Appellate Win for Andrea Ferruci , Congratulations for a summary judgment dismissal of the claim of Omar Tawancy v. Daniel Fitzsimmons (64764/2013). The plaintiff, Omar Tawancy, was struck by the defendant's vehicle as he was walking over the Fire Island Inlet bridge of the Robert Moses Causeway (in the roadway) at 4:00 a.m. on August 10, 2013. The plaintiff testified on the evening before the accident he was at a party on Fire Island and drank several beers. He was walking over the bridge at the time of the accident and sustained serious injuries from the accident. Probably not the best of choices to cross the Fire Island Bridge in the travel lane for cars while intoxicated at 4:00 a.m. Read the complete decision here.

As Managing Attorney of the Summary Judgment and Appellate Department, Andrea heads the team responsible for reviewing and making recommendations on every file involving bodily injury claims. Since taking over the department, she has implemented numerous procedures to expedite and streamline matters. She is an organized and efficient manager as well as a stellar attorney. She has drafted and argued close to 70 appeals since 2009 when she took over the Appellate Department. Read full bio

Congratulations to Chris Amato for a defense verdict on the issue of liability on July 6, 2016 in Richmond County before Judge Desmond Green in BECKY MORALES v. MIRJANA SCARSELLI (100391/2014).

About Chris Amato:

As Richmond County Team Leader, Chris is in court daily. His role is to stay on top of every matter whether it involves arguing motions, attending conferences or going to trial. He draws on the strong relationships he has with court personnel and attorneys to keep cases moving smoothly.

An accomplished litigator, Chris has successfully resolved numerous high-exposure liability claims. He has over 27 years of insurance defense experience as both in-house and outside counsel. His practice focuses on bodily injury automobile accident cases as well as some general liability matters.

Congratulations to Tim Jones for a defense verdict on July 7, 2016, in Bronx County before Judge Barbato on the issue of liability in CHRISTINE WILLIAMS v. DONALD CARROLL (300777/2013).

About Tim Jones

As Bronx County Team Leader, Tim ensures all cases are ready to go to trial. He monitors when they are likely to come up for trial, prepares witnesses and filings, and litigates many of the cases himself. He brings a great blend of experience to each matter. Prior to joining the firm, he spent 15 years working on the plaintiff’s side, which gives him a unique perspective on countering his opponent’s strategies and tactics. His background also includes working in-house at Hartford and US Fidelity & Guaranty as well as with other outside defense counsel firms.

Tim is a skilled trial attorney who relishes being in the courtroom and taking on opposing counsel. Educating juries and getting at the truth of what happened in a case are a big part of what he enjoys about being a lawyer. He also likes that every case is different and involves learning something new, whether it’s about medicine, physics, biology, human experience or another area. His practice covers a broad range of personal injury defense claims. Read full bio

Defense Verdict for Paul Duer: Congratulations to Paul Duer for a defense verdict in the case of ISMAEL ABREAU v. FORTUNE DONUT CORP.(2343/2014) on July 15, 2016, before Judge Ritholtz in Queens.

About Paul Duer:

Paul is the Queens County Team Leader responsible for managing the firm’s busy court calendar. A skilled litigator, he has an impressive portfolio of defense verdicts on the issues of liability and damages. Paul thrives on challenge and he brings his competitive spirit to every case. His practice focuses on automobile accident cases and he handles all aspects from inception through resolution. Read full bio

Great Result for Mark S. Zemcik: Congratulations to Mark S. Zemcik for a great result on Advanced Orthopedics v State Farm, an AAA case. The amount claimed in the Arbitration Request, was $ 6,343.25. The decision is worth a quick read. Great work Mark!

"It is well settled that a health care provider establishes its prima facie entitlement to No-Fault benefits as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received and that payment of No-Fault benefits were overdue. Westchester Medical Center v. Lincoln General Insurance Company, 60 A.D.3d 1045, 877 N.Y.S.2d 340 (2nd Dept. 2009); Mary Immaculate Hospital v. Allstate Insurance Company, 5 A.D.3d 742, 774 N.Y.S.2d 564 (2nd Dept. 2004). Applicant submits an NF-10 denial of claim form for what it claims is the bill at issue in this case. Respondent argues that this denial does not satisfy Applicant's prima facie burden, as the NF-10 shows Dov J. Berkowitz as the applicant for benefits, not Advanced Orthopedics PLLC, the Applicant in the case before me.

