Insurance Coverage & Risk

Areas of Focus

Services

Disclaimer Challenges

At Smiley & Smiley, LLP, we challenge unfair disclaimers.

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Risk Assessment and Analysis

Mitigating risk before disputes arise is key to protecting your financial and legal interests.

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Contract and Lease Review/Drafting

Whether you need strong indemnification provisions, limitation of liability clauses, or clarity on insurance obligations, we ensure your agreements align with your best interests.

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Insurance Policy Review

Representing individuals and businesses in all aspects of insurance coverage, personal injury, wrongful death and property damage.

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Claims Management and Negotiation

Our firm assists policyholders and businesses in managing claims efficiently, ensuring proper documentation, timely filings, and strategic negotiations with insurance carriers.

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Declaratory Judgment Litigation

When insurance disputes cannot be resolved through negotiation, seeking a declaratory judgment may be necessary to establish coverage rights.

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Our Experts

Meet Our Team

Guy I. Smiley

- Partner

Legend in the Field of NYC Personal Injury Law | Our Founder with 60 years at the top of his profession | Advocate | Leader | Trial Lawyer

Andrew J. Smiley

- Partner

Andrew J. Smiley

- Partner

Education:

Brooklyn Law School – Juris Doctorate 1996
- Moot Court Honor Society – Vice President/Executive Board (Chair of Trial Division)
- Moot Court Honor Society – Competitor – National Appellate Trademark Competition
- Moot Court Honor Society – Coach, National Trial Team – Regional Champions
- CALI Excellence for the Future Award – Advanced Legal Research
- Judge Edward and Doris A. Thompson Award for Excellence in Trial Advocacy
·Tulane University, New Orleans, LA – Bachelor of Arts (Honors, Psychology) 1993

Professional:

Smiley & Smiley, LLP
- Managing Partner & Senior Trial Attorney, January 2001 – present
- Associate, June 1996 – December 2000
- Law Clerk, September 1993 – June 1996
- Major verdicts and settlements in plaintiffs’ personal injury, medical malpractice and wrongful death litigation.
Adjunct Clinical Instructor of Law – Brooklyn Law School, Trial Advocacy Program (1998-2004)
The Mentor Esq. Podcast – A Podcast for Lawyers
- Founder & Host (2019 – Present)
New York “Super Lawyer”
- 2010, 2011,2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025

Bar Admissions:

The United States Supreme Court
New York State Courts
United States Eastern District, Southern District & Northern District of New York
United States District Court of Vermont

Organizations/Affiliations:

New York State Academy of Trial Lawyers
- President (May 2017 – May 2018)
- President-Elect – (April 2016- May 2017)
- Vice President – 1st Dept. (July 2013-May 2016)
- Executive Committee (May 2019 – present)
- Board of Directors (2013- present)
- Judicial Screening Committee (2013- present)
- Master CLE Instructor (2020 – present)
- CLE Instructor (2013 – present)
New York City Trial Lawyers Alliance
- Chairman of Board of Governors (July 2017 – July 2019)
- President (July 2015 – July 2017)
- Vice President (June 2013 – July 2015)
- Treasurer (June 2011 – June 2013)
- Secretary (June 2009- June 2011)
- Board of Directors (2000-present)
- Judicial Screening Committee, Kings County Democratic Party (2013)
- New York State Bar Association
- Brooklyn Bar Association
  - Medical Malpractice Committee
  - Supreme Courts Committee
- American Bar Association
- The American Association for Justice
- Brooklyn Law School Alumni Association
- National Order of Barristers
- Lime Rock Drivers Club
- Porsche Club of America (Connecticut Valley Region)
- Porsche Sim Racing League
- Sports Car Driving Association (SCDA)
- Just Hands Racing Foundation – Board of Directors & Legal Counsel

Authored Books
Smiley, Andrew J. How to Successfully Litigate a Personal Injury Case – A Practical Guide, 2022, The Mentor Esq. Handbook Series – Amazon Best Seller in Personal Injury Law

Smiley, Andrew J. Successful Trial Skills – A Practical Guide to Jury Selection, Opening Statements, Direct & Cross Examinations and Closing Arguments, 2024, The Mentor Esq.
Handbook Series – Amazon #1 New Release in Trial Practice

