Bowitch & Coffey, LLC was established in June 2012 and brings almost 50 years of legal experience to its clients. Bowitch & Coffey provides legal advice and litigation services to a variety of businesses, insurance companies, municipalities and non-profit organizations.Read More
Our attorneys are admitted in all courts in New York State, all federal district and appellate courts within New York State, and the U.S. Supreme Court. We have represented a variety of businesses and individuals in a variety of civil litigation matters, ranging from small claims courts to New York’s Court of Appeals.Read More
Bowitch & Coffey provides counsel to municipalities on compliance with General Municipal Law, Public Officers Law and other laws. The firm advises municipalities on contaminated tax-delinquent properties; has represented municipalities in defense of third party claims; and has prosecuted subrogation claims for municipal clients.Read More
Coffey Speaks at NYS Bar Conference
On May 29, 2015, Dan Coffey spoke at the New York State Bar Association Continuing Legal Education Conference: “Insurance Coverage Update: Important Considerations and Emerging Issues When Coverage Is Disputed and Litigated".
Carrier Must Produce Its Underwriting File in Subro Litigation
Our last two newsletters discussed a Travelers Insurance subrogation action, involving an allegedly defective Daimler truck which caused a fire.  This month, we’ll talk about a third issue which the Court dealt with in that litigation.
Daimler demanded that Travelers turn over its underwriting file. An “underwriting file” is different from a “claims file.” When a new customer applies for insurance, he/she usually submits an application. The carrier may or may not obtain an inspection report and photographs of the property to be insured. The carrier then decides whether or not it wants to insure the risk. The material generated during this period is considered to be the “underwriting file,” although in my experience most carriers don’t actually maintain a written “file” in a file drawer. Today, most records are electronically-stored, including the insured’s application.