Applicant then called Kitty D'Alto as a witness. Ms. D'Alto has worked at Advanced Orthopedics, PLLC as a billing manager for seven or eight years. As part of her duties she is in charge of all billing for Applicant, including generating bills and ensuring they are submitted to the insurance companies.

Ms. D'Alto initially testified that the bill at issue in this case was mailed on 6/10/2015. She explained that the bill in evidence is dated 8/10/2015, as it was reprinted for the purpose of filing this arbitration and the amount at issue was changed in consideration for partial payments. She further testified other than the date on the bill, and the letter "F" after the patient's account number, the bill submitted for arbitration is identical to the bill that was submitted to the insurance carrier for reimbursement. She specifically testified that box 33 on the original bill, indicating the billing provider info, indicated Advanced Orthopedics, PLLC on both the original bill and the copy before me. She stated that box 33 could not have had Dov J. Berkowitz listed as provider.

In rebuttal, Respondent showed the witness a copy of the bill which listed Dov J. Berkowitz as the provider in box 33. Ms. D'Alto then changed her testimony that this could be the bill submitted to Respondent. To make out a prima facie case, a claimant must present in its original papers the claim

form it submitted to the insurer. Complete Orthopedic Supplies, Inc. v. State Farm Ins. Co., 16 Misc.3d 996, 999, 838 N.Y.S.2d 861, 866 (Civ. Ct. Queens Co. 2007). Due to the inconsistencies in her testimony and in the evidence presented, I find that Applicant has failed to make out its prima facie."

Congratulations to Dave Tetlak and our No-Fault Team for a great result on an ATIC arbitration. The amount demand demanded, $80,994.83, was denied in its entirety. The relevant portion of the decision is below:

The only other relevant evidence with respect to the question of the timeliness of the bill is the "proof of mailing" referred to by the billing manager. The ECF contains a heavily redacted log sheet that bears a US Postal Service post mark of 3/2/15. I note that the billing manager, Mike Manzo, swore in his affidavit that he personally maintains the logbook and that all claims are mailed on the first business day of each week. 3/2/15 was in fact a Monday. 4/17/15 was a Thursday. The post marked page of the log book that was submitted was redacted so that only the fourth entry on the page is legible. The column on the far left of the page is headed "article number" and the visible entry in that column has the relevant information necessary to identify the claim that is the subject of this arbitration. However, the second column, headed "Addressee (Name, Street, City, State & Zip Code)", has the Respondent's name and address in totally different handwriting than that identifying the claim. I also note that the second column has ruled lines on which to write the addressee's information. However, on the single section of the log that is visible the first column, again in obviously different handwriting than the second, is not lined, at least suggesting the possibility that the entry was whited out and rewritten.

I find that absent a direct affidavit of mailing, the discrepancy in the handwriting and the appearance that the claim information may have been added, particularly in view of the fact that the remainder of the log page is redacted so that no comparison to other entries of that day could be made, the log itself lacks credibility and is insufficient to establish timely mailing of the bill in issue. Although not required, I find the failure of theApplicant to attempt to justify its late bill directly prior to filing for arbitration further calls the actions of the billing company into question. I find nothing in the telephone call of 4/17/15 to indicate that a bill was actually mailed prior to that phone call. I note that the degree of redaction was completely unnecessary to preserve patient confidentiality insofar as the only necessary redaction for each entry would be the patient's name and file/claim number. There was no reason whatsoever to redact any portion of the column listing addressees. I find that these overly extensive redactions render the log virtually useless in establishing mailing on 3/2/15. As such, I find that the Applicant is not entitled to any reimbursement due to having submitted its bill in excess of forty-five days after the services reflected in the bill were rendered and find that the remaining unaddressed issues are therefore moot.

Read the complete decision here.

Congratulations to Andrea Ferrucci for another Appellate Victory in Hartsuff v Michaels (2016 NY Slip Op 04020) decided on May 25, 2016 by the Appellate Division, Second Department. Great result and great work!!! Read the decision here.

Congratulations to Tom Craven for an outstanding result in Johnson v. Yang in Queens County (Index No: 703829/13). We thought we would share this very gracious thank you letter from the client. The impression this client was left with is one we strive to achieve for all of our clients. Great job Tom!

Read the letter here.

Paralegal

Scahill Law Group is a prominent Insurance Defense firm on Long Island. We are seeking experienced and motivated paralegals and Legal assistants to join our team.

Essential Duties and Responsibilities:

Following is a summary of the essential functions of this job. Other duties may be performed, both major and minor, which are not mentioned below. Specific activities may change from time to time.