Continuing Legal Education (CLE) Presentations:
(81) Federal Court Confidence: Successfully Litigating Personal Injury Cases – Part 2: Depositions in Federal Court, New York State Academy of Trial Lawyers, May 1, 2025
(80) Federal Court Confidence: Successfully Litigating Personal Injury Cases – Part 1: Overview of the Federal Court Process, New York State Academy of Trial Lawyers, April 3, 2025
(79) Who’s on the Hook?- Part 4: Litigation and Insurance Issues in SUM Cases, New York State Academy of Trial Lawyers, January 8, 2025
(78) Who’s on the Hook?- Part 3: Litigation and Insurance Issues in Premise Liability Cases, New York State Academy of Trial Lawyers, December 4, 2024
(77) Who’s on the Hook?- Part 2: Litigation and Insurance Issues in Construction Accident Cases, New York State Academy of Trial Lawyers, November 6, 2024
(76) Who’s on the Hook?- Part 1: Litigation and Insurance Issues in Ride-Share and Rental Car Accident Cases, New York State Academy of Trial Lawyers, October 2, 2024
(75) Introducing Evidence and Impeaching Witnesses, Office of The New York State Attorney General – Legal Education and Professional Development, September 26, 2024
(74) Walking the Line: Settlement Negotiation Skills & Ethics, New York State Academy of Trial Lawyers, July 9, 2024
(73) Novel Negligence Cases – Part 2: How to Successfully Litigate Dram Shop Cases, New York State Academy of Trial Lawyers, June 5, 2024
(72) Working with Experts, Office of The New York State Attorney General – Legal Education and Professional Development, April 2, 2024
(71) Novel Negligence Cases – Part 3: How to Successfully Litigate Ski Accident Cases, New York State Academy of Trial Lawyers, March 6, 2024
(70) Novel Negligence Cases – Part 1: How to Successfully Litigate Personal Trainer and Gym Negligence Cases, New York State Academy of Trial Lawyers, January 3, 2024
(69) Litigation Back to Basics – Part 3: Introducing Evidence and Impeaching Witnesses, New York State Academy of Trial Lawyers, December 6, 2023
(68) Litigation Back to Basics – Part 2: Working With Experts, New York State Academy of Trial Lawyers, November 1, 2023
(67) Construction Site Injury Litigation: Pursuing or Defending Claims Against Site Owners, Contractors, and Other Third Parties, Strafford CLE/BarBri, October 17, 2023
(66) Litigation Back to Basics – Part 1: Preparing and Conducting Depositions, New York State Academy of Trial Lawyers, October 4, 2023
(65) Depositions, Office of The New York State Attorney General – Legal Education and Professional Development, September 28, 2023
(64) How to Litigate a Medical Malpractice Case – Part 6: The Trial, New York State Academy of Trial Lawyers, June 7, 2023
(63) How to Litigate a Medical Malpractice Case – Part 5: Pre-Trial Preparation, New York State Academy of Trial Lawyers, May 3, 2023
(62) How to Litigate a Medical Malpractice Case – Part 4: Discovery & Depositions, New York State Academy of Trial Lawyers, April 4, 2023
(61) How to Litigate a Medical Malpractice Case – Part 3: Commencing the Action, New York State Academy of Trial Lawyers, February 28, 2023
(60) How to Litigate a Medical Malpractice Case – Part 2: Expert Selection, New York State Academy of Trial Lawyers, February 1, 2023
(59) How to Litigate a Medical Malpractice Case – Part 1: The Initial Screening, New York State Academy of Trial Lawyers, January 4, 2023
(58) How to Litigate a Construction Accident Case – Part 4: Motion Practice, New York State Academy of Trial Lawyers, December 7, 2022
(57) Preparing for Depositions: Best Practices for Asking and Answering Questions, Office of The New York State Attorney General, 2022 Legislature Program, December 6, 2022
(56) How to Litigate a Construction Accident Case – Part 3: Depositions, New York State Academy of Trial Lawyers, November 2, 2022
(55) How to Litigate a Construction Accident Case – Part 2: Commencing The Action, New York State Academy of Trial Lawyers, October 3, 2022
(54) Trial Series: Part 2 – Opening Statement Webinar, Queens County Bar Association, September 22, 2022
(53) How to Litigate a Construction Accident Case – Part 1: An Overview of New York Labor Law, New York State Academy of Trial Lawyers, September 7, 2022
(52) How to Litigate a Catastrophic Automobile Accident Case – Part 6: The Trial, New York State Academy of Trial Lawyers, July 6, 2022
(51) How to Litigate a Catastrophic Automobile Accident Case – Part 5: Mediation and Settlement, New York State Academy of Trial Lawyers, June 2, 2022
(50) How to Litigate a Catastrophic Automobile Accident Case – Part 4: Expert Depositions, New York State Academy of Trial Lawyers, May 4, 2022
(49) How to Litigate a Catastrophic Automobile Accident Case – Part 3: Liability and Damages Experts, New York State Academy of Trial Lawyers, April 6, 2022
(48) How to Litigate a Catastrophic Automobile Accident Case – Part 2: Commencing the Action, New York State Academy of Trial Lawyers, March 2, 2022
(47) How to Litigate a Catastrophic Automobile Accident Case – Part 1: The Investigation, New York State Academy of Trial Lawyers, February 4, 2022
(46) Anatomy of a Trial, a Trial Skills Series – Part 5: Summations, New York State Academy of Trial Lawyers, January 5, 2022
(45) Anatomy of a Trial, a Trial Skills Series – Part 4: Cross-Examination, New York State Academy of Trial Lawyers, December 1, 2021
