Tim Capowski

Partner

Tim has spent 25-plus years at the forefront of the insurance defense bar.  He has been in the trenches for some of the biggest and nastiest claims in the history of the toughest legal market in the world.  But Tim’s no observer – he’s a pioneer.  As the leader of CMOC’s Litigation/Appellate Strategy & Advocacy Group, Tim brings his hard-won know-how to bear fighting for defendants everywhere against the coordinated strategic attacks of the plaintiffs’ bar, shaping strategies to identify, evaluate, monitor, mitigate and defend defendants’ risk in catastrophic property and casualty matters of every kind.

 

Overview And Experience

Tim and his team take the lead in a wide range of critical strategic fields:

Litigation Strategy: National Practice & Early Intervention Programs.  

Tim and his group focus much of their time on litigation strategy and early intervention: they help clients and their counsel evaluate legal issues and liability exposure, then to prepare and implement tactics and arguments to win, survive, or weaponize summary judgment – and future appeals.  They advise throughout the lifespan of a matter, from pre-complaint analysis to post-verdict motions and appeals, to best position clients for optimal results.  The industry recognizes Tim and his team as the last word on all aspects of New York’s unique damages landscape and, because of this, routinely calls them in to provide formal and informal damages evaluations by excess carriers to set reserves and negotiate the risk.  Clients also routinely call upon them to confront novel, thorny and high-exposure national issues, and they can be found consulting, assisting and monitoring in many state and federal jurisdictions.

Trial Monitoring.

Clients and carriers have come to rely on Tim and his group as a seamless supplement to their trial teams, as a liaison and reporting aid, and as a failsafe ensuring critical appellate preservation.  This hands-on, real-world experience gives our attorneys pragmatic courtroom savvy to complement their appellate acumen. Top-notch trial defense teams around the country routinely recommend and request our group’s retention because of the value-add we bring without disruption to the trial presentation.

Appeals & Motions.  

Tim has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York, and around the country.  Tim’s lengthy list of representative matters includes numerous successful appeals and dispositive motions in a wide variety of areas, including catastrophic personal injury and property damage claims, construction defect, product liability, subrogation, professional liability, premises liability, Labor Law, employment law, mass torts, complex torts, toxic torts, insurance coverage, and general commercial litigation.

Data Analytics & Thought Leadership.  

Tim’s group monitors, synthesizes and shares data analytics on the risk landscape in New York and elsewhere with clients, defense firms, municipalities and amicus curiae entities.  The group’s service philosophy is based on the belief that they better protect their many clients in individual cases (and society at large) by eliminating improper, unfair and inefficient court and industry practices that negatively impact the fairness of the process for all litigants. While always striving to win individual battles for their clients, the ultimate mission is to better serve them by winning the war.  In fact, it’s more than a mission: it’s an obligation.

Tim’s findings and articles, which help adjusters, clients and defense attorneys make more informed strategic decisions, have been prominently featured in the New York Law Journal and are shared industrywide.  Tim and his group also regularly lecture at client and national seminars, webinars and podcasts on issues of importance to the insurance defense industry and Bar.

 

Contact Info

200 E. Post Rd. Suite 210
White Plains, NY 10601

T (917) 868-5857
E tcapowski@cmocllp.com

Practice Areas

Admissions

New York U.S. US District Court, Eastern District of New York US District Court, Southern District of New York US Court of Appeals, 2nd Circuit US Court of Appeals, 3rd Circuit

Educational/Training

State University of New York at Fredonia
BS University of New York, Buffalo School of Law, JD

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