter is decided, typically referred to as the administrative record.
The court may, in its discretion, award reasonable attorney’s fees to a party in an ERISA action.
ERISA does not apply to all retirement plans. Plans by Federal, state, or local government are not covered by ERISA. Plans that meet the criteria of “church plans” are also not governed by ERISA.
In addition to disputes between a plan participant or beneficiary and the plan administrator, ERISA may be implicated in disputes over provider reimbursement claims.
Tully Rinckey PLLC insurance law attorneys are experienced in representing insurance companies in ERISA disputes. Our representative matters include defending a carrier in a dispute alleging ERISA and state law claims over life insurance proceeds and a coverage dispute concerning a claim under an accidental death policy, among others. Our AV Preeminent-rated attorneys are capable of representing clients in ERISA claims in federal courts throughout Texas.
No matter the precautions taken in the design and manufacturing process, injuries can still occur. When they do, companies must be prepared to defend themselves against product liability claims.
Tully Rinckey PLLC attorneys have represented manufacturers in defense of product liability claims involving vehicles and equipment. Such experience includes defending a golf cart manufacturer when one of its vehicles unintentionally powered forward and seriously injured the cart’s owner, leading to quadriplegia. Such experience also includes defending a commercial lawnmower manufacturer against a claim where a rollover accident caused the owner a serious head injury.
If your company is facing a product liability claim, talk to one of our Tully Rinckey PLLC attorneys. We will discuss the matter at hand and determine the best course of action to defend your company’s interests. Often, these matters can be resolved through mediation or arbitration, but we are always prepared to aggressively represent you in state or federal court.
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the country, coast to coast, we make sure you receive legal counsel and representation you can trust. A number of the partners in our firm have earned the highest possible ratings for their exceptional legal ability and high ethical standards, including the AV Preeminent peer review rating from Martindale-Hubbell and top ratings from Avvo, Best Lawyers, and Super Lawyers.
Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.
Our client-centered process is all about communication. During consultations, we teach clients about legal challenges they face and explain options available from their current position. Our attorneys explain how we resolve legal issues for the best possible outcome. We define what the expectations are, create manageable deadlines, and discover evidence to support claims.
Tully Rinckey PLLC is a Service-Disabled Veteran-Owned law firm founded by military veterans Mathew B. Tully and Greg T. Rinckey, and now employs attorneys who are veterans of the Armed Forces. The military ranks and roles of our attorneys range from a Brigadier General, former Judge Advocates of all Officer ranks, and attorneys who have served as enlisted and Non-Commissioned Officers. The principles of the U.S. military carry over into how we operate our firm. These include leadership, character, technical and tactical proficiency, strong communication skills, seeking and taking responsibility, understanding assignments, choosing the right people for the job, and teamwork.
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The nationally recognized attorneys in the Manhattan office of Tully Rinckey PLLC serve individuals and businesses of all sizes with experienced, affordable, and results-driven counsel and representation in all legal matters. The Manhattan office of Tully Rinckey PLLC is an international business hub established in 2017. Our knowledgeable team is dedicated to helping individuals, families, and businesses of all sizes resolve any legal issues they may have. Our highly experienced lawyers, paralegals, and support staff offer you a host of legal services, including outsourced general counsel, business consulting, international business law, employment law, and so much more.