• Defending
    the
    Carrier

First Party Defense

Falk Waas represents residential and commercial property insurers in defending claims and suits brought by their policyholders and insureds alleging breach of contract for denying covered claims or that the benefits paid were insufficient and not in accordance with the terms of the policy.

We also handle and defend Assignment of Benefit claims and suits brought by mitigation, restoration, mold remediation and general contractors against our clients.

In all scenarios, we respond to statutory civil remedy notices filed with the Department of Financial Services and defend any corresponding suit for “bad faith” for extra-contractual damages. You can count on our attorneys to use their expertise to deliver successful outcomes.

Collectively, our attorneys leverage their decades of experience across various practice areas to strategically deliver the best results for our clients.

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Representative Cases

Motion to dismiss granted in false arrest claim

Represented a vehicle leasing company in an alleged false arrest and breach of contract matter. The Plaintiff alleged that he was falsely detained by authorities after our client reported the vehicle in which the Plaintiff was operating as stolen. The Plaintiff claimed to be the lawful lessor of the vehicle at the time of the arrest. We filed a Motion to Dismiss the Plaintiff’s Complaint with Prejudice after the Plaintiff failed to attach any documents or evidence showing that he was the lawful lessor at the time of arrest. After several hearings and motions, our motion was granted the Plaintiff’s claim was dismissed in the initial pleading stages with prejudice.

Successful defense in water damage claim

Represented homeowners Insurer for roof leak and interior water damage claims. We were able to have Plaintiff’s counsel pursue a liability case against their insured’s seller for failure to disclose roof defects as is required under the real estate law.  Plaintiff secured favorable results in the liability claim resulting in dismissal with prejudice of our client – insurer. 

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