Provide efficient administrative support.
Assist attorneys in handling cases from inception to the resolution of the matter.
Draft pleadings, discovery demands, responses, motions, various correspondence to clients and adversaries, etc.
Assist in trial preparation and various discovery.
Mail, fax, E-File, or arrange for delivery of legal correspondence to clients, witnesses, and court officials.
Assist attorneys in collecting information such as employment, medical, and other records.
Receive and place telephone calls.

Requirements

· 3 Plus years of experience as a Paralegal with working knowledge of insurance defense and/or Personal Injury Law

- Customer service skills
- Knowledge of Microsoft Office Suite

· Attention to detail, organized, time management

Ability to work in a fast-paced, high volume firm

Job Type: Full-time – Hybrid Remote Work

Benefits:

401(k)

Dental insurance

Health insurance

Paid time off

Trial Attorney-Insurance Defense

Scahill Law Group seeks a full-time Trial Attorney with a minimum of ten years of experience with an insurance defense background to take over a full pending caseload. The attorney would be responsible for representing civil defendants with primary venues being the five boroughs of New York City, Nassau, and Suffolk in Long Island and the Lower Hudson Valley. The position would require the Attorney to analyze lawsuits, prepare pleadings, conduct depositions and attend arbitrations, conferences, motions, and trials. The candidate must be organized, a team player, and able to handle a high volume of court appearances, virtual or/and in-person while handling a large caseload.

RESPONSIBILITIES INCLUDE

Analyze complex lawsuits referred from Claims and prepare necessary answers and responsive pleadings.
Interface and develop a rapport with our clients, claim customers, and our office team.
Conducts depositions and attends court conferences, arbitrations, motions, and trials.
Participates as a trial and/or appellate attorney in matters of significant exposure and complexity.
Possesses excellent knowledge of rules of evidence and civil procedure.
Possesses excellent knowledge of all aspects of Automobile Litigation, UM/SUM, and Premise Liability Insurance Law.
Provides legal research, advice, and direction to Claims on cases of significant exposure and complexity.
Work independently in making decisions in file handling, communicating those decisions appropriately, and keeping the Legal Management Team apprised.
Adept at working in a paperless environment, video conferencing skilled and proficient in computer legal case management systems.
Maintain minimum billing requirements

QUALlFICATIONS:

Possesses a minimum of ten years of relevant litigation and trial experience encompassing liability and damages verdicts.
Fully licensed to practice law in New York State and admitted to Federal Court in the Eastern and Southern Districts.
Must be able to handle a large caseload of High Indemnity matters including reporting requirements, roundtables, and a moderate to a significant amount of trial work.
Have a comprehensive knowledge of motor vehicle, premises, UM/SUM, and subrogation claims.

ADDITIONAL KNOWLEDGE. SKILLS AND ABILITIES

Excellent written and Oral Communication Skills
Willingness to work within the established system while also looking to improve processes and procedures and able to be flexible in all work assignments.
Proficiency with computer software including current Windows Operating System, MS Word, MS Teams, MS Outlook, and ability to adapt to new programs.

Legal Case Management Program experience is a plus. LexisNexis/TM

Attorney - Insurance Defense

Full Job Description

Attorney – Scahill Law Group
Responsible for handling a large volume of assigned litigation cases from inception through trial and to ensure all internal case handling and reporting requirements are consistent with the Scahill Law Group Litigation Philosophy and Litigation Management Guidelines. Provide the highest level of legal representation for Scahill Law Group Clients and their insureds.

Essential Duties and Responsibilities:
Following is a summary of the essential functions for this job. Other duties may be performed, both major and minor, which are not mentioned below. Specific activities may change from time to time.

Answer summonses and complaints
Initiate and respond to written discovery.
Prepare and respond to motions before the court.
Prepare for and attend all court appearances, as necessary.
Prepare for [including written submissions] and attend arbitrations where appropriate.
Prepare for, schedule, and conduct depositions and examinations under oath, as necessary.
Prepare for and attend trials, as necessary.
Maintain reporting procedures (i.e., file reviews, diary control)

Minimum Skills and Competencies:
The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

J.D. (Juris Doctor) Degree from an accredited US law school
Maintain appropriate licensing and educational requirements.
3 plus years of experience in insurance defense on behalf of an insurance carrier in any combination of the following areas: automobile liability, premise liability, liability claims and homeowner/premises,
Experience in all phases of litigation (including trials to verdict) involving complex, high risk and/or high exposure cases.
Possess a strong understanding of insurance law, including the laws and rules governing civil practice in the state of practice.
Ability to analyze legal issues and identify relevant case opinions and facts, as well as the ability to interpret laws, rules, and regulations.

