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Title Insurance Claims Group

Adam Leitman Bailey, P.C. offers substantial depth of experience in title insurance defense, combining proven legal and practical expertise, responsive communications with claims counsel, and litigation cost control.


Title companies utilize the firm’s services because it gets cost-effective results. Many of the firm’s cases never make it past the complaint and lis pendens filing. The firm’s senior attorneys are trained in investigation and fraud detection. All of the firm’s attorneys are experienced in solving cases in and out of the courtroom. Adam Leitman Bailey, P.C. understands fraud and corruption in both novel and repeating circumstances, enabling it to perform quick evaluations and move cases rapidly toward resolution. Many of the firm’s attorneys have governmental service experience and understand the usefulness of government assistance and methods. The firm has sophisticated technological and investigative resources that it uses regularly in all phases of the litigation. The Adam Leitman Bailey, P.C. Litigation Group has compiled a success record that is unparalleled. Besides an admirable record in title litigation cases, the firm is one of New York’s premier real estate litigation firms. Adam Leitman Bailey, P.C. has participated in and prevailed in some of the most important real estate cases of the past decade, as reflected in numerous published and unpublished decisions on novel legal issues. The firm’s attorneys’ impressive success record in hundreds of trials places the firm’s performance among the very best in the profession. These successes have led to Adam Leitman Bailey, P.C.’s recognition as one of the leading real estate litigation firms in New York, earning it a Martindale-Hubbell AV® rating and Super Lawyers ranking.

Claims Counsel/Litigation Counsel/Foreclosure Counsel Team

The firm’s philosophy and practice is based on a “Claims Counsel/Litigation Counsel Team” concept. It has frequent scheduled and unscheduled communication among our Claims Counsel, Foreclosure Counsel, and clients, in order to more closely integrate its efforts toward the appropriate resolution of a given litigated matter.


To the extent possible, for informal communication, Adam Leitman Bailey, P.C. relies on electronic mail and telephone correspondence. Barring unforeseen circumstances, the firm responds to every inquiry within one working day, even if its immediate response is that research and/or investigation is needed to more fully address the problem or inquiry presented. Reports are prepared at intervals under the insurer’s guidelines, but always include at least an initial intake report giving a preliminary evaluation, a litigation plan report outlining a proposed plan for progress in the litigation, and interim reports periodically and upon all major happenings in the action. Should the case reach trial, a pre-trial report is submitted about ninety days before trial, which outlines the practical, factual, and legal strengths and weaknesses of the case.

In accordance with the ethical standards governing attorney conduct, and in order to prevent delay, the firm makes intermediate tactical decisions, giving primary consideration to the interests of its client, your insured. However, the firm always give primacy to the right of the carrier to determine goals, to the extent of its policy interest, in any given litigation.

Cost Control Methods

Adam Leitman Bailey, P.C. strenuously controls litigation costs within the strictures of providing the highest quality service. The firm does this by front-loading the investigative/evaluative process, evaluating the pluses and minuses of motion practice to practical advantage, under intensive senior staff supervision, and practically evaluating which cases should be tried and which resolved through Alternative Dispute Resolution or settlement.

The firm believes that intensive investigation, both judicial and extra-judicial, at the start of the case, allows it to more accurately advise the assigned claims counsel of the most reasonable course of action to employ. The firm is also able to identify high-risk and spurious cases through preliminary investigations. Most insurance claim cases settle by differentiating between the authentic claims and the unsubstantiated or fraudulent claims early on in the process. In doing so, the firm is able to advise claims counsel whether a speedy and economically sound resolution of the meritorious cases is appropriate. Further investigative efforts allow the firm to either prepare the case for trial or decide, in conjunction with claims counsel, whether some other determination is appropriate.

To the extent possible, the firm tries to avoid discovery motions, as it has been its experience that most discovery issues can be resolved either informally between the lawyers or by conference with the court. In those cases that cannot be resolved before a note of issue is filed, the firm evaluates the case for summary judgment purposes and make a recommendation to claims counsel. Summary judgment motions are only made if there is some reasonable chance of success.

The firm does its utmost to utilize the strengths of its lawyers: generally, contested courtroom proceedings and motion writing will be staffed by one of the senior lawyers, whereas most pro forma proceedings, paper discovery, and legal research will be done by an associate. The firm’s associates and paralegals are under the immediate supervision of the assigned senior attorney, who is responsible for the quality of their work. Adam Leitman Bailey, P.C. recognizes throughout the litigation process that, although some cases have to be tried (fraud, no liability, grossly inflated damages), most cases can and should be negotiated to resolution. The firm works with claims counsel and foreclosure counsel to reach a resolution as soon and as favorably as possible. If a case is required to be tried, it is tried by one of the senior lawyers.

Throughout the entire process, senior staff keeps its eyes trained on the goals of achieving maximum result at minimum cost.


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