Franklin Tell, Esq.
Case Manager: Eve Thorstens
Tel: (310) 201-0010 Ext. 147
E-Mail
Former trial and appellate attorney with 30 years experience in commercial, insurance, employment, product liability, personal injury, and construction defect law, Franklin D. Tell, Esq. is known for his effective communication and negotiation skills and instinctive ability to resolve contentious litigation expeditiously and economically. One of New York City’s preeminent insurance counsel, Mr. Tell handled large loss, high-profile, complex trials in Federal and State Courts. He holds Martindale’s highest rating (AV) for professional and ethical standards.
MEDIATIONS AND ARBITRATIONS
A fulltime mediator since 2003 and an arbitrator/mediator for the Civil Court of the City of New York, Mr. Tell has successfully mediated hundreds of litigated matters in nearly every area of civil law. Notable successes include:
- Successfully mediated $4,500,000 fire loss at UJA/Federation summer camp due to possible violation of fire alarm warranty and diminished replacement value of structure.
- Facilitated a settlement of a $1,000,000 breach of contract dispute between competing waste disposal companies over purchase agreement involving a local municipality.
- Settled a multi-million dollar personal injury lawsuit for massive brain and spine injuries to a guest at a world-renowned hotel and resort.
- Facilitated a resolution of hundreds of automobile, personal injury and premises liability cases with a resolution rate of over 90% for private and court-appointed mediations.
Mr. Tell has also been appointed to serve as arbitrator in numerous commercial, insurance, real estate, and business related disputes. Major arbitrations include:
- Arbitrated multimillion-dollar business interruption claim under a comprehensive property insurance policy arising out of a massive fire to residential apartment complex located outside San Francisco.
- Appointed to three-member arbitration panel to decide breach of agency agreement contract dispute between major national property underwriter and its general agent for alleged errors and omissions in the issuance of a commercial general liability policy.
- Arbitrated underinsured motorist claim under personal automobile policy involving $2,500,000 claim for loss of earnings and business income.
AREAS OF SPECIALTY
- Commercial and business
- Insurance coverage, bad faith & fraud
- Employment
- Product liability
- Professional liability
- Personal injury
- Premises liability
- Construction defects
- Real Estate (incl. Landlord/Tenant)
- Medical Malpractice
PROFESSIONAL EMPLOYMENT & ACHIEVEMENTS
2003- Tell Mediation Services, Los Angeles, CA
1976-2002 Tell Cheser & Breitbart LLP, New York City, NY
1974-1976 Haight Gardner Poor & Havens, New York City, NY
Handled trials, appeals, and investigations as one of New York City’s leading insurance counsel representing insureds, companies, and brokers in property and personal injury, coverage, bad faith, business interruption, commercial litigation, arson, fraud, professional liability, E&O, negligence, subrogation, transportation/inland marine, jewelers block, automobile, construction.
Initiated major insurance fraud investigations in New York and New Jersey in conjunction with Organized Crime Task Force and Postal Inspector’s Office.
SEMINARS & LECTURES
Gave seminars and made presentations as guest speaker and panelist before over 50 insurance companies, brokerage firms, and legal organizations, regarding relevant and topical insurance and legal issues based on extensive experience and success as insurance counsel.
- Key note speech at NY Claims Association Conference before management-level claims professionals
- Training seminars for claims and SIU department personnel of insurance company clients such as Kemper, Allstate, State Farm, Cigna, Chubb, Fireman’s Fund on various topics.
- Panelist at Maritime and Insurance Claims Association Conference discussing proper investigation practices of seaman and longshoreman personal injury claims.
EDUCATION
2004 Pepperdine University School of Law Straus Institute for Alternative Dispute Resolution
2003 UCLA, Certificate in Alternative Dispute and Conflict Resolution- (2003)
1974 George Washington University Law School, JD With Honors
1971 University of Michigan, BA Economics, Honors Program
HONORS & AFFILIATIONS
Martindale-Hubbell, AV Peer-rated Attorney since 1991
Beverly Hills Courier “Top Attorney” 2010
LA Superior Court ADR Program, “Outstanding Volunteer” 2009
Southern California Mediation Association, Member
LA Mediators, Member
Beverly Hills Bar Association Section on Conflict Resolution, Executive Committee Member
LA Superior Court, Alternative Dispute Resolution Party Pay and Pro Bono Panels
2nd Appellate District Court of Appeal, Settlement and Mediation Panel Member
LA Superior Court Glendale & Santa Monica Courthouses, Crash Settlement Officer
Loss Executives Association Property Loss Research Bureau, Associate Member
Former Member of Board of Directors- Temple Emanuel of Beverly Hills, CA; President- Emanuel Arts Center; Temple Emanuel Family Choir.
Team Beverly Hills, Member
Beverly Hills Community Theatre, Member
National Alliance on Mental Illness West LA Chapter, Member
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