Your Trusted Advocates in Insurance Coverage and Property Damage Litigation

40+ 

Years of Experience

200+ 

Successful Verdicts

5000+ 

Clients Served

Who We Are

     Wilkofsky, Friedman, Karel & Cummins has been in existence since 1987. Our firm concentrates most of its work in the field of first-party insurance litigation and property damage litigation having represented clients in the Federal and State Courts throughout the New York-New Jersey, Connecticut and Pennsylvania metropolitan regions, as well as Florida, Texas, Louisiana, the Carolinas, Mississippi, Michigan, Wisconsin, Kentucky, Oklahoma, Georgia and Puerto Rico.


     The firm specializes in representing victims of disasters such as fires, floods, hurricanes, theft, pipe breaks, damage from adjacent construction, collapse, and other casualties as well as representing those with disabilities and personal injuries, protecting the rights of individuals and businesses with an aggregate of more than 200 years insurance litigation experience. In addition, the firm has personal injury and commercial litigation teams and has successfully litigated claims for grave injuries under the labor law, medical malpractice, toxic tort, legal malpractice, criminal matters and civil rights litigation.

Why Choose Us?

Consumer Rights Advocacy

New York:

Bill 6266-A: Requires continuing education and establishes minimum professional standards for public adjusters to protect insurance consumers.

Bill 842-A: Mandates insurers to provide written damage estimates to insured parties within 30 days, addressing a gap in property insurance policies.

Bill 2088-A: Creates a simplified legal proceeding to enforce insurance policy appraisal provisions efficiently and economically.

Bill AB 9346-A/SB 4756-A: Clarifies that appraisal clauses apply specifically to determining scope, extent, and amount of loss in insurance claims, excluding coverage issues.

Bill 5775: Enhances protections against dishonest public adjusters and contractors by promoting transparency and reducing conflicts of interest.

Reg. 10: State Farm revised its policies to streamline and clarify public adjuster fee payments in New York, ensuring compliance with Regulation 10, eliminating repetitive submissions, and resolving disputes regarding fees on direct-to-vendor payments.

New Jersey:

Public Adjusters’ Licensing Act, 17:22B-13(a): Prohibits public adjusters from soliciting clients between 6 p.m. and 8 a.m. within 24 hours after a loss to prevent consumer harassment and promote professional conduct.

Landmark Decisions

Riordan v. Nationwide Mut. Fire Ins. Co. (2nd Cir. 1992)  First and only case in New York State allowing insured recovery of punitive damages and attorneys’ fees against insurers for bad-faith claim practices.

Lane v. Security Mut. Ins. Co. (N.Y. 2001)  Established protection for innocent insured spouses when another insured intentionally causes fire damage; prohibits insurers from excluding coverage for innocent insureds.

Mazzocki v. State Farm Fire & Cas. Co. (3rd Dept. 2003) Confirmed that "replacement cost" and "actual cash value" claims must include contractor overhead and profit allowances, increasing insured recovery by approximately 20% for multi-trade repairs.

Bi-Economy Market, Inc. v. Harleysville Ins. Co. of N.Y. (N.Y. 2008) Recognized the insured's right to consequential damages resulting from insurer delays in claim payment, particularly for business-loss claims.

Executive Plaza LLC v. Peerless Ins. Co. (N.Y. 2014) Established that insurers cannot enforce two-year suit limitation clauses if full replacement repairs reasonably require more time, effectively protecting policyholders from losing claims due to premature deadlines.

Bechir Louati v. State Farm Fire and Casualty (1st Dept. 2018) Clarified that appraisal awards may include coverage to match undamaged adjacent areas (floor tiles, cabinets, shingles, etc.), restoring uniformity to pre-loss conditions.

Castiblanco v. Allstate Insurance Co. (S.D.N.Y. 2024) Case of first impression, nationally. Clarified that the one-year limitations period to challenge a flood-insurance claim denial under NFIP resets with each separate denial, protecting insureds from piecemeal denials by insurers.

Notable Clients

  • The Hampshire House on Central Park South
  • The Town of Shadow Mountain Oklahoma
  • Coral Realty
  • NYU Downtown Dormitory
  • Barry Jacobson and Joseph P. Day Realty
  • Rihanna’s 2014 Tour
  • Timbaland (record producer, songwriter, and rapper)
  • Blue Ridge Rock Festival
  • Blockfusion USA
  • Owen Smith and Long Island’s Milleridge Inn
  • Lido Beach Towers (“The Pink Lady”)
  • National Bank of New York
  • The Indonesian Mission to the United Nations
  • Loehmann’s
  • Adolfo
  • Peter Kalikow
  • Kikit
  • Jordache
  • San Giorgio
  • Barthman’s Jewelry
  • The Guggenheim Trust
  • Cliftex, Inc.
  • Village of Rockville Centre
  • Waste Management of New York
  • Churchill Furniture
  • Trump Organizaion
  • Donovan Data Systems
  • Ginori China
  • Isabelle Borgotta (artist)
  • James Rizzi (artist)
  • Virginia Jaramillo (artist)
  • Tuv Taam Corp.
  • Central Amusement International (Luna Park, Coney Island)
  • United States Small Business Administration
  • The Macklowe Organization
  • The Durst Organization
  • Levites Realty Corp.
  • Heller Realty
  • Residential Management
  • Roma Furniture
  • Citizens Against Unfair Insurance Practices
  • GMAC
  • Homecoming Financial Network
  • Pearl Artist and Craft Supply Corp
  • Sikh Cultural Society
  • Thurcon Properties, Ltd.
  • Susan Magrino Agency, Inc.
  • Riviera Caterers, LLC
  • Philips International
  • Oceana Condominums
  • New York Public Adjusters Association
  • New Jersey Public Adjusters Association

 

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