Job Type: Full-time

Benefits:

401(k)
Dental insurance
Health insurance
Paid time off

Schedule:

Monday to Friday

Application Question(s):

Do you have experience in meeting hourly billing requirements?

Experience:

Insurance Defense: 3 years (Required)

Work Location: One location

Full Job Description

Primary Purpose:

Responsible for handling a large volume of assigned litigation from inception through trial and to ensure all internal case handling and reporting requirements are consistent with the Scahill Law Group Litigation Philosophy and Litigation Management Guidelines. Provide the highest level of legal representation for Scahill Law Group Clients and their insureds. Take ownership of any issue, problem, or error that could impact the company, policyholder, and/or loss participant.

Essential Duties and Responsibilities:

Following is a summary of the essential functions for this job. Other duties may be performed, both major and minor, which are not mentioned below. Specific activities may change from time to time.

Answer summonses and complaints
Initiate and respond to written discovery.
Prepare and respond to motions before the court.
Prepare for and attend all court appearances, as necessary.
Prepare for [including written submissions] and attend arbitrations where appropriate.
Prepare for, schedule, and conduct depositions and examinations under oath, as necessary.
Prepare for and attend trials, as necessary.
Maintain reporting procedures (i.e., file reviews, diary control)
Research and analyze legal questions and issues.
Write confidential legal memoranda.
Draft confidential opinions
Research and prepare post-trial motions and appeals.
Maintain current knowledge of applicable insurance law in the state of practice.

Minimum Skills and Competencies:

The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

J.D. (Juris Doctor) Degree from an accredited US law school
Maintain appropriate licensing and educational requirements.
3-5 years of experience in insurance defense on behalf of an insurance carrier in any combination of the following areas: automobile liability, premise liability, liability claims and homeowner/premises,
Experience in all phases of litigation (including trials to verdict) involving complex, high risk and/or high exposure cases.
Possess a strong understanding of insurance law, including the laws and rules governing civil practice in the state of practice.
Ability to analyze legal issues and identify relevant case opinions and facts, as well as the ability to interpret laws, rules, and regulations.
Possess strong analytical and critical thinking skills with the ability to provide concise, practical advice to non-lawyers.
Possess strong verbal and written communication skills with the ability to write motions and legal prose with clear and cogent arguments.
Possess strong organizational and time management skills.
Possess strong skills in attention to detail.
High degree of initiative, mature judgment, discretion, and the ability to handle sensitive matters on a confidential basis.
Possess strong client relationship skills with the ability to resolve conflicts and empathize with insured clients.
Possess strong negotiation skills.
Knowledge of complex medical issues, particularly orthopedic and neurological, with the understanding of etiology, causation, and treatment of injuries consistent with motor vehicle and premises accidents
Proficient in Microsoft Office (Word, Excel, Outlook, PowerPoint)
Proficient in Westlaw software
Solid understanding of the insurance industry and organizational relationships of the company, including the functions of other departments.

Desired Skills:

Experience in Legal Files case management software

Calendar Clerk

Job Description

A calendar clerk at Scahill Law Group, PC, is part of a team of dedicated professional’s that can handle a high-volume calendar. Under general supervision compile, verify and schedule daily calendars for court appearances of attorneys and perform other administrative duties related to the Calendar Department.

Essential Functions

· Experience scheduling Depositions

· Knowledge and understanding of the various court reporting agencies.

· Confirming court calendar, including but not limited to virtual conference, motions.

· Experience using a calendar system, such as a case management system to enter and keep track of all appearances.

· Contact attorneys and/or other parties regarding changes to court dates, including adjournments and cancellations.

· Review calendars to prevent over-booking.

· Interact with court, clients and attorneys on a daily basis.

Skills

· Oral Communication: Ability to communicate effectively with others using the spoken word.

· Organizing, Planning, and Prioritizing Work: The ability to arrange things or actions in a certain order or pattern according to a specific rule or set of rules (e.g., patterns of numbers, letters, words).

· Attention to Detail: Requires being careful about detail and thorough in completing work tasks.

· Time Management: Ability to manage one’s own time and utilize available work time to organize and complete work within given deadlines.

· Adaptability: Ability to adapt to change in the workplace.

· Dependability: Requires being reliable, responsible, dependable, and fulfilling obligations.