First-party property damage can occur as a result of a wide variety of circumstances including negligence and natural disasters, and can affect commercial and residential properties, hotels and restaurants, and health care facilities. Property damage is also a common occurrence at construction sites, especially in urban areas like New York City where building density often results in adjacent-site construction damage. Adjacent-site construction damage is considered a form of “first-party” and “third-party” property damage. In general, responsibility for any damage that is shown to be a result of adjacent-site construction falls upon the party performing the construction – the “at-fault” party.


First-party insurance claim litigation becomes a necessity when insurance companies deny a claim. Policy language is often vague and confusing and it can be quite difficult to determine the extent of the benefits that you as the policyholder are entitled to. Understanding the provisions of your insurance policy oftentimes requires experienced and knowledgeable attorneys who can help you – especially when you’re already dealing with the trauma and stress of property damage and business loss.


The experienced and dedicated team at LAW will take the time to fully review the terms of your insurance policy; including the impact of any anti-concurrent clauses, and learn all aspects of your case in order to assess any initial settlement offered by the insurance company. More often than not, insurance companies initially offer settlements far below what is deserved and necessary to recover from property damage and resultant business losses. For this reason, we strive to protect your rights to receive the highest possible compensation and will tenaciously represent you and advocate on your behalf.


LAW partner, Johnathan Lerner, has seventeen years of proven experience with first-party insurance litigation, successfully attaining multi-million dollar verdicts/settlements on behalf of his clients. During the course of his twenty-year career, LAW partner Frank Winston’s expertise has evolved into a hybrid practice focusing on the needs of first-party claimants and personal injury claimants. He has successfully attained verdicts and settlements, in excess of $1 million dollars, within these practice areas. Both partners’ vast knowledge and experience regarding first-party property damage issues make them highly-sought after speakers on the topic.


If you have suffered a property damage loss make sure that you seek immediate medical attention if necessary, notify the proper authorities, contact your insurance company, and reach out to the dedicated team of Lerner, Arnold & Winston, LLP as soon as it is convenient.