Weiss & Hiller, PC Case Successes
SUCCESS STORIES-INSURANCE
In the last four years, Weiss & Hiller, PC has assisted clients in recovering benefits under policies in excess of $24 Million. We have never lost an insurance-related case. Unlike many insurance firms, we do not represent insurance companies; we only represent policyholders. The following is a list of representative examples of our work:
Assisting Clients with Individual Disability Benefits
Wurm v. First Unum Life Ins. Co., (Sup. Ct. N.Y. Co.) (602270/96)
Our client sustained spinal fractures, herniated discs, bulging discs, and degenerative disc disease in a horseback riding accident and sought to recover total disability benefits under her individual disability policy. Although Unum's own employees determined that she was totally and permanently disabled, Unum engaged in "expert shopping" to find a physician to provide a report indicating she could return to work. We filed suit in New York State Supreme Court and obtained what was, at the time, the largest verdict ever against a disability insurer in New York. We also established, for the first time in New York, a policyholder's right to recover attorneys' fees and future damages for an insurer's bad faith, and repudiation of the policy.
Weisel v. UnumProvident Corp., 2006 WL 624900 (Sup. Ct. N.Y. Co.)
UnumProvident terminated our client's benefits and policy after he had been receiving benefits for more than a decade. We filed a complaint, seeking damages, not only for bad faith and repudiation, but also for treble and punitive damages under the RICO Statute (Racketeering Influenced Corrupt Organizations Act). After intensive briefing and oral argument, the Court sustained our claims and refused to dismiss, issuing the first reported decision in New York establishing a policyholder's right to maintain a RICO claim for bad faith misconduct under an insurance policy.
Helping Clients with Group/ERISA Benefits
L--------- v. UnumProvident, Inc., et al., (E.D.N.Y.) (2:02 ---------)
Our client was covered under a group disability insurance policy. After several heart attacks and other cardiac incidents relating to coronary artery disease, he requested monthly benefits for his total disability. Upon receiving the news of Unum's denial of his administrative appeal, our client immediately suffered another heart attack and was hospitalized. We filed a lawsuit in Federal Court, demanding damages, not only for our client's disability benefits, but also attorneys' fees, interest, and punitive damages for violation of the RICO Statute. In response to our complaint, Unum immediately settled the entire dispute, including payment of past and future benefits, attorneys' fees, costs, and additional money damages. The identity of our client and specific terms of the settlement are subject to a confidentiality stipulation.
Assisting Our Client Defeat Counterclaims for Fraud in a Disability Insurance Case
A------ v. The Guardian Life Ins. Co. of America, et al., (Sup. Ct. N.Y. Co.) (Index No.: 04--)
Our client requested benefits for her total disability arising from fibromyalgia, chronic fatigue syndrome, undifferentiated connective tissue disease, vulvadynia, hemaplegic migranes, and depression. In response, Guardian, like so many other disability insurance carriers, threatened to sue her for fraud. We filed suit, and alleged bad faith and repudiation. Guardian immediately settled without even answering, placing our client "on claim." Two years later, our client is still receiving her monthly benefits. The identity of our client and specific terms of the settlement are subject to a confidentiality agreement.
Helping Our Client Through the Claims Process
E---- with ------------ Mutual Ins. Co.
Our client suffers from pulmonary emboli, thrombosis, and a myriad of other ailments and conditions. Two years after filing his disability claim with the insurance company, he still had received no response. We appeared on his behalf, completed and filed the appropriate papers, and obtained the full amount of his insurance benefits. The identity of our client and specific terms of the settlement are subject to a confidentiality agreement.
Helping Our Client With Her Life Insurance Claim
D------- with ---------- Annuity Co.
Losing a loved one can be a terrible heartbreak. Being forced to fight with your spouse's life insurance company can make the situation immeasurably worse. That's what happened when our client filed her claim with Protective Life & Annuity Co.; even though the insurer admitted that the policy existed and that our client was entitled to the benefits she demanded, the insurer refused to pay the claim, demanding a copy of the policy which our client was unable to find. Following service of our demand letter, we forced the insurance company to pay the claim, including all life insurance benefits, plus interest and our attorneys' fees. The identity of our client and specific terms of the settlement are subject to a confidentiality agreement.
Assisting Clients Obtain Defense and Indemnity Coverage/General Liability
Danish Consulate v. Browne, (Sup. Ct. Westchester Co. 2003) (6494-02)
State Farm v. Browne, (Sup. Ct. Westchester Co. 2003) (13763-02 )
Our client was sued by the Danish Consulate which had rented her Westchester house. The Consulate alleged that the house developed a lead-paint problem. When our client asked her insurer, State Farm, to defend and indemnify her in accordance with general liability policy, State Farm sued her, seeking a declaration that there was no coverage for her. We immediately defended our client against the lawsuit by the Consulate, countersued State Farm, and won summary judgment, forcing State Farm to:
- defend our client in the suit by the Consulate;
- pay all of her damages in the suit by the Consulate;
- pay all of her attorneys' fees, both in defending the lawsuit by Denmark and the claims against State Farm; and
- provide lost rent coverage to which our client was separately entitled under her policy.
