Susan Abbott Schwartz

Real Estate E&O
Susan has a breadth of real estate E&O defense experience managing and resolving claims on behalf of large national property management and brokerage firms as well as litigating disputes throughout the United States on behalf of real estate brokers, appraisers, title abstractors, home inspectors, insurance brokers, managing agents and broker-dealers. In addition to efficiently managing claims, she assists our real estate professionals in licensing and regulatory matters as well as navigating complex contractual issues, leases and agency agreements; performing due diligence related to acquisitions; helping to ensure fair housing, habitability, and other applicable statutory and/or local code and regulatory compliance.

Insurance Coverage
Susan counsels numerous insurance carriers on all aspects of disputes and related matters, from high-stakes litigation to insurance policy integration to costly and potentially dangerous cases alleging bad faith. She is adept at handling first-party property claims, expertly crafting or interpreting policy language to position her client for the best possible outcome. She has crafted hundreds of coverage opinions, reservation of rights letters and coverage declinations. Susan skillfully interprets detailed coverage policies and helps mitigate the exposures that often accompany them, including providing an independent evaluation as monitoring counsel and litigating complaints for declaratory relief. She effectively uses her talent and tenacity in the courtroom and successfully leverages her advantage as a member of one of the largest trial firms in the country. In addition, Susan has served as coverage counsel in claims where an insured’s employee manufactured false tax returns for his employer’s clients, resulting in a criminal conviction and losses to the insured’s customers.

Professional Liability
Susan defends clients in the face of significant growth in professional liability litigation. She represents lawyers, design professionals, real estate agents and brokers, and insurance agents and brokers against claims alleging violation of professional or ethical standards. Susan provides direct defense on individual cases in courts, before regulatory bodies, and in arbitrations and mediations. She also handles miscellaneous professional liability insurance and other forms of coverage, bringing in necessary associated services through Wilson Elser’s multidisciplinary team structure.