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Buffalo New York Insurance Defense Blog

Defense strategies to wrongful death claims

If the negligence of one party results in the death of another, the family of the victim may file a wrongful death claim. Typically, their goal is to gain compensation for various expenses such as medical bills or funeral costs as well as pain and suffering.

There are many situations where an individual or corporation may face wrongful death claims, such as medical malpractice, car accidents that resulted in a death, and even product defect cases. While it can seem daunting to mount a defense against a claim like this, there are various methods of doing so with success. What are they?

E-scooters open up new challenges in liability and insurance

In the last two years, electric scooters have taken the country by storm. Users have responded to this easily accessible, environmentally friendly form of transportation in droves. However, as the popularity of e-scooters has grown, so have the rates of injuries.

As New York moves closer to legalizing electric scooters, regulators and insurance providers alike are examining issues of liability. Most scooter companies disclaim all liability in their user agreements, but the personal insurance policies held by users may not cover their injuries. What policies will emerge to close the gap?

Driverless cars back on the road: insurance liability concerns

Many remember the disastrous situation that occurred when one of Uber's driverless cars hit and killed an Arizona pedestrian. This fatal incident led to the company's decision to take their cars off populated roads.

Now, Uber is sending their autonomous cars back on the road, and the New York Times reports that the cars are operating at reduced speeds and in safer settings. While the company is attempting to keep pedestrians, as well as the individuals riding behind the wheel, safe this time around, there could still be issues for insurance companies as well as the defense attorneys who represent them.

Potential limo safety reform in New York

Last October, one of the deadliest transportation accidents in U.S. history involved a limousine in upstate New York. A converted 2001 Ford Excursion crashed, killing 20 people including the passengers, the driver and two pedestrians. The vehicle had a history of mechanical problems.

In light of this horrific tragedy, Governor Andrew Cuomo recently announced limo safety reforms. Most of the proposals will likely have to be approved by the state legislature. The reform is taking reign on remanufactured limousines to increase public safety and hold businesses accountable.

Steps To Avoid Premises Liability Claims

Winter is in full force in the Northeast. That means icier sidewalks, parking lots and entry ways. This also means it is a good time for business owners to take a look at their insurance policies. Is it time to expand coverage? Do you really understand what your policy covers in case a patron were to slip-and-fall entering your business? What happens if someone does make a premises liability claim against your business? Asking these questions now rather than later, is just one of the many preventative measures you can take.

3 potential defenses to supplemental underinsured motorist claims

New York does not require drivers to purchase supplemental underinsured motorist (SUM) coverage. However, many drivers still opt for a SUM policy as a safety precaution. Its important benefits can give the driver a chance to recover the full amount of damages in a crisis.

However, as with any policy, there are limits to what an insurer is liable to provide. Individual policies vary, but there are a few conflicts that are common to SUM claims.


Hagelin Spencer is proud to announce the addition of Meg Organek to our shareholder ranks alongside Michael Hagelin and Sean Spencer as of January 1, 2019.

The announcement was made at the recent firm holiday party held at the Theodore Roosevelt Museum. The attached photo shows Meg being presented with a crystal bowl to commemorate her achievement.

What is the statute of limitations on liability claims?

On occasion, companies and their defense attorneys facing liability claims may find that their options for a defense are slim. Contributory negligence may not work in your favor and assumed risk is not an option. But what about the statute of limitations?

What is a statute of limitations and how can one use it as a defense in New York?

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Hagelin Spencer LLC has offices conveniently located in Buffalo, Rochester, Syracuse, and Garden City. While our firm is large enough to have the resources necessary to satisfy even the largest corporate client, our attorneys do not lose sight of the importance of building a strong relationship with everyone we represent.

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