(44) Anatomy of a Trial, a Trial Skills Series – Part 3: Direct Examination, New York State Academy of Trial Lawyers, November 3, 2021
(43) Anatomy of a Trial, a Trial Skills Series – Part 2: Opening Statements, New York State Academy of Trial Lawyers, October 6, 2021
(42) Anatomy of a Trial, a Trial Skills Series – Part 1: Jury Selection, New York State Academy of Trial Lawyers, September 10, 2021
(41) How to Successfully Litigate a Personal Injury Case Series – Part 7: It’s a Wrap!, New York State Academy of Trial Lawyers, July 7, 2021
(40) How to Successfully Litigate a Personal Injury Case Series – Part 6: The Trial, New York State Academy of Trial Lawyers, June 2, 2021
(39) How to Successfully Litigate a Personal Injury Case Series – Part 5:Pre-Trial Disclosures and Gearing up for Trial, New York State Academy of Trial Lawyers, May 5, 2021
(38) How to Successfully Litigate a Personal Injury Case Series – Part 4: Depositions, New York State Academy of Trial Lawyers, April 7, 2021
(37) How to Successfully Litigate a Personal Injury Case Series – Part 3: Your Adversary, the Preliminary Conference and Initial Discovery, New York State Academy of Trial Lawyers, March 3, 2021
(36) How to Successfully Litigate a Personal Injury Case Series – Part 2: Early Settlement, Jurisdiction, Venue & Commencing The Lawsuit, New York State Academy of Trial Lawyers, February 3, 2021
(35) How to Successfully Litigate a Personal Injury Case Series – Part 1: Getting the Case, Investigation and Ready to File, New York State Academy of Trial Lawyers, January 6, 2021
(34) Brick by Brick: Building a Personal Injury Practice, New York State Academy of Trial Lawyers, December 10, 2020
(33) Working with Experts to Build Your Case, New York State Academy of Trial Lawyers, October 8, 2020
(32) Fitness Industry Liability: Gyms, Trainers and Waivers, The Mentor Esq. Podcast, September 8, 2020
(31) Let’s Make a Federal Case Out of It: Litigating Personal Injury Cases in Federal Court, New York State Academy of Trial Lawyers, June 9, 2020
(30) Crisis Management – The Corona Virus Pandemic, The Mentor Esq. Podcast, April 9, 2020
(29) Do You Have a Federal Tort Claims Act Case in Your Office, New York State Academy of Trial Lawyers, December 10, 2019
(28) Auto and Truck Claims, Accidents and Litigation 2019 – Evaluating Damages and Use of Experts, New York State Bar Association, September 9, 2019
(27) Thoughts and Strategies in the Ever-Evolving Product Liability Litigation – The Plaintiff’s Perspective, The Defense Association of New York, March 12, 2019
(26) Trial Techniques: Lessons on Dealing with Millennial Jurors; Summations; Requests to Charge and Post-Trial Motions, The Defense Association of New York, January 31, 2019
(25) Trial Techniques: Interactive Lessons from the Plaintiff and Defense Perspectives, The Defense Association of New York, September 17, 2018
(24) Punitive Damages – What to Plead, What to Prove: Medical Malpractice, New York State Academy of Trial Lawyers, June 8, 2017 & June 21, 2017
(23) Presenter on Evidence, 2016 Annual Update, Precedents & Statutes for Personal Injury Litigators, New York State Academy of Trial Lawyers, September 30, 2016
(22) Medical Malpractice in New York: A View from All Sides: The Bench, The Bar and OCA, New York State Bar Association, October 11, 2015
(21) Effectively Using Experts in Personal Injury Cases, Lawline, October 8, 2015
(20) Killer Cross Examination Strategies, Clear Law Institute, April 21, 2015
(19) Powerful Opening Statements, Clear Law Institute, January 13, 2015
(18) The Dram Shop Law: New York Liquor Liability, Lawline.com, November 20, 2014
(17) Killer Cross Examination Strategies, Lawline.com, November 20, 2014
(16) Trial Techniques: Tricks of the Trade Update, Lawline.com, October 14, 2014
(15) Personal Trainer Negligence Update, Lawline.com, October 14, 2014
(14) Trial Techniques – Part 2: Cross- Examination & Closing Arguments, Brooklyn Bar Association, May 15, 2014
(13) Trial Techniques – Part 1: Jury Selection, Opening Statements & Direct Examination, Brooklyn Bar Association, May 7, 2014
(12) Health, Fitness & Adventure Sports Liability, New York State Bar Association, August 1, 2013
(11) Direct Exams: How To Make Your Witnesses Shine, New York State Academy of Trial Lawyers, May 6, 2013
(10) Opening Statements: A Recipe for Success, Lawline.com, August 7, 2012
(9)“You Had Me at Hello”: Delivering an Effective and Powerful Opening Statement, New York State Academy of Trial Lawyers, April 1, 2012
(8) Preparing the Construction Accident Case, New York County Lawyers Association, March 26, 2012
(7) The Nuts and Bolts of a Trial, New York State Academy of Trial Lawyers, October 24, 2011
(6) Personal Trainer Negligence, Lawline.com, March 22, 2011
(5) Trial Effectively Using Experts in Personal Injury Cases, Lawline.com, May 4, 2011 Techniques: The Tricks of the Trade, Lawline.com, February 16, 2011
(4) Practice Makes Perfect: Learn to Practice Like a Pro, Lawline.com, January 18, 2011
(3) Jury Selection 101, New York State Academy of Trial Lawyers, December 14, 2010
(2) Practical Guidelines for Getting Items into Evidence, Lawline.com, March, 2010
(1) Winning Your Case: Trial Skills that Count, Lawline.com, August 21, 2009

