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Alfred L. D’Isernia, III

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Al is a seasoned litigator with a proven track record, including trials and appeals in federal and state venues on matters involving insurance and reinsurance, product liability, intellectual property and commercial disputes. Al’s practice includes representation of both large and small corporations ranging from Fortune 500 companies to start-up businesses.  The experience that Al has gained from litigating complex business disputes provides him with a unique insight into forming corporate entities and structuring business transactions. Al also has substantial experience in managing international intellectual property portfolios of footwear and apparel clients.

In the context of insurance coverage, Al has obtained summary judgment in a declaratory judgment proceeding in the Complex Commercial Division of the Delaware Superior Court for a primary insurer against excess insurers on the issue of “number of occurrences” concerning coverage for multimillion dollar products claims.  Al also has extensive experience litigating declaratory judgment proceedings in NY and NJ State and Federal Courts.  Specifically, Al defeated claims against an insurer in a high-profile action seeking a declaration that his client’s policies provided non-aggregated “non-products” coverage for underlying asbestos bodily injury actions.  On the reinsurance side, Al has successfully represented a reinsurer against claims that involve Loss Portfolio Transfers.

In addition, Al has successfully litigated product liability claims on behalf of product manufacturers, including a trial in NJ Federal Court of a catastrophic arm-off claim against a manufacturer of a telescoping conveyor belt.  Al also litigates construction liability cases, and has obtained summary judgment in a labor law action where the injured contractor fell from a ladder resulting in several spinal fusion surgeries.

Al also has substantial experience litigating and counseling his clients on intellectual property matters, which include defending claims of trademark infringement and cybersquatting against a large civil engineering firm as well as claims of trademark infringement and counterfeiting against a NY-based footwear and apparel company.  Al has also successfully registered numerous trademarks as well as successfully opposed the trademark registrations of the competitors of his clients.

Al has been rated by Super Lawyers as a New York Metro Rising Star in 2013 & 2014.

  • Representative Matters

    Insurance and Reinsurance Coverage

    Granite State Ins. Co. v. Transatlantic Reinsurance Co., 2013 N.Y. Misc. LEXIS 6142 (Sup. Ct., N.Y. Cty, December 23, 2013).

    Prevailed on behalf of reinsurer on cedent’s motion to dismiss reinsurer’s Loss Portfolio Transfer-based defenses.

    Valley Forge Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2012 Del. Super. LEXIS 130 (Del. Sup. Ct. March 15, 2012).

    Obtained summary judgment for primary insurer against excess insurers on “number of occurrences” issue concerning coverage for multimillion dollar products claims.

    Continental Cas. Co. v. Employers Ins. Co. of Wausau, 923 N.Y.S.2d 538 (1st Dep’t 2011).

    Defeated claims against insurer in high-profile action seeking declaration that client’s policies provided non-aggregated “non-products” coverage for underlying asbestos bodily injury claims.

    Mt. Hawley Ins. Co. v. Swift Construction, 2018 U.S. Dist. LEXIS 55026 (D.N.J. Mar. 29, 2018).

    Prevailed on summary judgment in a subrogation action seeking reimbursement of $1 million paid to settle an underlying personal injury action arising out of a construction work-site accident. Established that indemnity agreement was Azurak-compliant and enforceable despite being executed after the accident where the contract date pre-dated the accident.

    Products Liability & Tort Litigation

    Aly v. Federal Express, Inc., 2008 U.S. Dist. LEXIS 72319 (D.N.J. Sept. 23, 2008).

    Obtained favorable settlement during trial in favor of conveyor manufacturer on product liability claims.

    Intellectual Property

    Savin Corp. v. The Savin Group, 391 F.3d 439 (2d Cir. 2004).

    Successfully represented professional engineering company against a trademark infringement, trademark dilution and cybersquatting action.

    Construction & Labor Law Litigation

    Neuman v. IBM, 880 N.Y.S.2d 874 (Sup. Ct., Dut. Cty. 2009).

    Won summary judgment dismissing strict liability and negligence claims in construction accident action.

  • Latest News & Articles

    Ford Marrin Attorneys Recognized by Super Lawyers

    Two Ford Marrin partners, Al D’Isernia and Andrew Mandelbaum, were named by Super Lawyers as New York Metro Rising Stars for 2014.  Super Lawyers recognizes outstanding attorneys who have attained a high degree of peer recognition and professional achievement. Attorneys are selected annually through research and peer reviews.

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