Frank Winston

Frank is licensed in New York, New Jersey, Pennsylvania, Connecticut and Texas.  For over 24 years, his primary area of practice has been representing homeowners, commercial property owners and business owners in first party disputes against their insurance carriers when their insurers either deny coverage or refuse to pay the full amount owed on a claim.

Frank’s practice also extends to holding insurance brokers accountable when they fail to write the appropriate coverage for their insureds, as well as tortfeasors who may have caused his clients property damage.  He has lectured on issues involving first party coverage before associations such as the New York Trial Lawyers Association, New Jersey Attorneys for Justice, National Association of Public Insurance Adjusters, the Professional Property Adjusters Association of New Jersey and Harris Martin.

Outside of insurance coverage, his practice involves representing individuals who have suffered significant bodily injury in construction, motor vehicle accidents, and due to medical malpractice.  Frank’s reported verdicts and settlements include a $2,575,000 verdict in 2004 in a medical malpractice action encaptioned “Richard and Janet Leyda v. Praheen Mehta, M.D., et al”, in Supreme Court, Onondaga County; a $2,188,952 settlement in 2013 of an action involving adjacent construction negligence encaptioned “Wales Cluster v. Seneca Insurance Co., et al” in Supreme Court, Bronx County; and a $1,675,000 settlement in 2016 of an action involving negligence in the installation of solar panels  “Fantastic Industries v. ACE Insurance Co., et al” in Superior Court, Middlesex County.

His more recent settlements of note include a $875,000 settlement in 2016 of a personal injury action arising from a pedestrian knockdown of a 61 year old woman, a $1,750,000 settlement in 2016 of a first party insurance action involving Superstorm Sandy damage to a printing facility in Carlstadt, New Jersey, and a $900,000 settlement in 2017 of a third party property damage action involving water leaking from above into a high end apartment on Manhattan’s upper east side.

Frank’s achievements have been recognized by SuperLawyers, who honored him as a 2017 and 2018 selectee.

Education

  • New York Law School; New York, New York; Juris Doctor, 1993
  • SUNY Albany; Albany, New York; B.A., Political Science, 1989

Bar Admissions

  • State Bar
    • New York, 1994
    • New Jersey, 2004
    • Pennsylvania, 2012
    • Connecticut, 2017
    • Texas , 2018
  • U.S. District Court
    • Southern District of New York, 1994
    • Eastern District of New York, 1997
    • District of New Jersey, 2004
    • Middle District of Pennsylvania, 2014
    • District of Connecticut, 2017
    • Southern District of Texas, 2018

Practice/Specialty Areas

  • First-party property insurance coverage actions
  • Disability insurance actions
  • Declaratory judgment actions involving general liability insurance policies
  • Property damage actions arising from negligence and adjacent construction
  • Personal injury actions arising from construction, motor vehicle, medical malpractice and premises liability

Publications/Speaking Engagements

The Ensuing Loss clause to first party property insurance policies – cases that defined the line, NAPIA, 2017

  • This lecture focused on the history and purpose of the ensuing loss clause to first party property insurance policies.  The lecture focused on seminal cases addressing the clause, along with its application in the aftermath of catastrophic storm claims arising from Hurricane Harvey and Hurricane Irma.

First Party Pollution and Contamination Clean Up Coverage, First Party Claims Conference (FPCC), 2017

  • This lecture was given to a national group of property insurance adjusters, and focused on Pollution and Contamination Clean Up Coverage.  Particular empahasis was placed on cases that interpreted the “Absolute Pollution Exclusion” to first party property and third party liability cases, including the seminal case of “The Villa Los Alamos Homeowners Ass’n v. State Farm General Insurance Co.”,

Broker’s Obligations to Ascertain Appropriate Coverage in New Jersey, Professional Property Adjusters Association Of New Jersey, 2017

  • This lecture was given to advise New Jersey Property Insurance Adjusters of a licensed insurance brokers obligations to procure appropriate coverage in New Jersey.  It particularly focused on the brokers duties to the insured, what the brokers standard of care is, particular scenarios where the broker has been held to be negligent, and discussed at length the seminal cases of Rider v. Lynch, 42 N.J. 465 (1964), ARC Family v. Ralph Parnes Assoc., 2008 N.J.Super.Unpubl.LEXIS 1910 (App.Div. 2008) and Aden v. Fortsh, 169 N.J. 64 (2001).,

Power of the Proof of Loss, ABA, Property Insurance Law Section, 2017

  • This lecture focused on issues that arise when a proof of loss is demanded or filed in conjunction with a first party property insurance claim.  Issues discussed include timing of the proof, whether a proper demand has been made, whether demand for proof of loss has been waived, fraud issues that may arise, and under what circumstances payment can be compelled by the filing of the proof.

