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:

  • CGL
  • Commercial Property
  • Residential Property
  • Business Auto
  • Uninsured/Underinsured Motorist Benefits
  • ERISA
  • EPLI, and
  • All risk or perils policies

To schedule an initial consultation, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com.

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:

  • Defense and coverage counseling of wrongful death claims implicating disputed insurance coverage under UIM, BAP, CGL and excess/umbrella policies.
  • Prosecution of suits for wrongful failure to settle within available policy limits under liability policies.
  • Defense and prosecution of allocation claims among carriers in the context of underlying defense and indemnity claims among their insureds involving primary and excess policies.
  • Representation of clients in construction defect disputes involving allocation among insurance carriers.
  • Advising clients on the availability of coverage and strategic recommendations through service as coverage counsel behind the scenes in major cases.
  • Advising clients on drafting contractual provisions regarding insurance and indemnity which seek to transfer risk.

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:

  • Representations involving disputed hail, wind, water and accidental loss claims under commercial and residential property policies.
  • Defense of complex business interruption loss claims.
  • Advising clients regarding potential extra-contractual claims, including recommendations for handling to obtain optimal results.

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.

 

 

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WHY CHOOSE US TO REPRESENT YOU

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.

Commitment to Our Clients


Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.

Ethics and Professional Responsibility


At Tully Rinckey, we work relentlessly to ensure our ethical standards and level of professionalism surpass what is expected of us by our clients and the court. Our high ethical principles call us to treat clients with respect, offer affordability to members of the communities we serve, and provide composed and dignified representation.

Our Process


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.

Our Personal Process

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About Our Law Office in Manhattan, NY

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.

To schedule a consultation at our Manhattan office, call 6462019100 or email info@tullylegal.com.

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