Firm Information
The firm was founded in 1920 as Walter & Fertig. M. Maldwin Fertig later served as counsel to the Governor and subsequently was elected City Comptroller. The late Samuel Gottesman acted as trial counsel for many liability insurers and sureties. The firm evolved to become Gottesman, Wolgel, Malamy, Flynn & Weinberg, P.C.
Our surety practice includes federal and state court claims on payment and performance bonds, Miller Act bonds, lost instrument and open penalty indemnity bonds, customs single entry and general term bonds, utility bonds, fiduciary bonds, safe deposit bonds, workers compensation bonds, black lung bonds, appeal bonds, bail bonds, environmental “closure” bonds, and miscellaneous court and tax bonds. We also render opinions on financial guarantee and suretyship questions as well as reinsurance recoveries.
The firm's insurance defense caseload includes general negligence, intentional torts, New York Labor Law, property damage, premises liability and products liability for claims for injuries caused by caustic solutions, industrial machinery, and defective equipment. Related topics include coverage, hold harmless disputes, contractual indemnification claims, excess coverage and declaratory judgment proceedings.
Our fidelity practice includes coverage analysis of the various Insuring Agreements, claims investigation and assessment, negotiation, litigation, defense and subrogation. We have tried fidelity cases to verdict and have secured important trial opinions: multiple thefts over an extended period were a single “series of acts” for purposes of fidelity coverage; and have litigated inventory loss calculation issues. We have handled cases involving religious institutions, nursing homes, payroll companies, retail goods wholesalers and losses caused by the acts of public officials. We have succeeded in securing the withdrawal of fidelity claims premised upon losses caused by public officials under Public Employee blanket bonds; In re City of New York v. Union Indemnity Ins. Co. in Liquidation, [Fidelity coverage analysis persuaded City of New York to withdraw fidelity claim exceeding $35,000,000.00]. The firm also handles financial institution bonds and related insurance claims including forged endorsement claims, lost and replaced securities claims, payments over stop orders, safe deposit liability and the defense of alleged intentional torts against financial institutions.
Our firm’s general practice includes work on behalf of the United States Small Business Administration as Receiver of various Small Business Investment Companies as well as individuals and companies involving Real Estate, Secured Interests, Loans and Promissory Notes, Contracts and Employment Law. Our Real Estate practice includes transactional and litigation work. Our General Commercial Practice includes Business Disputes, including Partnership Disputes, Construction Litigation, Errors and Omissions Litigation and includes all Courts in New York and New Jersey.
The firm's members have as much as 30 years of experience in liability, surety and fidelity practice. We are dedicated to providing swift evaluation and efficient disposition of claims or suits in the manner most advantageous to the client, consistent with the highest professional standards.
In its non-litigation practice, the firm negotiates and mediates matters the client does not wish to litigate, provides coverage opinions as well as opinions concerning the likelihood of affirmance of reversal on appeal in matters handled by other firms, drafts security agreements, mortgages, notes and other instruments to protect client interests, negotiates leases and contracts, negotiates settlements with various agencies, and facilitates non-litigated resolution of construction-related disputes. The firm has extensive contacts throughout the Eastern United States with accountants, engineers, consultants, investigators, etc., whose assistance can be crucial to efficient claims resolution and/or litigation.
The firm has represented insurers and sureties in both federal and state courts of New York, New Jersey, Connecticut, Florida, Utah, Colorado, Wyoming, Massachusetts, Texas, Vermont and Virginia. The firm maintains an extensive library geared primarily to insurance and bond coverage claims and includes computerized research facilities. Our offices are located in downtown Manhattan, within walking distance of state and federal courts.