Cases
Significant Representative Matters: Trial verdict for insurer in a matter regarding the reformation of a complex insurance program for a holding company with over 200 subsidiaries. Case involved testimony from senior officers from the insured corporation
the insurer
broker. Policy was reformed on behalf of the insurer to add a subsidiary
, therefore, subject to an exclusion for negligent operation of vehicle in the course of employee's duties for the employer.
Trial verdict for insurer on assault
battery exclusion. Court applied exclusion
found no duty to defend or indemnify after denying summary judgment earlier in the case. Decision upheld on appeal to the Pennsylvania Superior Court.
Summary judgment for insurer in a matter involving the alleged faulty construction
site selection for a multi-million dollar mining project. Court held that the insured engineer's work was not an occurrence
fell within the policy exclusions for professional services
work product of the insured. Court further rejected attempts by insured counsel to apply a continuous trigger theory of causation in a property damage case
held that the claim manifested prior to the inception of the policy.
Summary judgment for insurer applying interrelated businesses exclusion in a directors & officers' liability claim. Court held that criminal check kiting scheme by necessity utilized the checking accounts of an uninsured business as well as the insured business
triggered the exclusion as a matter of law.
Summary judgment for insurer on issue of whether plaintiff was a dual employee of two affiliated corporations
subject to employers liability exclusion. After reviewing factual testimony from company officers, Court agreed that insured company was a dual employer of the plaintiff although his W-2s
employment file were with an affiliated company.
Summary judgment for insurer enforcing insured's UIM stacking waiver. Court found that the statute requiring issuance of an important notice did not provide a statutory remedy for an insurer's failure to issue the notice
that the waiver was, therefore, valid despite statutory violation.
Summary judgment for insurer finding no ambiguity in blank retroactive date on claims made policy. Court applied regulation defining retroactive date to hold that a blank date equated inception date, not full prior acts.
Judgment on the pleadings for insurer on duty to indemnify real estate appraiser in sub prime litigation complaint. The Court held that the allegations of fraud
conspiracy were not negligent wrongful acts under the professional liability policy.
Published Works: Keeping the Faith. Underst
ing Reverse Bad Faith, Claims Management, May 2016
Contract Confusion: Clearing up the Differences Between Risk Transfer Concepts in Construction Agreements, Claims Management, May 2014
What's In Your Manual? A Three-Step Guide For Windstorm Claims Management, Claims Management, August 2013
Have Reservations? 10 Tips For Coverage Position Letters, Litigation Management, Spring 2012
Co-Author: Commonly Litigated Coverage Issues Involving Personal Automobile Policies, Insurance Law H
book, New York State Bar Association, 2000
Infant Switch Spotlights Risk at Hospitals, National Underwriter, October 5, 1998
Contributing Author: Procedural Issues Unique to a Product Liability Lawsuit (Supplement), Products Liability in New York - Strategies
Practice, 1999
Contributing Author: Strategies
Tactics in the Wake of Tort Reform (Supplement), Preparing for
Trying the Civil Lawsuit, 1999
