The partners and staff of Wilkofsky, Friedman, Karel & Cummins have won unprecedented property damage verdicts in the millions of dollars and are responsible for numerous landmark decisions which have enhanced the rights of consumers in confronting insurance company misconduct. This history of success has served our clients well. We have regularly won compensation for the losses, damage and pain they have suffered. We take great pride in the contributions we have made to improving our clients’ lives. We are proud as well of the positive influence we have had on the insurance industry.
Jonathan J. Wilkofsky is our founding and managing partner. He has been litigating insurance coverage and property damage claims for over 33 years. He has represented victims of catastrophes occurring all over the world including the“Monrovia Fires” in West Africa as well as one of the largest gas pipeline explosions in the country in the“Hellgate” case, which lead to a multi- million dollar settlement during trial. Mr. Wilkofsky, who has yet to lose a jury verdict, has represented several thousand victims of insurance company misconduct.
Mr. Wilkofsky was lead counsel in the matter of Riordan v. Nationwide Mutual Fire Insurance Company. That case, tried before the Chief Judge of the Southern District of New York and argued before the Second Circuit Court of Appeals, was the first case in the history of the State of New York where an insured successfully prevailed against an insurance carrier for attorneys’ fees and punitive damages for deceptive acts and practices.
Additionally, Mr. Wilkofsky was lead trial counsel in Newark Center Building Co. adv. Atlas Assurance Company, which represents one of the largest property damage verdicts in New York Supreme Court history at 12.6 million dollars. The case involved the asbestos contamination and resulting abandonment of the former New Jersey state office building in Newark, New Jersey.
Mr. Wilkofsky won a verdict in excess of $1 million against Allstate Insurance Company for damage caused to a home by a supersonic Concorde aircraft taking off from JFK. The trial involved the testimony of six engineers and required proof that sonic energy had cracked a steel and concrete waterfront home from more than three miles away.
Mr. Wilkofsky has been the Executive Director and General Counsel of the New York Public Adjusters Association since 1994 and the New Jersey Public Adjusters Association since its founding in 2005.
Mr. Wilkofsky has also drafted insurance related legislation and insurance regulations to better protect the consumer. In 2014 Governor Cuomo signed into law legislation proposed and championed by Mr. Wilkofsky which clarifies that scope of loss is appraisable
in New York. This legislation will significantly benefit generations of insurance consumers. In 2010, Governor Paterson signed a bill drafted by Mr. Wilkofsky creating an expedited special proceeding to enforce the insurance policy’s appraisal provision. He has also drafted and spearheaded the passage of legislation requiring language to be added to every property policy issued in New York which mandates the insurance company to share their experts’ reports upon demand by the insured. (Insurance Law §3407(a)). The bill was signed into law by Gov. Pataki on September 15, 2001. Mr. Wilkofsky drafted and lobbied for the passage of a law requiring minimum standards and mandatory continuing education for insurance adjusters which passed the legislature and was signed by Gov. Pataki in 1998.
He has lectured for the New York State Bar Association on the subject of trial tactics, and has spoken on the subjects of“The Appraisal Process” and the role of the public adjuster in the adjustment process and the Insurance Laws and Regulations of New York. He is also the author of the legal treatise, The Law and Procedure of Insurance Appraisal for which he received the 2004 Cordish Writing Award from the National Association of Public Insurance Adjusters. The Third Edition is scheduled for publication in 2015. In December, 2007 Mr. Wilkofsky was named Person of the Year by the National Association of Public Insurance Adjusters.
In 2013 and 2014, Mr. Wilkofsky ws named to the Superlawyers’ annual list of top attorneys and was also listed in the top 100 trial lawyers by the National Trial Lawyers Association.
Among the leading voices for consumers in the aftermath of Superstorm Sandy, Mr. Wilkofsky was invited to testify on behalf of consumers at the legislative hearings investigating the insurance industry’s response to the storm and at the roundtables held by the New York State Assembly Insurance Committee thereafter.
MARK L. FRIEDMAN
As senior trial partner, Mark Friedman has been litigating insurance-related cases for over 35 years. During this time, he has successfully protected policyholders against false claims of arson and fraud in hundreds of jury trials in state and federal court. He has also assisted countless disabled individuals in obtaining disability benefits which were wrongfully withheld by insurance carriers, including UnumProvident and Paul Revere. As an outgrowth of this practice, Mr. Friedman also pursues class actions against insurance carriers for widespread abuses against the public at large. He was lead counsel in a novel class action where
State Farm was found to have improperly withheld “profit and overhead” in their payment of policyholders’ losses, depriving countless insureds of benefits which they paid for when they purchased their policies. He is currently lead counsel in a class action against Tri-State Consumers Insurance Company for unethical claims abuses involving its policyholders. Mr. Friedman has also successfully represented the New York State Public Adjusters Association in lawsuits and appeals on vital issues ranging from insurers’ improper attempts at expanding policy exclusions and definitions and limiting consequential damages to the carriers’ efforts at refusing payment to innocent co-insureds. In 2013, he was also successful in having the Court of Appeals expand the contractual limitations period beyond 2 years in situations where it is impossible for a policyholder to complete repairs in that period. Executive Plaza v. Peerless Ins. Co.