SUCCESS STORIES-LAND USE
Weiss & Hiller, PC is among the handful of firms in New York which represents opposition groups and refuses to represent developers. The following is a representative example of some of our higher-profile cases:
Helping Our Client Fight Out of Control Development
Red Hook/Gowanus Chamber of Commerce v. Board of Standards and Appeals, et al. (Sup. Ct. Kings Co.) (Index No. 2308-04)
When a group of developers obtained approval to convert a manufacturing building, located in a manufacturing zone, into luxury residential condominiums, our client, the Red Hook/Gowanus Chamber of Commerce was naturally concerned. The Chamber's 85 constituent businesses recognized that the creation of luxury condos in the middle of their 85 businesses would likely place them out of business and their more the 3,000 employees out of work. After the Chamber's first lawyer failed to name the developers as party respondents -- once thought (prior to this litigation) to be a fatal defect to their case -- we moved in to repair the damage, obtained a temporary restraining order and preliminary injunction to stop the $100 Million project. After the developer and City appealed, we took the case all the way to New York's highest court, the Court of Appeals, and obtained a precedent-setting victory, making it easier for community and business groups to challenge municipal action and over-development.
Helping Our Client Fight Large Institutional Defendants
Metropolitan Museum Historic District Coalition v. de Montebello, (Sup. Ct. N.Y. Co.) (Index No. 119635/03)
When asked by a group of New Yorkers to sue the Metropolitan Museum of Art, we were, like many, initially skeptical. But, when we learned that the Met intended to eliminate the world-famous Fifth Avenue Fountains and expand the size of the museum by more than 320,000 square feet into the green space of Central Park, we recognized the importance of the fight. Accordingly, we filed an Article 78 petition on behalf of 2,500 residents on New York's east side to reduce the size of the Met's planned expansion. In the end, the Met agreed to: (i) reduce its expansion from 320,000 to 40,000 square feet, (ii) eliminate plans to expand into Central Park's green space and (iii) preserve the Fifth Avenue Fountains.
SUCCESS STORIES-BUSINESS LITIGATION EMERGENCIES
Weiss & Hiller, PC prides itself on its ability to act quickly in crisis and obtain extraordinary results. The following are representative examples of the cases we were able to file within 24 hours of meeting the client for the first time:
Helping Our Client Protect Its Reputation Against HBO and "Sex and the City"
MNM Properties v. HBO, Sex and the City, et al.
Late on a Thursday evening during the summer of 2003, we were approached by the owners of a tavern in downtown Manhattan who had been informed that an upcoming episode of "Sex and the City," scheduled to air nationally just three days later, was going to depict their ale house as a drug-invested, dump. By Friday morning, we had already filed suit and prepared our motion for a temporary restraining order. By the end of the day, the case was over. There was no expensive discovery or motion to dismiss. Although the terms of the settlement are subject to a confidentiality stipulation, it is well known that Sex and the City changed the episode in question and omitted any disparaging references to our clients' tavern.
Bringing Derivative Actions to Stop Insider Transactions
S-------------- v. P -------------, et al., (Sup. Ct. N.Y. Co.) (Index No.: -----/2005)
In May 2005, our client, a member of a limited liability company, woke up to find that her partner had cut her out of the business, changed the bank accounts, and locked the doors to the business. Our client had developed cutting-edge software for the company and was deeply concerned that her former partner would sell the business or her invention. We immediately sued, obtained a temporary restraining order and preliminary injunction. The case ultimately settled with the defendant-business partner buying our client out of her interest, returning her invention, and paying all of our client's legal fees. The settlement is subject to a confidentiality agreement which prohibits us from disclosing the identities of the parties.
Bringing Derivative Actions to Recover Breaches of Fiduciary Duties
Lavinger v. Maarouf, (Sup. Ct. N.Y. Co.)(Index No.: 99-605211).
On November 16, 1999, our client's business partner decided to quit the business and simply "take" for himself, what he described as, his half of assets. With the police looking on, the business partner emptied our client's place of business and drove off in a large moving truck. By the next morning, we had filed a lawsuit and obtained a temporary restraining order, directing the defendant to return all of the assets. Later that evening, the case settled pursuant to an agreement by which the other side was forced to sell his interest in the company and return all of the assets he took.
