Where Insurance Risk Meets Strategic Defense
The Insurance Coverage & Defense Team at Lucosky Brookman represents insurers, self-insured entities, and defends insureds in a broad range of complex, high-exposure matters. Backed by decades of experience, our attorneys provide strategic counsel and results-driven advocacy across all phases of litigation, arbitration, mediation, and pre-litigation risk management. We maintain a national practice that encompasses nearly all lines of coverage and types of insurance programs. Ranging from trucking and transportation litigation to bad faith and catastrophe claims, mass tort, professional liability, and public entity defense, we are trusted by carriers to manage their most sensitive, multi-party, and high-exposure disputes.
Whether advising on policy interpretation, defending claims in trial, or navigating regulatory obligations, our attorneys bring deep technical knowledge, industry insight, and a relentless focus on achieving favorable outcomes. Clients turn to us not only for our proven litigation capabilities, but also for our forward-thinking counsel designed to anticipate and prevent disputes before they emerge.
Coverage Opinions & Declaratory Relief
Our attorneys provide comprehensive coverage counsel across a full spectrum of policies, including CGL, D&O, E&O, EPLI, property, auto, and environmental. We prepare detailed opinions, analyze manuscript policy language, and litigate declaratory judgment actions and breach of contract claims. With a deep understanding of layered insurance structures, exclusions, and endorsements, we guide carriers through high-exposure scenarios involving complex claims, excess and umbrella layers, and novel coverage theories. Our proven track record includes favorable judicial interpretations that shape how policy terms are enforced across jurisdictions.
Complex Defense Litigation
We defend insurers and their insureds in a wide range of high-stakes litigation. Our practice includes defense of personal injury, wrongful death, construction defect, employment, property damage, environmental and commercial claims. From pre-suit investigations to post-trial appeals, our litigators focus on early liability assessment, risk transfer, and efficient resolution. With proven success in both settlement negotiations and trial verdicts, we serve as trusted defense counsel in state and federal courts across the U.S., including New York, New Jersey, Texas, Kansas, Iowa and Pennsylvania.
Toxic Tort & Mass Tort Defense
Lucosky Brookman is nationally recognized for its sophisticated defense of complex toxic tort and mass tort litigation. A cornerstone of our practice is asbestos litigation, where we serve as lead and national coordinating counsel for manufacturers, premises owners, and employers in high-volume, multi-defendant matters across the country. We have particular depth in New York City Asbestos Litigation (NYCAL), where our attorneys navigate the jurisdiction’s unique procedural landscape with precision and strategic foresight.
Our team brings extensive experience in developing causation defenses, conducting exposure analysis, and managing cross-party coordination. We are adept at leveraging medical, scientific, and technical expertise to challenge claims and assert all viable defenses, including lack of product identification, de minimis exposure, and statutory limitations. Beyond asbestos, we defend claims involving benzene, silica, mold, and other hazardous substances, and we are actively advising insurers and insureds on the risks and litigation trends emerging from PFAS and other environmental contaminants.
Trucking, Transportation, & Logistics
We provide strategic litigation and advisory services to clients across the transportation sector. We represent commercial fleets, railroads, shuttle and bus services, hazardous materials carriers, and more complex tort, cargo, coverage, and regulatory matters. Our attorneys are equipped for rapid accident response and 24/7 deployment. We are particularly experienced in combating staged accident fraud through proactive investigation, forensic analysis, and coordinated legal strategies. Our team also advises on Federal Motor Carrier Safety Administration (FMCSA) audits, hazardous materials protocols, and ADA compliance, working closely with our environmental practice in toxic tort cases. Recognizing the financial pressures faced by self-insured clients, we prioritize early case assessment, efficient litigation, and value-based fee structures. We deliver a unique blend of litigation strength, industry insight, and cost-conscious advocacy to help transportation clients manage risk and achieve favorable outcomes.
Carrier Counseling & Litigation Prevention
We proactively assist insurers with risk mitigation through claims counseling, internal training, and policy development. Our services include pre-litigation claim analysis, strategic coverage guidance, and regulatory compliance support. We help clients build stronger claims handling frameworks to reduce exposure to bad faith allegations and extra-contractual liability. Many of our attorneys also serve as expert witnesses, appraisers, or arbitrators, offering additional perspective on best practices and dispute resolution.
