DISPUTES KUTINSKY TAKES ON
PROPERTY & CASUALTY
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Commercial Property
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Commercial General Liability
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Business Owners
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Builders' Risk
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Business Income Loss
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Commercial Auto
REGULATORY COMPLIANCE
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Insurance Code Compliance
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Agent Producer Licensing
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Producer Agreements
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Agent Appointments
PERSONAL LINES
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ERISA
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Homeowners Liability
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Homeowners Property
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Private Life
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Private Disability
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Auto
PROFESSIONAL LINES
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Professional Liability
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Medical Liability
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Directors & Officers
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Employment Practices
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Errors & Omissions
CASE RESULTS
PUBLISHED AND REPORTED CASES
Long Term Care facilities seek coverage for loss of business income from COVID-19
General Liability Coverage Established
Title agent successfully defends lawsuit by large financial corporation
Court of Appeals sets minimum liability limits at $250,000
Public University Awarded Liability Coverage
Insurer Compelled to Submit Claim to Appraisal
Insurance Company's attempt to dismiss policyholder's disability claim is denied.
ERISA Plan Administrator Benefits Decision Reversed
Insurance Agency's attempt to dismiss policyholder's lawsuit denied
INSURANCE COVERAGE AND RELATED DISPUTES
In 2020, Mr. Kutinsky was hired by a local Municipality to handle an insurance bad faith situation. His involvement saved over $200,000 for his client and ended a 2 1/2 year dispute in a few months. In an address to the City Council, the City's Mayor described Kutinsky as the "game changer."​
In 2017, as defense trial counsel to one of the largest public universities in the United States, Mr. Kutinsky successfully tried a high exposure case to verdict in the Michigan Court of Claims. At trial, the plaintiff claimed more than ten million dollars ($10,000,000) in economic damages but received a verdict of zero dollars ($0) in economics.
In 2023 Mr. Kutinsky represented two long term care management companies against an insurance company that denied coverage for loss of business income and extra expenses incurred by several long term care facilities due to the COVID-19 pandemic. The insurance company moved to dismiss the lawsuit which Mr. Kutinsky successfully opposed.
In 2021, Mr. Kutinsky settled a contested claim under a Builder's Risk Insurance Policy on behalf of a commercial building owner in Detroit, MI. The settlement of one hundred and fifteen thousand dollars 00/100 ($115,000) included reimbursement of lost rents, damage to the building, attorney fees, and extra expenses incurred as a result of the loss.
When a fraternal order of police was sued by an insurance company which refused to cover a wrongful death action, Mr. Kutinsky obtained complete dismissal of the lawsuit which was upheld on an appeal that resulted in a published Court of Appeals opinion.
In 2020, Mr. Kutinsky represented the estate of a man involved in an altercation before his death. The other person involved in the altercation sued the estate for bodily injury which it turned over to the deceased's homeowner's insurance company. Although the insurer paid for an attorney to defend the estate it separately filed a declaratory action to avoid covering a settlement or judgment. Mr. Kutinsky represented the estate in the declaratory action which led to the insurer settling the bodily injury claim.
In 2022 Mr. Kutinsky represented a homeowner against an insurance company that disputed the cost necessary to repair a home and also refused to comply with Michigan law mandating appraisal of the loss. Mr. Kutinsky filed suit and immediately moved to compel appraisal which the Court granted.
In a case upheld on appeal, Mr. Kutinsky obtained complete dismissal of a multi-count lawsuit brought against a small business by a goliath financial services firm and recovered his client's attorney fees.
In 2024 Mr. Kutinsky represented a cannabis company that suffered business income loss from an equipment breakdown incident. After the insurer denied coverage under its commercial property policy, the cannabis company retained Mr. Kutinsky who helped it recover over $175,000 in insurance payments.
In 2024 Mr. Kutinsky represented an individual who was injured in a motor vehicle accident. The driver of the other vehicle did not cooperate with his insurance company which refused to pay the client $250,000 under its liability policy. Mr. Kutinsky successfully obtained a judgment requiring the insurer to pay the $250,000 which was affirmed by the Michigan Court of Appeals.
In 2024 Mr. Kutinsky represented an ERISA plan participant who was denied benefits under his employer health plan following a serious dirt bike accident. The US District Court reversed the plan administrator's decision finding it was "arbitrary and capricious" and awarded full benefits.
In 2020, the family of an elderly woman contacted Mr. Kutinsky after her long term care insurer ceased making benefit payments. The family argued with the insurance carrier for 10 months without success. Mr. Kutinsky stepped in and the insurer paid the past benefits in full plus interest and agreed to cover all future payments.
