Case Examples

 
 

Samples of cases that we have been involved with and the issues that were addressed are described below:

 

 

Type of Case	Issue(s)
Business Interruption:	Could the insured have mitigated their losses (by incurring extra expenses). What was the expected revenue of the business in the twelve-month period from the date of the loss. Was the claimant under-insured with respect to its co-insurance requirements.
Subrogated Loss:	What were the actual losses of the insured, where the insurer paid a fixed amount for each day that the insured’s production was impacted by the insured event.
Personal Injury - tort:	What was the "real" income of the business.
Personal Injury - no-fault:	Was the claimant actually employed in the family business.
Products Liability:	When should the defect have been discovered (inventory system). Did management take the appropriate steps to mitigate their losses.
Breach of Contract:	Did the plaintiff have the production capacity to fill the contract. What efforts were made to fill the "excess" production capacity of the plaintiff.
Partner/Shareholder Disputes:	What financial benefits did one partner "obtain" over that of the other partner. Were the transactions "hidden" or in "plain sight".
Matrimonial Matters:	What was the "real" income of the spouse. What was the impact of inter-company transactions on the profit of the companies. Could certain assets be traced in order to obtain an exclusion from the net family property equalization calculation.
Construction Delay Claims:	How did the delay impact the lease-up of an office tower (working with leasing experts to determine financial impact of changes in the marketplace). Did the plaintiff (land developer) have the resources to complete the subject contract as well as the contracts that it actually did perform during the delay period.
Tax Evasion:	Were there other reasons why the transactions were recorded in the manner that they were. Could there have been a "better" way to record the transactions in order to truly avoid detection.
Arson:	Did the owner benefit from the destruction of the business. What was the "cash-flow" prior to the event. What transferrable skills did the owner have. What could the business have been sold for. Could the building have been rebuilt from the proceeds of the insurance claim given the changes in the construction code and building bylaws. Was the business interruption coverage adequate.
Murder:	"Micro" and "macro" examination of the financial history of the accused to assist in determining if there was a financial motive for the crime.