Catastrophe Litigation & Property Claims
Our attorneys have extensive experience representing carriers following catastrophic weather events, including hurricanes, hailstorms, and floods. We litigate first-party property, builder’s risk, business interruption, and delay claims for residential and commercial losses. Clients turn to us for guidance on exclusions, valuation disputes, bad faith exposure, and complex loss assessments. We have represented numerous National Flood Insurance Program (NFIP) cases and possess unique insight into the Federal Emergency Management Agency (FEMA) procedures and the intricacies of the flood program.
SIU & Fraud Litigation Support
Our team is deeply experienced in Special Investigations Unit (SIU) litigation, with a focus on fraudulent medical claims, staged accidents, inflated property losses, and insured misrepresentation. We conduct Examinations Under Oath (EUOs), draft coverage position letters, and pursue recovery through targeted litigation. Our attorneys also advise carriers on detecting red flags, identifying provider fraud schemes, and developing SIU protocols. We regularly defend insurers in bad-faith suits arising from suspected fraud denials and assist in preserving evidence for criminal referral when needed.
Public Entity & Institutional Defense
Lucosky Brookman defends municipalities, police departments, school districts, and other public institutions in a variety of liability claims. Our experience spans civil rights litigation, false arrest claims, Americans with Disabilities Act (ADA) and Title IX claims, and public employee defense. We also defend transit and school bus systems against injury claims, coordinating with facility staff and outside experts to manage sensitive, high-profile matters. We understand the legal, reputational, and financial challenges faced by public-sector entities and deliver litigation strategies aligned with institutional priorities.
Appellate Advocacy & Strategic Litigation
Our appellate team handles high-stakes insurance and commercial appeals across jurisdictions. Whether defending favorable rulings or overturning adverse decisions, we excel in crafting persuasive appellate briefs, motions for summary judgment, and interlocutory appeals. Several team members have clerked for appellate courts and have experience with matters of first impression. We also advise trial counsel on preserving appellate issues, shaping litigation strategy from the outset to minimize risk and maximize outcomes.
Our insurance coverage attorneys prepare detailed coverage opinions and litigate declaratory judgment actions, breach of contract claims, and bad faith allegations across numerous lines, including:
- Commercial General Liability (CGL)
- Directors & Officers (D&O) Liability
- Errors & Omissions (E&O) and Professional Liability
- Employment Practices Liability (EPL)
- Environmental/Pollution Legal Liability
- ERISA and Fiduciary Liability
- Homeowners and Auto Liability
- Product Liability
- Property Insurance
- Cyber Liability and Tech E&O
We provide guidance to insurers on their rights and obligations under primary, excess and umbrella policies. Our team is skilled at analyzing complex policy language and exclusions and has prevailed in securing favorable judicial interpretations of policy terms.
We have particular expertise in high-exposure litigation and multi-party insurance coverage disputes. When novel coverage issues arise, clients look to us to assess their potential liability, develop a strategy, and pursue or defend coverage litigation. Our trial lawyers have an impressive track record of success in state and federal courts as well as appellate matters.
In the area of bad faith, we defend insurers against claims alleging unreasonable claim handling, failure to settle, improper claim denial and other extra-contractual liability. We have an excellent record of obtaining dismissals and summary judgment rulings in bad faith cases.
Beyond litigation, our coverage attorneys provide advice on underwriting, policy drafting, product development, regulatory compliance and claims handling procedures. We help clients proactively manage risk and avoid legal disputes.
Lucosky Brookman’s Insurance Defense attorneys have decades of experience in the federal and state courts throughout the country providing comprehensive representation to insureds facing claims related to:
- Professional malpractice (insurance agents/brokers, accountants, architects, engineers, attorneys, healthcare providers)
- Director and officer liability
- Construction defects
- Environmental/toxic torts
- Products liability
- Premises liability
- High exposure automobile accidents
- Employment discrimination and wrongful termination
- ERISA and employee benefits disputes
- Public entity and civil rights litigation
- Intellectual property and trademark infringement
We defend professionals, businesses and other insureds against negligence and liability claims. Our team has vast experience managing all phases of litigation from pre-suit investigations and initial responsive pleadings through discovery, motion practice, mediation, trial and appeal. We have obtained numerous defense verdicts and dismissals for insurance clients in high-stakes cases.