Television Appearances

Fox News Channel
- The O’Reilly Factor
- What’s Happening Now with Martha McCallum
- America’s News Room
- Fox & Friends
- Fox Business Channel
- Neil Cavuto
- Money with Melissa Francis
CNN -Anderson Cooper 360
ET – Entertainment Tonight
Bloomberg TV
Headline News
Tru TV
Court TV
The Morning Show with Mike and Juliet

Interests, Hobbies:
High-Performance Driving Events, Lime Rock Drivers Club, Porsche Enthusiast, Sim Racing, Tennis, Lego, Cooking, Yoga

Jason D. Friedman

- Partner

Chair of Medical Malpractice Division | Litigator | Negotiator | Tireless Advocate and Relentless Pursuer of Justice

Rosa M. Feeney

- Partner

Michael S. Solomon

- Senior Trial Counsel

Trial Lawyer | Master Negotiator | Former Prosecutor

Patricia E. Doran

- Senior Counsel

Coverage and Risk Litigator | Trial Lawyer | Former Senior Claims Supervisor

Jocelyn M. Seitter

- Senior Counsel

Coverage and Risk Litigator | Trial Lawyer | Former Senior Claims Specialist

Case Results

Settlements, Verdicts and Case Results

$1,000,000 for Wrongful Death

$1 Million for the wrongful death of a 42-year-old HIV positive man resulting from a failure by his dentists to timely diagnose oral cancer.

$1,000,000 for Injured Jet-Ski Passenger

$1,000,000 recovered for our client within4 months of her jet ski accident resulting in fractures to her spine requiring surgery.

$1,000,000 for Fatal Car Accident

$1,000,000 recovered prior to filing a lawsuit for the family of a man killed in a car accident while he was on his way home from work when a van struck his car head-on.

$1,300,000 – Bank Officer Killed by NYCTA Bus

$1.3 Million settlement on behalf of the widow and two children of a bank officer who was struck and killed by a wayward New York City Transit Authority bus.

$1,250,000 Million Verdict Awarded to Injured New York Cyclist

$1.25 Million verdict was awarded to a 22-year-old bicyclist who sustained severe injuries to her foot as a result of an illegally parked commercial van. When the van door unexpectedly swung open, our client was forced to slam on her brakes, which resulted in her falling off her bicycle into the next lane of traffic where an oncoming MTA bus ran over her right foot.

$1,200,000 for Swedish Engineer Injured on Roosevelt Island

$1.2 Million on behalf of a 44-year-old electronics engineer from Sweden. Our client was hired from Sweden to work on a project at the Automatic Vacuum Accumulation Center in Roosevelt Island. While working on large mainframe computers located on an elevated metal catwalk within the complex, our client was unaware that city employees had removed a section of the metal grating, creating a large open space in the catwalk. As he walked around the computers, our client fell through the un-barricaded opening and plummeted 15 feet onto the concrete floor below. As a result of the fall, the Swedish engineer suffered from multiple fractures of his arm, leg and face as well as brain trauma—which affected his speech pattern and thinking ability.

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Services

Disclaimer Challenges

Risk Assessment and Analysis

Contract and Lease Review/Drafting

Insurance Policy Review

Claims Management and Negotiation

Declaratory Judgment Litigation