In 2008, Mark authored the winning appellate brief on behalf of the consumer’s perspective in the landmark case of Bi-Economy Market, Inc. v. Harleysville Ins. Co. In that case, New York’s highest court upheld the right of policyholders to have their insurance companies investigate claims fairly, promptly and in good faith. When an insured suffers additional damages as a result of a carrier’s excessive delay or improper denial, insurers are now responsible for those consequential damages.
Mark Friedman has been involved as trial counsel in several multi-million dollar verdicts and decisions and has obtained hard-fought awards of punitive damages in several of them. His experience transcends trial advocacy to include appeals where he has authored and argued numerous appeals both for individual causes and on behalf of Amicus Curiae in insurance- related cases on behalf of the policyholder. He is also involved in North Carolina, Louisiana and Florida in an ongoing effort to protect policyholders’ rights arising out of hurricane and flood losses in those states. He is currently handling several multi-million dollar cases on Long Island arising out of Superstorm Sandy. Mr. Friedman is a graduate of Brooklyn Law School and began his career in criminal law providing the rich underpinning of his present practice.
DAVID B. KAREL
David Karel began his career as a Senior Assistant District Attorney in the Economic Crimes and Arson Bureau of the Office of the District Attorney of Kings County. As senior trial partner with WFK&C this hardworking and insightful attorney has developed expertise in first-party insurance, property damage, and disability insurance matters. In addition, Mr. Karel litigates the firm’s construction matters and economic claims, as well as representing clients in commercial litigation, discrimination and malpractice claims.
Mr. Karel has briefed and argued numerous appeals before many appellate courts including the New York State Court of Appeals and the United States Court of Appeals for the Second Circuit, primarily on insurance and property damage issues. His extensive litigation background includes experience in matters in the States of New York, Connecticut, Pennsylvania, Idaho and Mississippi, and in the Federal Courts.
David Karel has represented numerous building owners, co-ops and condominium boards, and their owners/lessees, protecting their interests including insurance and licensing agreements. Mr. Karel has lectured on behalf of The New York State Bar Association, the New York Public Adjusters Association, and the National Association of Public Insurance Adjusters. He has written and lectured on the topic of Ethics in Public Adjusting, Condominium and Co-op insurance issues and claims, and first-party mold claims.
Mr. Karel obtained his Juris Doctor from the State University of New York at Buffalo, and obtained an L.L.M. in Taxation from New York University. His background provides our clients with the savvy experience and knowledge needed in today’s world.
HARRY A. CUMMINS
Harry A. Cummins has been litigating first and third-party property cases on behalf of victims for the past 28 years. Mr. Cummins also handles errors and omissions litigation involving insurance brokers. When Hurricane Katrina devastated much of the Gulf Coast, he helped establish the firm’s office in Louisiana and represented clients in that region who have suffered catastrophic losses.
Mr. Cummins represents a number of residential and commercial building owners, providing advice on insurance coverage issues as well as handling coverage litigation with their liability insurers with respect to issues of defense and indemnification. Mr. Cummins has briefed and argued numerous appeals in the areas of insurance coverage, property damage and insurance broker liability.
A graduate of the State University of New York at Binghamton and New York Law School, Mr. Cummins is admitted to practice in the state courts of New York and New Jersey, as well as the United States District Courts for the Southern, Eastern and Northern Districts of New York, United States District Court for New Jersey and the Eastern District of Pennsylvania, and oversees the firm’s day to day operations in those states. He is a member of the New York State Bar Association and the New York Trial Lawyers Association.
Mr. Cummins has spoken on insurance related topics at the First Party Claims Conference and for other organizations.
Roman Rabinovich, a senior associate with the firm, focuses his practice on issues involving insurance coverage claims on behalf of policyholders; defense of general liability claims against business and property owners, contractors and insurance industry professionals. Mr. Rabinovich represents coops and condominium boards, as well as individual owners/shareholders in claims against their insurance carriers and tortfeasors. Additionally, Mr. Rabinovich represents clients in matters involving disability and ERISA claims, as well as victims of motor vehicle accidents, trip and
fall and construction site accidents.
Mr. Rabinovich has spoken at town-hall meetings regarding Superstorm Sandy and has appeared on behalf of the consumer perspective at several roundtable meetings held by the Chairman of the New York State Assembly Insurance Committee to address specific insurance issues in the aftermath of Superstorm Sandy.
