MATTHEW SIEGEL

** ******* ****, ***** ******, New York 10605

914-***-****

ad3k79@r.postjobfree.com

Dear Prospective Employer,

I am a seasoned liability claims professional and Juris Doctor with many years of in-depth experience handling, and mentoring others in handling, high-exposure (litigated and non-litigated), primary and excess commercial and personal general liability "bodily injury," "property damage," "personal injury" and automobile liability claims, with an emphasis on complex liability insurance coverage interpretation and analysis, in New York and multi-state venues. The global settlement values of these claims have ranged up to the eight-figures, structured and otherwise, and have entailed wrongful death, brain injuries, deformities, burns, total and partial permanent blindness, avulsions, amputations, quadriplegia, paraplegia, toxic exposures and other potentially high-exposure soft-tissue/vascular injuries, as well as “third-party” property damage losses. Accordingly, please find my resume attached for your review and consideration. My most recent position entailed working remotely as a full-time, permanent “Claims Examiner III” for a national third-party administrator handling complex construction defect and commercial general liability accident losses throughout the U.S.

Although my area of specialty is the adjustment of serious, litigated construction accident losses under Sections 240, 241-a, 241(6) and 200 of New York's Labor Law and the interrelated liability insurance coverage and risk transfer issues that they pose, I have comprehensive experience and expertise handling the full panoply of complex litigated liability claim and insurance coverage areas including, but not limited to, premises/habitational, elevator accident, products liability, automobile, trucking, 3rd-party workers compensation (“1-B”), construction defect, “long-tail”/toxic tort/environmental, directors and officers, school and employment practices liability losses. (Writing samples can be provided.)

My credo has always been to achieve the most strategic and cost-effective theory of defense and liability/risk transfer allocation (contractual and/or common law) on behalf of my insured-interests, and the consequent reduction in indemnity and associated legal defense costs in the millions of dollars, through trenchant problem-solving, tenacity, thoughtful negotiation, levity and diplomacy. I pride myself in generating original, innovative and legally sustainable solutions to difficult or unusual situations.

In addition to working as a Complex Litigated Liability Insurance Claims and Coverage Analyst, as well as being in the course of developing a New York-specific/multi-state-expandable liability insurance coverage software application, which in “real-time” timely, cost-effectively and accurately resolves complex interrelated liability insurance coverage issues, I have also been doing freelance legal writing for the New York Law Journal, addressing recent New York Court of Appeals and multi-state coverage and tort decisions: “What’s So Special About ‘K2 dealing with the groundswell of confusion engendered by the infamous New York Court of Appeals’ lawyers’ professional liability case, K2 Investment Group-v-American Guarantee and Liability Insurance Company, 21 N.Y.3d 384; and the “Right Rule, Wrong Result: The Trouble With ‘K2-II’,” regarding the Court’s rehearing of American Guarantee’s appeal in K2 Investment, based on its improperly allowing American Guarantee to rely on policy exclusions requiring proof of its attorney-insured's possible financial duplicity in "serving two masters," impermissibly giving American the imprimatur to relitigate the covered factual and legal bases for the negligence determination underlying K2s' legal malpractice judgment against its insured, thus embroiling American in a conflict of interest. Currently, I am in the course of writing four additional articles: one which analyzes and questions the Viking Pump decision, 27 N.Y.3d 244, recently handed down by the New York Court of Appeals regarding the impact of general liability policy “non-cumulation,” “prior-insurance” and “continuing-coverage” clauses on New York’s “injury-in-fact” trigger of coverage in continuous-exposure/gradual-harm toxic tort and environmental claims; another article which maintains that, for whatever purpose expert opinion might be utilized in other contexts under Labor Law § 240(1), contrary to the Court’s recent decision in O’Brien-v-Port Authority of NY & NJ, 29 N.Y.3d 27, that to determine an owner’s or contractor’s liability for a violation of Labor Law § 240(1) by resorting to expert or other proof based on whether an allegedly-defective safety device actually provided to plaintiff was of the type customarily used and whether any safer “height-related” device could – and, thus, should -- have been provided, would allow defendants to impermissibly rely on a negligence standard of care and escape absolute liability under the statute; a third article which maintains that, contrary to the Court’s recent holding in Biaca-Neto-v-Boston Rd. II Hous. Dev. Fund, 176 A.D.3d 1 (1st Dept., 2019), aff’d as modified, 2020 N.Y. Slip Op 01116 (2/18/20), plaintiff’s affirmative use -- or even misuse -- of a scaffold that allegedly was unsuitable for the purpose of safely affording him direct entry into the interior of a building via an adjacent seventh-floor window “cut-out” some nine to ten feet above the scaffold platform where he was working, gave rise to a triable issue of fact regarding the adequacy of such device under Labor Law § 240(1) without implicating the “recalcitrant worker” defense, regardless: of the availability of adequate safety devices at plaintiff’s worksite; that he was instructed and knew he was expected to use such devices instead of climbing the scaffold in question, but, for no good reason chose not to do so; and, that had he done so the accident would not have occurred; and, lastly, a fourth article which questions a recent holding of the U.S. 10th Circuit Court of Appeals in Owners Insurance Company-v-Dockstader, No. 19-4156 (10th Cir., June 29, 2021, __ F.3d __), that appears to be astigmatically gaining acceptance among sophisticated insurance defense attorneys and legal commentators to the effect that when a liability carrier reserves its right to disclaim coverage, that rather than properly assigning and paying for independent defense counsel selected by the insured to protect him or her against personal tort liability -- especially regarding uncovered grounds of recovery, such carrier was instead extra-contractually allowed to advance its own interests, while compromising those of its insured, by impermissibly adducing extrinsic proof controverting and resolving ambiguities in the potentially-covered allegations of such personal injury lawsuit in order to defeat its insured’s right to an unqualified defense and potential indemnification, rather then properly awaiting the final resolution of such underlying tort action in order to determine whether any legal or factual basis for recovery existed under its policy!