SUCCESS STORIES-BUSINESS LITIGATION
Defending Our Clients Against Frivolous Dissolution Proceedings Under BCL 1104-a
Peker v. Dylan et al., (Sup. Ct. N.Y. Co.) (Index Nos.: 604981/2001 and 120375/2001)
Our clients' former business partners filed two 1104-a proceedings, seeking to dissolve the company and obtain restitution and other damages. They also sued our client in Federal Court for alleged violations of the RICO Statute. After we filed multiple orders to show cause to dismiss, for attorneys' fees and for contempt, leading the other side to change attorneys three times, the Court ultimately granted our client summary judgment, dismissing the case.
Successfully Defeating Use & Occupancy Claims
The Port Authority of New York and New Jersey v. American Warehousing, Inc., (Civ. Ct. N.Y.C.) 020153-04/021541-04
In 2005, our client, prior to our retention, had been directed to appear at a hearing on use and occupancy of one of Brooklyn's piers. The case had been pending for well over a year and threatened to expose our client to millions in damages. Within days, we discovered a defect in jurisdiction and moved for a stay and for dismissal. Two months later, the case was over, with the Court fully accepting our argument that there was no subject matter jurisdiction and that the case should immediately be dismissed.
Representing Our Clients in RICO Litigation
Horizon Steel Products, Inc. v. Lauer, et al. (E.D.N.Y.) (97 Civ. 4888)
Our client's company was the victim of a massive fraud by a conspiracy operated through hundreds of small corporations throughout the United States. We immediately obtained a motion for a writ of attachment, temporary restraining order and preliminary injunction, tying up bank accounts all over the country. After obtaining judgment, we pursued the defendants as they fled from state to state, avoiding collection. Eventually, we arranged to have one of the defendants arrested by Federal Marshals and transferred from Florida to New York City, after which, our client collected hundreds of thousands in damages.
L--------- v. UnumProvident, Inc., et al., (E.D.N.Y.) (2:02 ---------)
Our client was covered under a group disability insurance policy. After several heart attacks and other cardiac incidents relating to coronary artery disease, he requested monthly benefits for his total disability. Upon receiving the news of Unum's denial of his administrative appeal, our client promptly suffered another heart attack and was hospitalized. We filed a lawsuit in Federal Court, demanding damages, not only for our client's disability benefits, but also attorneys' fees, interest, and punitive damages for violation of the RICO Statute. In response to our complaint, Unum immediately settled the entire dispute, including payment of past and future benefits, attorneys' fees, costs, and additional money damages. The identity of our client and specific terms of the settlement are subject to a confidentiality stipulation.
Assisting Our Clients in Collecting Hundreds of Thousands in Debts
Baron & Baron, Inc. v. Beauty.Com, Inc.
Baron & Baron, Inc. v. Guerlain S. A.
Baron & Baron, Inc. v. The Rize Corporation
Despite intensive efforts over a two-year period, Baron & Baron, Inc., a renowned graphic designer, was unable to collect any part of the aggregate sum of $450,000 due from the three defendants for whom it had created significant advertising campaigns. Rejecting the typical collection-type pleadings for breach of contract, we designed hard-hitting complaints, containing multiple causes of action, including for fraud, for the revocation of defendants' rights in the valuable intellectual property created by Baron & Baron, and for defendants' payment for their the extended use of such intellectual property. This aggressive approach resulted in a remarkably swift recovery of almost 99% of the total sum due, despite the fact that one of the three defendants had already ceased doing business. In fact, the defendant owing over $335,000 of the uncollected sum agreed to pay the full amount within 24 hours after it was served with the firm's complaints.
Representing Our Clients in Groundbreaking Patent and License Fee Litigation
R------- v. B----------
B----------- v. D------
Our clients were talented inventors. At the early stages of their career, when they were too inexperienced to appreciate the enormous value of their patents/inventions, they were induced by their prior attorneys (who, by virtue of their extensive experience, were fully aware of the inventions' enormous commercial potential), to grant these prior attorneys a one-third interest in the extremely valuable patents and inventions. Following nearly a decade of intensive litigation that included a twelve-week trial, the court disgorged from the prior attorneys a share of approximately $60,000,000 which they would otherwise have received from the proceeds of the patents and inventions.
In the related second case, our clients commenced an action against their licensee who appeared to be withholding substantial royalty payments due the inventors. After another intensive litigation, the licensee agreed to settle our clients' claims by buying out their interests for more than $100 million dollars. The identity of our clients and specific terms of the settlements in both cases are subject to a confidentiality agreement.
Contact the civil litigation attorneys of Weiss & Hiller, PC.
Weiss & Hiller, PC
600 Madison Avenue
New York, NY 10022
Phone: (212) 319-4000
Fax: (212) 753-4530
Weiss & Hiller, PC serves individuals, community groups, and businesses throughout the New York metropolitan area, including New York City, the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Long Island, and in Nassau, Suffolk, Westchester, Rockland, and Kings counties. We also handle cases in New Jersey and Connecticut.
