Practice Areas

Insurance Coverage

Woolls Peer Dollinger & Scher provides thorough, efficient and timely analysis of coverage issues. We regularly advise clients on issues relating to first party property, general liability, directors and officers, employer’s liability, professional liability, marine and fidelity policies, and reinsurance contracts. Our attorneys have decades of experience addressing such complex matters as environmental, toxic tort, wrongful discharge, advertising injury and special investigation - property claims. A substantial part of our practice is devoted to analyzing first and third party coverage for construction defect claims. We represent major commercial insurers of developers, general contractors and subcontractors in a variety of trades and on both commercial and residential projects. Our breadth of experience in this and other areas allows us to accurately assess exposure and likelihood of insurance recovery at the outset of a claim.

Our attorneys have successfully undertaken major litigation challenges in state and federal courts, at trial and appellate levels, and before administrative and ADR tribunals. As litigators, we have experience with all available procedures, including obtaining and resisting provisional remedies, coordinating with large defense groups, conducting bench and jury trials, enforcing judgments and briefing and arguing appeals. We pride ourselves on our ability to achieve successful results at minimum expense to our clients through an early comprehensive analysis and formation of detailed strategic plans.

Our claim handling assistance includes the preparation of opinion letters, the conduct of examinations-under- oath, the retention of private investigators and scientific consultants, the negotiation of cost-sharing agreements, and the development of strategies for the proper and efficient disposition of claims and the pursuit of subrogation opportunities. From time-to-time, we also provide advice and assistance in drafting policy forms and specialized endorsements.

Commercial Litigation

Woolls Peer Dollinger & Scher senior litigators are experienced in all facets of civil litigation, including trial and appellate practice in state and federal courts, mediation and arbitration. The firm’s litigation practice includes representation in the areas of commercial disputes, real estate, construction, asset management, lending, title insurance and creditor bankruptcy. Typical matters include actions related to the management and recovery of real estate and personal property, partner and member disputes, mechanic’s liens, quiet title actions, easement disputes, foreclosure actions, architect and developer liability, construction defect, lease and tenant disputes, broker and agent liability, and escrow liability.

Woolls Peer Dollinger & Scher encourages alternatives to the judicial system for dispute resolution in the business context. We have extensive experience in arbitration and mediation. We routinely handle arbitrations under the auspices of the American Arbitration Association and JAMS/Endispute.

Bad Faith

The firm defends clients against charges of breach of the implied covenant of good faith and fair dealing and violation of claim handling statutes in the processing of both first and third party claims. We have had significant success disposing of “bad faith” claims through summary judgment and through creative negotiations with plaintiffs’ counsel. We also have considerable success in defending bad faith claims against our clients through trial. Our experience in bad faith litigation includes claims under all types of property and liability policies.

We are members of

Environmental

Our attorneys have been active since the early 1980's in the defense of environmental coverage declaratory judgment actions. Many of the cases have been precedent-setting. Some have been decades-long, multi- party and multi-site cases that have presented major case management challenges such as the coordination of teams of lawyers, the development of discovery and issue resolution strategies, the handling of massive document productions and deposition libraries, the retention and direction of technical experts, and the planning and conduct of large-scale trials.

Construction Defect

Our attorneys have many years’ experience representing insurers of owners, developers, general contractors and subcontractors in construction defect litigation. We have special expertise in additional insured litigation, allocation among insurers and have extensive experience in coverage litigation relating to construction activities. We also represent insureds and self-insureds in the defense of construction defect claims. Woolls & Peer represents insurers in the defense of actions seeking recovery under other coverages, including first-party property policies (e.g., earthquake, fire, theft and marine losses), advertising injury policies (e.g., patent and trademark infringement claims), employer’s liability policies and banker’s blanket bonds.

Subrogation

On behalf of insurers and insureds, we pursue subrogation and contribution claims from tort-feasors, indemnitors, and non-participating co-insurers. Representative actions have been founded on theories of products liability, bailee liability, commercial carrier liability, and equitable indemnity and contribution.

Personal Injury

Woolls Peer Dollinger & Scher lawyers are involved in litigation of complex personal injury actions. Our attorneys represent both plaintiffs or defendants in a wide variety of complex actions involving injury to person and property. We take pride in our ability to position cases for appropriate pretrial resolution where possible. Our ability to obtain favorable settlements for our clients results largely from the skill of our attorneys at trial of such actions, when favorable settlements are not reached.