I am looking for a challenging position commensurate with my background, experience and expertise, and would welcome the opportunity to speak with you and to find out more about your needs at length, and discussing the value I can, hopefully, offer your organization.

Sincerely yours,

Matthew Siegel

86 Beverly Road

White Plains, NY 10605-3306

914-***-****

ad3k79@r.postjobfree.com

https://mail.yahoo.com/b/folders/2/messages/ALN9MwUYKXLwYZy8jghBSAxBovw?folderType=SENT&showImages=true&offset=0&unblockNow=falsehttps://mail.yahoo.com/b/folders/2/messages/AGqUCFErnPMAYZwXdw4lGOcNxUo?folderType=SENT&showImages=true&offset=0&unblockNow=false

MATTHEW SIEGEL

86 Beverly Road, White Plains, New York 10605

914-***-****

ad3k79@r.postjobfree.com

My Mission Is To Achieve The Most Strategic And Cost-Effective Theory Of Defense And Liability/Risk Transfer Allocation In Resolving Complex, Litigated Liability Claims, And The Consequent Reduction In Indemnity And Associated Legal Defense Costs In The Millions Of Dollars, Through Trenchant Problem-Solving, Tenacity, Thoughtful Negotiation, Levity And Diplomacy. I Pride Myself In Generating Original, Innovative And Legally Sustainable Solutions To Difficult Or Unusual Situations.

EDUCATION: Northern Kentucky University, Salmon P. Chase

College of Law, Park Hills, Kentucky

Juris Doctorate

University of Rochester, Rochester, New York

Bachelor of Arts, Fine Arts – History and Aesthetics

EXPERIENCE: Tristar Risk Management, Remote

2022-2023 – Claims Examiner III – Construction Defect and

Commercial General Liability Claims

Cost-effective and Strategic Adjustment of High-Exposure,

Litigated Construction Defect, Construction Accident/NY

Labor Law, Premises, Automobile and Related Complex

Primary and Excess Commercial Liability Claims – New

York/ Multi-State

Consultant re Complex Liability and Coverage Issue

Resolution

Policy Interpretation and Analysis of Unusual Fact Patterns

and Unresolved, Potentially Precedent-Setting Coverage

Issues

Recognized as Technical Expert re Interpretation and

Resolution of Complex and Unusual Liability Insurance

Coverage Issues

Presenting Facts in a Balanced Manner Assuring Effective

and Timely Presentation of Complex Litigation Strategy and

Recommendations to Senior Claims Management

Extensive Home Office Reporting

Implementation of Best Claim Practices re Application of

California Continuous Exposure/Latent Injury

“Long-Tail” Claims

Implementation of Best Claim Practices re Application of

Additional-Insured Endorsement Tenders Under Burlington

Insurance, etc.

