Practice Area

Insurance Defense Litigation

Direct counsel in English, 한국어, and 中文 — no interpreters.

Defense of insurance carriers and self-insured entities across NJ and NY — bodily injury, premises liability, products, professional liability, coverage, and bad faith matters.

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2Senior Attorneys

30+Years Trial Experience

NJ · NYLaw Division

01 · Our Team

Insurance Defense Litigation Team

Insurance carriers and self-insured entities need trial counsel who can evaluate exposure quickly and try cases when needed. Song Law Firm’s insurance defense practice is led by a former NJ Deputy Attorney General and a 30+ year trial veteran — both with deep NJ and NY Law Division experience.

Howard Z. Myerowitz, Esq.

Senior Associate Attorney

Former NJ Deputy Attorney General. J.D., Fordham. Defends insurance carriers and self-insured entities in NJ Law Division and Superior Court — bodily injury, premises liability, auto, and professional liability claims.

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Roy H. Mossi, Esq.

Senior Associate Attorney

30+ years trial experience. NJ, NY, FL bar. J.D., University of Miami. Defends complex insurance and tort cases — auto liability, product liability, premises, and uninsured/underinsured motorist matters.

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02 · Practice Scope

What We Defend

Carrier-assigned and direct-retained insurance defense — bodily injury, property, and coverage matters.

Auto Liability Defense

Defense of automobile bodily injury and property damage claims under NJ no-fault and NY no-fault frameworks. Comparative negligence, threshold challenges, and trial advocacy.

Premises Liability

Slip-and-fall, trip-and-fall, snow and ice, inadequate security claims defense for commercial property owners, landlords, and retail tenants under NJ and NY premises liability standards.

UM/UIM Defense

Uninsured and underinsured motorist arbitration and litigation. Stacking analysis, hierarchy of coverage, and arbitration advocacy under NJ AAA and NY procedures.

Products Liability

Defense of product manufacturers, distributors, and retailers — design defect, manufacturing defect, and failure-to-warn claims. Expert engagement and Daubert challenges.

Professional Liability

Defense of attorneys, accountants, brokers, and other professionals in malpractice and E&O claims. Standard-of-care defense, statute of limitations, and damage causation.

Construction Defect

Defense of contractors, subcontractors, and design professionals in NJ and NY construction defect litigation. Additional insured tenders and indemnification.

Coverage Opinions

Carrier-side coverage analysis for NJ and NY commercial general liability, auto, homeowners, and umbrella policies. Reservation of rights, declaratory judgment, and bad faith defense.

Subrogation Defense

Defense of subrogation claims by carriers seeking to recover paid losses. Anti-subrogation rule, contractual waiver, and the made-whole doctrine.

03 · Critical Window

Early Defense Decisions Drive Outcomes

Insurance defense outcomes are determined in the first 90 days as often as at trial.

30-Day Coverage Review

The first 30 days after assignment set the trajectory — coverage analysis, reservation of rights, additional insured tenders, and early case assessment for reserves.

Pre-Suit Investigation

Independent medical exams, scene photographs, witness statements, and video preservation — most effective before suit is filed, when the plaintiff’s narrative has not yet hardened.

Discovery Disclosure

NJ R. 4:17 and NY CPLR Article 31 discovery deadlines run from the answer. Missing the initial disclosure window waives key defenses (expert designation, comparative fault apportionment).

04 · Results

Representative Defense Outcomes

Selected matters for insurance carriers and self-insured clients.

Premises Liability — Defense Verdict

Obtained NJ defense verdict in slip-and-fall case where plaintiff claimed permanent back injury — established adequate snow removal compliance with municipal ordinance.

Auto BI — Threshold Dismissal

Dismissed NJ auto bodily injury case on verbal threshold — plaintiff’s injuries did not meet permanency standard under N.J.S.A. 39:6A-8(a).

UIM Arbitration — Defense

Defended UIM arbitration claim for major carrier — reduced demand from policy limits to under 25% through comparative fault evidence.

Construction Defect — Tender Accepted

Successfully tendered construction defect case to additional insured carrier on behalf of subcontractor — eliminated $250K+ exposure.

05 · Questions Answered

Common Questions

What is the NJ verbal threshold?

N.J.S.A. 39:6A-8(a) limits non-economic damages in auto cases to plaintiffs who suffered permanent injury as confirmed by objective medical evidence. Plaintiffs who selected the verbal threshold option cannot recover pain and suffering without meeting this standard.

How does comparative negligence work in NJ?

NJ is a modified comparative fault state — plaintiff’s recovery is reduced by his/her percentage of fault, and barred entirely if fault exceeds 50%. NY uses pure comparative fault — plaintiff recovers even if 99% at fault, but recovery is reduced proportionally.

What is a reservation of rights letter?

Notice from the carrier to the insured that, while defense is being provided, the carrier reserves the right to deny indemnity coverage based on specified policy provisions or exclusions. Triggers right to independent counsel in some jurisdictions.

When can an additional insured tender be accepted?

When the underlying contract creates AI status, the loss arises from work performed by the named insured, and the carrier’s AI endorsement applies. Common in construction, real estate, and vendor contexts.

What is the NJ Affidavit of Merit Statute?

N.J.S.A. 2A:53A-27 requires malpractice plaintiffs (medical, legal, engineering, etc.) to serve an Affidavit of Merit within 60 days of answer. Failure dismisses with prejudice — a powerful early defense tool.

What is bad faith exposure?

When a carrier refuses to settle within policy limits where reasonable, and a judgment exceeds limits, the carrier can be liable for the entire judgment plus consequential damages. Defense strategy includes timely Pico letter response and excess offer documentation.

How long do insurance defense cases take?

Routine auto BI: 18-24 months through discovery and arbitration. Premises and product cases: 2-3 years. Coverage disputes resolve faster through declaratory judgment, often 9-15 months.

What is the Anti-Subrogation Rule?

A carrier cannot subrogate against its own insured. When the alleged tortfeasor is also insured by the same carrier (e.g., parent and subsidiary on the same policy), the subrogation claim fails.

What are NJ PIP medical thresholds?

NJ PIP (Personal Injury Protection) pays first-party medical expenses up to policy limit (typically $250,000 with $15K floor). Excess medical may be pursued against the tortfeasor’s BI coverage. PIP fee schedule caps provider reimbursement.

What are our fee arrangements?

Insurance defense matters are billed at carrier-approved hourly rates with established LSGs (Litigation Strategy Guidelines). Self-insured matters can use hourly, flat fee per phase, or hybrid arrangements. Reserves and budgets discussed early.

06 · Service Area

Where We Serve

From Fort Lee headquarters across NJ Law Division and NY Supreme Court.

New Jersey

Bergen, Hudson, Essex, Passaic, Middlesex, Morris, Union, Somerset Counties — NJ Law Division (civil parts), Special Civil Part, and Superior Court arbitration. AAA and JAMS proceedings.

New York

NY Supreme Court (Manhattan, Queens, Brooklyn, Bronx, Westchester, Nassau, Suffolk). NY no-fault arbitration. Federal SDNY and EDNY for diversity matters.

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024.

07 · Recent Articles & Columns

Insurance Defense Articles

Recent columns on NJ and NY insurance defense practice.

08 · Success Stories

Recent Defense Matters

Selected verdicts, dismissals, and resolutions.

09 · Get in Touch

Protect Your Carrier or Self-Insured Position.

Free initial consultation. Senior trial counsel from day one. Carrier-approved billing or hybrid arrangements.