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Joseph D’Ambrosio

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Joseph D’Ambrosio is a partner in the firm. Joe has handled sophisticated disputes involving commercial transactions; insurance and reinsurance coverage; employment litigation; civil rights; NY Labor Law; unfair trade practices; and products liability. He has litigated extensively in the state and federal courts in New York and New Jersey, has successfully tried cases to verdict, and has argued appeals at all levels.

Joe has also handled many cases involving legal issues of first impression.  For example, he has won a landmark decision before New York’s highest court on Internet defamation. He also defeated a claim brought against a school district for the alleged forced drugging of a student. Joe also filed a highly publicized lawsuit on behalf of a reinsurer against a ceding company alleging the improper cession of tens of millions in financing charges in connection with a large underlying structured asbestos settlement.

In the context of insurance coverage, his recent successes include a landmark victory before the New York Court of Appeals on the scope of additional insured coverage, as well as victories before the United States Court of Appeals for the Second Circuit (anti-subrogation), New Jersey’s Appellate Division (priority of coverage and subrogation rights), and New York’s Appellate Division, First Department (fronting policies).   On the reinsurance side, Joe has represented reinsurers and retrocessionaires in litigations and arbitrations involving “follow the fortunes”/”follow the settlements” doctrines, exhaustion/allocation, breach of retention warranties, loss portfolio transfers, improper claims handling, commutations, late notice and fraud.

Joe also has extensive experience with New York’s Labor Law, both from a defense and coverage perspective.  He has been retained to defend policyholders in high exposure cases, including obtaining a defense verdict in the liability phase of a trial in which the plaintiff ultimately recovered $33M.  He also represents insurers in connection with the maze of coverage issues that arise out of these cases, including the priority and scope of additional insured coverage, and anti-subrogation. 

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    Trial Victory on Professional Services Exclusion Upheld on Appeal

    The Port Authority of New York and New Jersey v. RLI Insurance Company, et ano., Docket No. A-4862-18 (N.J. App. Div. July 28, 2021) In a unanimous decision, the New Jersey Appellate Division affirmed a trial ruling that RLI Insurance Company does not owe a defense to a putative additional…

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    “Follow Form” Does Not Mean “Follow the Fortunes”

    Aspen Specialty Ins. Co. v. RLI Ins. Co., Inc., 194 A.D.3d 206 (1st Dep’t 2021). In an issue of first impression, the Appellate Division reversed a trial court decision declaring that a follow form excess insurer was bound by a ruling against the primary insurer in a prior declaratory judgment…

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    Firm Wins Summary Judgment in NJ Construction Defect Coverage Action

    Recently, the Firm obtained summary judgment defeating efforts by a NJ condominium and developer for insurance coverage relating to claims of property damage caused by defective construction. Falcon Ridge Condominium Association v. Silver Fox, LLC, Docket No. L-860-2011 (Superior Court of New Jersey, Sussex County). Our client, Mt. Hawley Insurance…

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    Firm Wins Summary Judgment in Property Damage Subrogation Case

    Selective Insurance Company v. Phillipsburg Marble Company, Index No. 157588/2012 (Sup. Ct., N.Y. Cty). The firm recently obtained summary judgment on behalf of Selective Insurance Company as subrogee of its insured, Joseph Natoli Construction (“Natoli”), the general contractor on the Statue of Liberty monument renovation.  The court held that Sentinel…

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    Blurred Lines: When Does Internet Service Provider Lose Immunity

    Joseph D’Ambrosio and Andrew I. Mandelbaum write about section 230 of the Communications Decency Act of 1996, which protects Internet service providers, website hosting services, and domain name registrants / site administrators, and certain other providers of online services, from being treated as the publisher of actionable content placed on…

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