Subrogation | Liability Insurance Coverage | Liability Insurance Defense
Property Insurance Coverage | Appellate Litigation

Subrogation
One of Denenberg Tuffley's largest areas of practice is subrogation. Its attorneys have litigated and tried countless subrogation cases throughout the United States and around the world. Denenberg Tuffley's belief is that in order to be successful with a subrogation action, it is critical the firm be available to get actively involved at a loss site at an early stage, often times while the fire (or other event) is still occurring. Consequently, the firm's attorneys are available 24 hours a day to travel to a loss site, obtaining and preserving valuable evidence and information. Moreover, the firm has a national network of experts in a wide array of fields. This permits the firm to contact an appropriate expert shortly after receiving notice of a loss, resulting in an expert visiting a site on the same day as the loss, or shortly thereafter. Denenberg Tuffley's proactive approach to handling subrogation claims, coupled with the experience of its attorneys (several of whom were previously involved in such complex subrogation cases as the Kansas City Americold fire and the Rouge Powerhouse explosion in Michigan), has resulted in significantly better recoveries for its clients. (Top of Page)

Liability Insurance Coverage
Denenberg Tuffley's attorneys have extensive experience representing liability insurance carriers regarding coverage issues, both in Michigan and in other states. Whether in the context of a lawsuit brought by the insured, or via a declaratory judgment action brought on behalf of the insurer, the firm's attorneys regularly analyze and/or litigate liability coverage issues such as whether there has been an "occurrence," whether bodily injury or property damage was expected/intended by the insured, and whether a particular person is indeed an insured party under a liability insurance policy. Moreover, because of the breadth of their experience in both residential and commercial coverage matters, the firm's attorneys have addressed more uncommon or esoteric coverage issues. These include the applicability of both limited and absolute pollution exclusions in a variety of contexts, "drop down" issues regarding excess liability carriers (where the primary insurer is either insolvent or has exhausted its policy limits), "other insurance" issues involving multiple liability carriers on a risk, and various unique conditions and exclusions pertaining to personal and advertising liability coverage. In short, Denenberg Tuffley is able to assist its insurer clients in analyzing and confronting a myriad of liability coverage issues. Due to the firm's attorneys' background in this area, Denenberg Tuffley regularly provides liability insurance carriers with coverage opinions, and subsequent representation in litigation as required, in a variety of situations. These have included residential matters, environmental contamination cases, various employment-related disputes, and the Dow Corning breast implant liability insurance coverage litigation. (Top of Page)

Liability Insurance Defense
Denenberg Tuffley has several members that specialize in the handling of complex liability defense cases at the trial and appellate level. The attorneys in this multi-state practice group have a diverse background, including medical malpractice, product liability, automobile/motor carrier negligence, premises liability, automobile no-fault insurance, construction law, environmental contamination, and general negligence. The firm takes an aggressive, yet cost-effective approach to all liability defense litigation. Our attorneys work closely and directly with each client to develop the most appropriate defense strategy for a particular case. We specialize in mastering the technical aspects of a product or complex subject matter. We often recommend early case strategy conferences, and in potential large loss cases, pre-suit attorney-directed investigation. This dynamic, pro-active approach identifies latent issues, permitting the carrier to confidently take a position, and enables our attorneys to prepare the strongest defenses - all before suit is commenced and the cost of extensive discovery is incurred. The firm is then able to provide its client with the facts necessary to make an informed decision as to how to effectively defend each case, whether it be through a trial, arbitration, settlement, or by some other means. (Top of Page)

Property Insurance Coverage
Denenberg Tuffley's attorneys have many years of experience in litigating property insurance claims throughout the United States. They are quite well-versed on a broad variety of coverage issues, including the "direct physical loss" requirement, various questions that arise when multiple perils cause a loss (including the application of the efficient proximate cause rule and the impact of anti-concurrent causation provisions in property insurance policies), coinsurance, and the applicability of numerous exclusions found in property insurance policies. As a result, the firms attorneys are often asked to lecture and/or write on various property insurance topics for organizations like the Property Loss Research Bureau, the Federation of Insurance and Corporate Counsel, and the American Bar Association. The scope of the firm's property insurance coverage practice is quite extensive, including homeowners, commercial, transportation (intrastate, interstate and international) and excess/surplus lines claims. The firm is often involved in every step of a property insurance claim, starting with the initial investigation, continuing through a coverage determination, and culminating (where justified and/or necessary) with litigation -- first-party defense if the claim is denied, and subrogation if it is not. Moreover, if the only dispute is over the amount of a loss, and an appraisal ensues, Denenberg Tuffley will get involved (as required) in the appraisal process. (Top of Page)

Appellate Litigation
One of the most important stages of litigation is the appeal. It is on appeal that a trial court victory can be preserved, or an adverse decision reversed (thereby providing a second chance for success in the trial court). Moreover, unlike trial court decisions, a decision by an appellate court affects more than just the case in question. By establishing or reinterpreting rules of law, an appellate court decision can affect other cases for years to come. Some law firms overlook the importance of appeals, viewing them as nothing more than an afterthought. Denenberg Tuffley takes a different approach. Recognizing the importance of appeals, the firm has several attorneys who either specialize in appellate practice, or have extensive experience in arguing appeals. These attorneys also have prior experience working for state or federal appellate courts, giving them strong insight into how the appellate process works "from the inside". This invaluable experience yields tangible results, including a rate of success on appeal that far exceeds the national average. With regard to appeals, the firm provides several services to its clients. First, it represents them in state and federal courts across the country. This includes filing the appeal, preparing the brief, and appearing at oral argument. Denenberg Tuffley not only handles appeals in cases it litigated before the trial court, it routinely handles appeals in cases in which the firm was not previously involved. Through a review of the lower court record and other relevant file materials, and by consulting with the attorneys who represented the client at trial, the firm's attorneys will learn all that is needed to present the strongest arguments on its client's behalf. Second, even if Denenberg Tuffley does not actually handle the appeal, the firm consults with clients and their trial attorneys regarding an appeal. The firm's attorneys can provide a "fresh look," offering opinions on whether an appeal is practical, which arguments have the greatest chance of success, and what the overall chances are for victory on appeal. (Top of Page)