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Practice Overview Martin Clearwater & Bell LLP recognizes that the defense of another professional is a sensitive matter. MCB has extensive experience serving as counsel to other professionals, including attorneys, accountants, architects, engineers, officers and directors and insurance professionals. The Firm acts as trial counsel in both Federal and State courts, and also manages all of the related appellate practice. Accountants
MCB has defended Certified Public Accountants in areas involving tax preparation, audit, financial reporting and financial consulting in the real estate, computer software, financial securities, and music industries.
Attorneys
In its representation of law firms, MCB understands that the law firm must be comfortable that it understands the substantive issues involved. The firm has defended attorneys in areas involving litigation strategy; commercial transactions; securities and debt financing; initial public offerings; corporate governance; criminal law; domestic relations; real estate, including mortgage financing, and real estate investment trust. The Firm has also defended attorneys in actions in areas of municipal government, including zoning and taxation. The Firm frequently consults with our professional liability insurance carriers regarding pre-claim investigation and coverage issues. The Firm also represents attorneys in matters pending before the four Departmental Disciplinary Committees in New York. Architects
Matters handled by the Firm on behalf of architects range from design controversies, supervision of construction issues to contract disputes. The Firm has interpreted the American Institute of Architects' form contracts in favor of architects and engineers and defined the scope of liability for design professionals in construction accident cases. Errors and Omissions & Directors/Officers Liability
MCB also provides many diverse services to clients in the area of Errors and Omissions and Directors and Officers Liability. The Firm has represented life insurance company agents and field underwriters in cases involving allegations of insurance fraud and misrepresentation and pension fraud pursued by both the Plan trustees and the United States Government, i.e., the Pension Benefit Guaranty Corporation. As an example, in a case brought by the Pension Benefit Guaranty Corporation in the Southern District of New York, we successfully defended insurance agents who were alleged to have breached their fiduciary duties under ERISA to the Plan resulting in harm to the Plan beneficiaries. The Firm has additionally defended individual life insurance agents and field underwriters in cases brought by the Plan against the agent for breach of fiduciary duty under ERISA. We have provided similar type defenses to individual agents accused by the policyholder of fraud, misrepresentation, churning and/or non-suitability of product claims. MCB provides legal services to the legal departments of corporations and insurance companies who are defending large exposure punitive damage litigation, based on allegations of alleged fraud and misrepresentation by the company and/or its sales force with respect to a variety of products including whole life insurance, straight and variable universal life insurance, and annuities. We have reviewed large volumes of policyholder and agent related files for the purpose of drafting reports and analyzing the strengths and weakness of life insurance company’s policy holder complaints and lawsuits involving allegations of fraud and misrepresentation in the sale of life insurance, annuities and other securities products. Furthermore, the Firm has experience providing in-depth analysis of policyholder complaints and law suits filed in states for period of five to ten years. These reviews were done for the purpose of responding to discovery demands in pending lawsuits. In a similar vein, we have reviewed thousands of application files to determine whether they met the guidelines set down by a particular Court for production in a pending lawsuit involving claims against the life insurance company and/or its sales force.
For further information, please contact Michael A. Sonkin, Managing Partner
Attorneys Peter T. Crean
Bruce G. Habian
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