Option to Repair or Replace, NAPIA – FPCC, 2016

  • This lecture focused on the issues arising from an insurance carrier’s invoking its option to repair damaged property during a first party insurance claim.  Issues discussed include timeliness in invoking the option, who may conduct repairs, under what circumstances may the insured demand replacement and under what circumstances the insured could demand that the insurer replace undamaged property to match repaired/replaced property.

Condos, Co-ops and Leased Premises, Oh My., NAPIA – FPCC, 2015

  • This lecture focused on the various issues that arise in first party insurance claims involving condominiums, co-ops & leased premises.  Topics included the particular types of insurance coverage afforded, the importance of first gathering the prorpeitary lease and by-laws before making any coverage arguments, typical lease provisisions regarding obligations to repair and the ownership of improvements and betterments, relevant case law, and a case study.

Conducting discovery on a bad faith claim, ABA – Property Insurance Law Section, 2015

  • This seminar involved a hypothetical bad faith case and setting it up from fact finding, to framing pleadings, and through discovery, trial and appeal.  My lecture involved strategies to develop the insurance carrier’s bad faith conduct through the discovery process.

Use of Experts in the Evaluation of Superstorm Sandy Claims, NAPIA – FPCC, 2014

  • This was a lecture given to public adjusters and insurance attorneys educating them on laying a proper predicate throughout their handling of a case so their experts opinion would be admissible at time of trial.  Topics discussed included typical policy language, flood exclusions, methods to identify wind damage, and case law discussing under what circumstances the experts opinion is admissible.

Flood Exclusions in the Aftermath of Superstorm Sandy, Harris Martin, 2014

  • This was a lecture given before Harris Martin to counsel as to fundamentals of representing insureds in the aftermath of Superstorm Sandy.  The lecture covered such topics as dealing with the immediate aftermath of the storm, finding policies, typical special form coverage, common law rules regarding policy interpretation in New York and New Jersey, anti-concurrent causation language upheld in both states, how to prove causation in light of anti-concurrent causation language, methods of establishing wind damage, use of experts, and the lawyers role for ensuring the expert’s opinion is sufficiently founded to avoid preclusion.

Harris Martin Superstorm Sandy Conference, New York City, June 2013

  • Finding Coverage for Superstorm Sandy Claims – A Primer for the Policyholder’s Attorney

Flood v. Wind, Coverage Issues following Superstorm Sandy, Harris Martin, 2013

  • This was a lecture hosted by Harris Martin designed to educate practitioners who do not focus on insurance coverage disputes the fundamentals of representing insureds following Superstorm Sandy.  Covered topics included NFIP policies, the general flood exclusion to private policies, whether storm surge is excluded, Katrina cases discussed as a guide to how Courts might rule on Sandy cases, whether wind driven water is excluded under typical private policies, New York and New Jersey case law on causation issues, anti-concurrent causation and how it applies to a coverage anaylsis, and cases in New York and New Jersey addressing anti-concurrent causation on storm cases.

Handling Superstorm Sandy Claims, NJAJ, 2012

  • This was a lecture given at the request of NJAJ following Superstorm Sandy to assist practitioners who did not speclialize in insurance coverage to represent their clients who may have suffered storm damage.

Handling Superstorm Sandy Flood Claims, NYSTLA, 2012

  • This was a lecture given at the request of NYSTLA in the immediate aftermath of Superstorm Sandy to assist attorneys whose focus is not insurance coverage matters to best represent their clients who had suffered damage.

Organizations/Affiliations

  • New York State Trial Lawyers Association
  • New Jersey Association for Justice (NJAJ)
  • Monmouth County Lawyers Association