A key strength of our practice is our substantial experience defending asbestos exposure claims. For decades, we have successfully represented product manufacturers, premises owners, and employers in complex, multi-defendant asbestos litigation across the country. Our team has a deep understanding of the unique challenges and strategies involved in this specialized area.
Our attorneys have extensive knowledge of the medical, scientific, and legal issues in asbestos cases. We thoroughly investigate each plaintiff’s alleged exposure history and medical conditions, skillfully deposing plaintiffs, fact witnesses, and expert witnesses. We identify potential exposure sources, assert cross-claims against other responsible parties, and pursue all available defenses, including lack of product identification, statutes of limitations, and worker’s compensation exclusivity.
We have a strong track record of achieving favorable settlements while minimizing litigation costs. When necessary, we aggressively defend cases through trial, presenting persuasive defenses on product identification, alternate causation, and damages mitigation. Our team has secured landmark legal rulings benefiting the broader insurance industry, such as the application of coverage triggers, allocation methods, and exclusions for asbestos claims.
In addition to our litigation prowess, we provide counseling to insurers on asbestos claims handling, reserving, and resolution strategies. We help clients develop best practices for investigating and evaluating asbestos claims to ensure consistency and minimize exposure.
Lucosky Brookman has the knowledge, experience, and staffing to serve as national or regional asbestos counsel for insurers. We efficiently manage high-volume asbestos dockets while providing top-quality representation. Our deep subject matter expertise, creative problem-solving skills, and tenacious advocacy enable us to deliver results in this high-stakes area of insurance defense.
In addition to our strong litigation capabilities, we provide proactive risk management advice to insurance clients. This includes assisting with policy drafting and interpretation, claims handling procedures, and regulatory compliance. We help clients develop best practices to reduce claims and liability exposure.
Lucosky Brookman has earned a reputation among insurers for our responsive service, strategic counsel and ability to efficiently manage litigation. We staff matters leanly with experienced insurance attorneys who take a hands-on approach. Clients benefit from our deep knowledge of insurance law and the jurisdictions in which we practice.
At Lucosky Brookman, we pride ourselves on building long-term relationships with insurance clients who trust our judgment and ability to protect their interests in their most challenging legal matters. Our insurance coverage and defense team has the experience and skill to handle your most complex and high-stakes issues. We are committed to providing the highest caliber of representation while containing costs and delivering results.
Lucosky Brookman’s Transportation Practice Group, a specialized division within our Insurance Defense and Coverage Practice Area, represents clients and their carriers in complex tort and coverage litigation across the transportation industry. Our team of experienced attorneys handles cases in state and federal courts throughout New York, New Jersey, Pennsylvania, Texas and Florida.
We represent a wide array of clients, including commercial trucking fleets, railroads, bus and shuttle services, ambulance providers, and hazardous materials carriers. Our attorneys handle matters involving catastrophic accidents, cargo claims, environmental incidents, insurance coverage, and regulatory compliance. We also assist with contract disputes, coverage analysis, and appeals.
Our team is equipped for 24/7 rapid accident response, preserving critical evidence and coordinating with authorities. Staged accidents pose a growing threat to the transportation industry, with organized criminal networks targeting commercial vehicles to file fraudulent insurance claims. We take a proactive, multi-layered approach to combat this issue, leveraging early detection protocols, forensic analysis, and aggressive legal strategies to expose fraud and protect clients from financial and reputational harm. Our team works closely with insurers, investigators, and authorities to stay ahead of evolving tactics and deliver effective, results-driven defense.
Our regulatory compliance services cover FMCSA audits, hazardous materials protocols, and ADA issues. For clients transporting hazardous materials, we collaborate with our environmental practice to manage toxic tort and environmental claims.
We understand the financial pressures on transportation businesses, especially those with large self-insured retentions. Our value-driven approach includes early case assessment, practical litigation strategies, and alternative fee arrangements. We utilize technology and tailored staffing to deliver competitive rates and high-quality representation.
At Lucosky Brookman, we combine transportation industry knowledge, litigation excellence, and practical business sense to deliver exceptional legal representation to our transportation clients.