Mr. Rabinovich received his B.B.A. from Baruch College, magna cum laude, and his J.D. from Brooklyn Law School, where he was the recipient of the prestigious CALI award for Excellence in Legal Writing. Mr. Rabinovich served as a junior law clerk to the Honorable
David Trager of the United States District Court for the Eastern District of New York. He is admitted to practice in all state and federal trial courts in New York and New Jersey, and is a member of the American Bar Association and the New York State Bar Association.
Mr. Rabinovich’s thoughtful and no-nonsense approach to litigation has been well known for many years, as evidenced by his recent selection by SuperLawyers as a NY Metro Rising Star, as well as testimonials from many satisfied clients in New York and New Jersey.
Andrea Jones-D’Auvergne has been a valued member of our staff since 1994. She is a graduate, with honors, from the Technical Career Institute and has a degree in Applied Science and Office Technology. With over 23 years of experience serving our clients and supporting the legal staff, Ms. Jones-D’Auvergne assumed the office manager’s position in 2011 and brings her vast knowledge of court rules, electronic court filing systems, office systems and procedures and office administration to the position. She is also responsible for supervising and managing the firm’s extensive libraries, computer and data management systems, and the physical plant and equipment to support the firm’s day to day operations. Her energy, intellect and empathy have long benefited our clients and staff.
R. RAY ORRILL
R. Ray Orrill, Jr. oversees our Louisiana office and Hurricane Katrina litigation. He is a graduate of Lamar University (B.S., 1969) and received his J.D. in 1972 from Loyola University. He was admitted to the Louisiana bar and U.S. DistrictCourt, Eastern District of Louisiana in 1972, and the U.S. Court of Appeals, Fifth Circuit in 1977; Mr. Orrill is also admitted to the U.S. Supreme Court, and the
Orrill, Cordell & Beary, where Ray is a partner, are class action attorneys with over 40 years experience handling property insurance claims. Ray and the firm also have experience as lead counsel in multiple property insurance class actions as well.
LESLEY E. LITTLE
Lesley E. Little is of counsel to the firm and manages our Texas practice. Les, a lifelong Houston resident, will be leading the firm’s efforts on behalf of victims of Hurricane Harvey. During his 20-year legal career, Lesley Little has represented individuals and organizations in a variety of litigation at the state and federal levels. His case experience includes first-party insurance and coverage litigation, product liability, wrongful death, personal injury and securities litigation. He has been the lead attorney in numerous cases involving multi-million dollar verdicts or settlements. Les is also a member of Buck, Keenon, Gage, Little and Lindley, where he’s protected his client’s interests since 2001.
Prior to joining our partner firm in Houston, Keenan, Gage & Little in 2001, Mr. Little was a shareholder with Little & Baird. He received his Bachelor of Business Administration degree from Southern Methodist University and his Juris Doctor from the University of Houston Law Center. He is a member of the State Bar of Texas Litigation and Insurance sections. Mr. Little is on the Board of Directors for The River Performing and Visual Arts Center and a member of St. Luke’s United Methodist Church. Mr. Little is admitted to the U.S. District Court, Southern District of Texas and U.S. District Court, Eastern District of Texas.
KEVIN A. COLES
Kevin A. Coles is of counsel to the firm and (along with Catherine Creager and David B. Karel) handles our Connecticut cases.
Mr. Coles has concentrated in insurance litigation, personal injury and business litigation. He has focused on property insurance issues for more than twenty years and has frequently represented property owners’ interests in first-party insurance cases and coverage matters relating to property insurance issues. He was lead defense counsel in the L’Ambiance Plaza Disaster Litigation including playing a crucial role in its mediation. He has experience in major complex multi-party litigation, especially in the federal courts. Mr. Coles also has experience in ERISA litigation, declaratory judgment actions, and bad faith actions involving insurance carriers.
Kevin received his B.S.B.A. from Georgetown University in 1970 and his Juris Doctor from the University of Houston in 1974. He has been honored with the order of the Barons – American Jurisprudence Award. He is admitted to practice to the Connecticut State Bar, the United States District Court, District of Connecticut, the U.S. Court of Appeals, Second Circuit and the U.S. Supreme Court. He is a member and former chairman of the Civil Litigation Committee of the Bridgeport Bar Association.
CATHERINE L. CREAGER
Catherine L. Creager is of counsel to the firm and (along with Kevin Coles and David B. Karel) handles our Connecticut cases.
Ms. Creager specializes in civil litigation in the areas of personal injury, property insurance disputes, employment, civil rights, and appellate matters. Prior to becoming an attorney, she served as a consultant providing planning and management services to nonprofits and government agencies.
