Lipsius BenHaim Law is a boutique litigation firm focusing on insurance litigation and advice. Its senior partner, Ira Lipsius, was the senior partner in Schindel, Farman, Lipsius, Gardner & Rabinovich where he practiced in the field of insurance coverage for over 30 years. When the firm, after 75 years, disbanded in 2011, Mr. Lipsius opened Lipsius BenHaim Law with David BenHaim, who had been with the Schindel firm for almost a decade. Lipsius BenHaim brought with them from the Schindel firm key members of the litigation and support staff and moved to Kew Gardens, less than 20 minutes from Manhattan and two of New York's airports
Since the firm's founding in 2011 over 25 decisions argued by the firm have been reported. The firm has earned a reputation in re-insurance and arbitration with a key decision by the United States Court of Appeals in 2013 making landmark law in arbitration law. The decision was described by one of the country's largest law firms as "a new standard."
The firm represents some of the largest owners of life insurance policies and has made law in life settlement in many jurisdictions. In 2013 the firm has recovered in excess of $100,000,000 from life insurers. The firm has made law regarding issues of contestability, insurable interest, estoppel, and lapses. In its short existence the firm has successfully fought recession actions by insurers before the United States Court of Appeals and before state appellate courts and has established new standards as to what insurers must prove, and produce, to prove materiality in a life insurance application. The firm has been active in litigating and resolving policy ownership disputes including obtaining a judgment on behalf of a client that it was the owner of $ 350,000,000 of life insurance policies.
The firm ended off 2013 with a major decision in the field of primacy of coverage between insurers. The firm represents self-insured entities, captive insurers and insurers in disputes where multiple policies provide coverage for the same catastrophic loss. The firm successfully argued on behalf of London Underwriters that the London Underwriters' policies did not provide primary coverage entitling the London Underwriter to a recovery in excess of $ 10,000,000 from a domestic insurer.
The firm is actively involved in litigations on behalf of large corporate employers disputing workers compensation insurers' assessments of tens of millions of dollars of retrospective premiums. The firm is involved in Sandy claims and the exclusions being raised by insurers.
The firm represents holders of judgments in asserting their claims against insurers and represents commercial insureds who have been denied coverage and face large, potentially, uncovered judgments. In 2013 the firm successfully represented before a New York State appellate court an institution which had had coverage denied and faced a multi-million dollar judgment. The firm successfully overcame an insurer's declination of coverage for a multi-million dollar personal injury judgment.