Development of Liability Insurance Coverage Software

Program Assuring Cost-Effective Resolution of Complex

Liability Insurance Coverage Issues and Substantially-

Reduced Indemnity and Legal Defense Policy Pay-Outs

Counsel Management and Attorney and Legal Expense

Auditing

Technical Expert/Instructor/Mentoring

Full-Time Consultancy – Carl Warren & Company, AIG

Construction Services, St. Paul, First Central, Sompo-

Japan, New York Liquidation Bureau, Software

Development, New York Law Journal

2001 – 2022 /1998 - 2000 – Complex Litigated Claims

Management

Cost-effective and Strategic Adjustment of High-Exposure,

Litigated Construction Accident/NY Labor Law, Premises,

Elevator Accident, Automobile, Environmental,

Asbestos/Toxic Tort, Products, Construction Defect,

Employment Liability, Property Damage and Related

Complex Primary and Excess Commercial Liability Claims –

New York/ Multi-State

Consultant re Complex Liability and Coverage Issue

Resolution

Policy Interpretation and Analysis of Unusual Fact Patterns

and Unresolved, Potentially Precedent-Setting Coverage

Issues

Recognized as Technical Expert re Interpretation and

Resolution of Complex and Unusual Liability Insurance

Coverage Issues

Presenting Facts in a Balanced Manner Assuring Effective

and Timely Presentation of Complex Litigation Strategy and

Recommendations to Senior Claims Management

Extensive Home Office and Reinsurance Reporting

Implementation of Best Claim Practices re Application of

Predicted “Injury-In-Fact” Trigger-of-Coverage in New York

Continuous Exposure/Latent Injury “Long-Tail” Claims

Implementation of Best Claim Practices re Application of

Additional-Insured Endorsement Tenders Under Burlington

Insurance

Handling/Managing Self-Insured Retention Issues

Development of Liability Insurance Coverage Software

Program Assuring Cost-Effective Resolution of Complex

Liability Insurance Coverage Issues and Substantially-

Reduced Indemnity and Legal Defense Policy Pay-Outs

Counsel Management and Attorney and Legal Expense

Auditing

Claims Auditing/Technical Expert/Instructor/Mentoring

Attending and Controlling Cases at Mediations and

Settlement Conferences

Freelance Legal Writing re General and Professional

Liability Coverage Issues - The New York Law Journal:

“What’s So Special About ‘K2’?” (12/31/13) and “Right Rule,

Wrong Result: The Trouble With ‘K2-II’” (7/2/14)

OneBeacon Insurance Group, New York, New York

2000 – 2001 - Senior Claims Analyst

Cost-effective and Strategic Adjustment of High-Exposure,

Litigated Premises, Property Damage and Related

Complex Commercial General Liability Claims – New York

Home Office Reporting

Complex Liability and Coverage Issue Resolution

Policy Interpretation and Coverage Analysis

Effective and Timely Presentation of Complex Litigation

Strategy and Recommendations to Senior Claims

Management

Liberty Mutual Group, Elmsford, New York

1996 – 1998 - Senior Technical Claims Specialist

Cost-effective and Strategic Adjustment of High-Exposure, Litigated Premises, Products, Construction Accident/NY Labor Law, Automobile and Related Complex Commercial Liability Claims – New York

Home Office Reporting

Complex Liability and Coverage Issue Resolution

Policy Interpretation and Coverage Analysis

Effective and Timely Presentation of Complex Litigation

Strategy and Recommendations to Senior Claims

Management

Attorney and Legal Expense Auditing

Maryland Casualty Group, Parsippany, New Jersey

1995 – 1996 - Liability Claim Specialist, Construction Unit

Adjustment of High-Exposure, Litigated Construction

Accident/NY Labor Law, Construction Defect and

Automobile Liability Claims - New York/New Jersey

Home Office Reporting

Consultant re Complex Liability and Coverage Issue

Resolution

Policy Interpretation and Coverage Analysis

Effective and Timely Presentation of Complex Litigation

Strategy and Recommendations to Senior Claims

Management

Attending and Controlling Cases at Mediations and

Settlement Conferences

Royal Insurance, Elmsford, New York

1993 – 1995 - Liability Specialist

Cost-effective and Strategic Adjustment of Commercial and

Personal General Liability Claims, emphasis on Serious

Construction Accident/NY Labor Law Litigation – New York

Consultant re Complex Liability and Coverage Issue

Resolution

Implementation of Best Claim Practices re Application of

New York Anti-Subrogation Rule

Policy Interpretation and Coverage Analysis

Effective and Timely Presentation of Complex Litigation

Strategy and Recommendations to Senior Claims

Management

SKILLS AND Authentication, Evaluation and Collection of Fine Chinese,

INTERESTS: Japanese, Tibetan, Islamic, Continental, English and American

Antiques.

Architectural and Interior Design, Legal Writing and Swimming

Contact this candidate