She received her B.A. at Western Kentucky University in 1983, an M.A. from Carnegie Mellon University in 1989 and her Juris Doctor from Quinnipiac School of Law in 2000. She is admitted to the Connecticut Bar, the United States District Court, District of Connecticut as well as the United States Court of Appeals, Second Circuit.
KEITH A. SELDIN
LESLIE JONES THOMAS
Leslie Jones Thomas was born in Brooklyn, New York. She earned her B.A. in Political Science at Oglethorpe University. At Oglethorpe, Ms. Jones Thomas was a recipient of the Oglethorpe University Merit Scholarship for 4 years and the Leopold Schepp Scholarship for 3 years. She served as the Salutatorian of her class, graduating cum laude with distinction in Political Science & History. Ms. Jones Thomas graduated from Georgetown University Law Center in 1983. During her tenure at Georgetown she served as the Mid-East Regional Secretary of BALSA.
Ms. Jones Thomas began her professional legal career at the Bronx District Attorney’s Office, where she served as an Assistant District Attorney for eight years under District Attorneys, Mario Merola and Robert T. Johnson. During her tenure as a Bronx ADA, she worked on special assignment for Special Narcotics Prosecutor Sterling Johnson prosecuting major drug offenders, violent felons, conducting wiretap and long term investigations on major cases while interfacing with the DEA, Alcohol Tobacco & Firearms and other federal agencies involved in drug and weapons enforcement.
Ms. Jones Thomas has been in private practice for almost 30 years specializing in the areas of federal/state criminal defense, matrimonial, family and civil litigation on behalf of individuals, companies and corporations. She is the past Director of the National Bar Association Region II. In 2013, Ms. Jones Thomas was honored as a top Solo by the NBA Small Firms/Solo Practitioner’s Section. Ms. Jones Thomas was honored for stalwart service to the Metropolitan Black Bar Association. Ms. Jones Thomas is a Past President of the Association of Black Women Attorneys, is an active member of the MBBA, ABA, New York City Bar Association, New York State Bar Association, New York Women’s Bar Association, New York County Lawyers Association, Bronx Black Bar Association, New York Criminal Bar Association and NYS Association of Criminal Defense Attorneys.
DAVID C. INDIANO
David C. Indiano is of counsel to the firm and (along with Jeffrey Williams and their staff) handles our claims arising in Puerto Rico.
David, who grew up on Cleveland’s eastside, attended Miami University as well as the institute of European Studies in Madrid, Spain. He graduated from Miami University with honors in 1976, attending Case Western Reserve School of Law where he served as editor-in-chief of the law school’s Journal of International Law. Dave has been in private practice 37 years and is the founding member of the firm of Indiano & Williams, PSC which he leads to this day. He was inducted as a Fellow of the American College of Trial Lawyers and has served as Puerto Rico’s chair to the College.
Dave was appointed by the Federal Court to the Plaintiffs Steering Committee in the Dupont Plaza Fire litigation case and as editor-in-chief of the award-winning newspaper of the Puerto Rico chapter of the Federal Bar Association for 10 years.
Dave is admitted to practice in the Federal and State Courts of Puerto Rico and Ohio, the First and Third Circuit, as well as the United States Supreme Court.
He will be a strong voice on behalf of Puerto Rico’s victims.
JEFFREY M. WILLIAMS
Jeffrey M. Williams is of counsel to the firm and (along with David Indiano and their staff) handles our claims arising in Puerto Rico.
Jeff was born in Caracas, Venezuela and raised in San Juan, Puerto Rico. He graduated cum laude from the University of Florida, in 1981 and after attending La Sorbonne, he studied law at University of Illinois, Champaign-Urbana where he graduated in 1984.
From 1984-1985, Jeff served as law clerk to Honorable Magistrate Judge Justo Arenas, U.S. District Court for the the District of Puerto Rico and served as law clerk to Honorable Judge Hector M. Laffitte, U.S. District Court for the District of Puerto Rico from 1985 to 1986.
After his clerkships, Jeff was in private practice. During this time, he gained ample trial and appellate court experience. In 1991, he co-founded Indiano & Williams, P.S.C. which has been dedicated to it’s clients interests for 27 years.
Jeff is admitted to practice in the State and Federal Courts of Puerto Rico, the First Circuit and the United States Supreme Court. His dedication, empathy and experience have been an extraordinary benefit to his clients and will be for hurricane victims.
MICHAEL D. BARNES
For more than 18 years, Michael Barnes has served his clients in North Carolina with dedication, skill and compassion. A lifetime member of the Million Dollar Advocates Forum, Mr. Barnes has represented victims of disasters and personal injuries as well as property damage from hurricanes. He has been of counsel handling our claims in North Carolina since Hurricane Isabelle in 2005. He is the principal of the Barnes Law Office, LLC, located in Charlotte, North Carolina.
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