Insurance and Reinsurance Coverage
Capri Holdings Limited v. Zurich Am. Ins. Co., Docket No. BER-L-2322-21 (NJ Sup. Ct. Bergen Cty.)
In this action we obtained a dismissal with prejudice of a policyholder’s claim for reimbursement of purported losses in the amount of $500 million under two commercial property insurance policies issued by our client, for alleged business interruption losses the policyholder sustained as a result of the COVID-19 pandemic. On motion to dismiss, we successfully argued that the policyholder was not entitled to the requested coverage because its losses were not the result of “direct physical loss of or damage to” its property, which is a prerequisite for business interruption coverage under the applicable policies. The court dismissed the policyholder’s claim with prejudice.
Reliance Group Holdings v. Nat’l Union Fire Ins. Co., 188 A.D.2d 47 (1st Dep’t).
Successfully defended a landmark case in which the appellate court determined that a professional liability carrier was not required to indemnify an insured for damages awarded against it in a shareholders suit because the insured was not entitled to indemnification under the policy for restitution of “greenmail” profits.
Insurance Corp. of Ireland v. KCC NY Syndicate Corp., 174 A.D.2d 362 (1st Dep’t).
Successfully defended reinsurance intermediary in action brought by ceding company charging that the reinsurance intermediary negligently failed to place facultative reinsurance prior to an explosion in the underlying insured’s oil refinery. Obtained judgment in favor of client and affirmance of judgment on appeal by establishing that reinsurance was placed and ceding company violated the warranty of “no known or reported losses.”
Olin Corp. v. Lamorak Ins. Co., 332 F. Supp. 3d 818 (S.D.N.Y.).
Obtained judgment on behalf property and casualty insurers dismissing contribution claims of non-settling insurer in case of first impression in New York. Argued successfully before district court that contribution from settling parties is at odds with New York’s strong public policy favoring amicable resolutions of claims and promoting finality in settlement.
Counsel and represent large property and casualty insurer regarding its diacetyl bodily injury exposure for claims against insureds nationwide, including litigating the following coverage suits: Int’l Flavors & Fragrances, Inc. v. Valley Forge Ins. Co. (Circuit Court, Waukesha Cty., WI); Continental Ins. Co. v. Sethness-Greenleaf, Inc. (Circuit Court, Cook Cty, IL); Continental Cas. Co. v. Citrus and Allied Limited (Supreme Court, NY Cty., NY); Columbia Cas. Co. v. Sensient Flavors LLC (D.N. Ga.).
Continental Casualty Co. v. Illinois Union Ins. Co. (N.Y. Sup. Ct., Nassau County).
Successfully defeated the claim of an owner of a large apartment complex that it was covered as an additional insured under contractor’s policy, for lawsuits commenced by tenants, for bodily injury and property damage from exposure to mold, which resulted from water damage due to defects in construction of complex.
Obtained $20 million arbitration award on behalf of major liability carrier regarding the breach of a defense reimbursement agreement by another liability carrier.
Olin Corp. v. Insurance Company of North America, 84 Civ. 1968 (TPG) (S.D.N.Y.).
Obtained summary judgment for property and casualty carriers dismissing over 100 sites in multi-site environmental coverage action.
Complex Business Litigation
Fertico Belgium, S.A. v. Phosphate Chem. Export Ass’n, 70 N.Y.2d 76 (Court of Appeals).
Obtained jury verdict (which was eventually affirmed on appeal) for international commodities trader that suffered damages when a seller breached its contract to timely deliver goods and the commodities trader sought to cover those goods in order to avoid breaching its own obligations. The state’s highest appellate court agreed with the jury verdict awarding the commodities trader the increased costs it incurred in obtaining substitute product, plus its consequential and incidental damages.
Toshiba America, Inc. v. Simmons, 104 A.D.2d 649 (2d Dep’t).
On appeal, successfully defended wrongful termination claim by employee by convincing the appellate court that New York’s at-will employment rules had not been replaced by a recent Court of Appeals’ decision, and that the law will not read an employment term into an employment arrangement unless there is written evidence of a specific term.
Alma Bank v. Pugliese, 2020 N.Y. Misc. LEXIS 15921 (Supreme Court, Queens Cty.)
Obtained the annulment of a transfer of real property without consideration as a fraudulent transfer to avoid payment of a bank loan in which the property owner had guaranteed.
Successfully tried action in which plaintiffs complained that medical equipment manufacturer’s sale of a fleet of mobile medical imaging machines to one of its customers constituted the illegal sale of securities under federal securities and state blue sky laws.
Soon v. Gunnerman (D. Nev.)
Won multi-million dollar recovery for banking client that had funded a start-up alternative energy company after establishing that principals of the company had made false representations and misused the invested funds.
Business and Corporate Law
Represented investment advisory services company in the merger of its business with that of another investment advisory services company to form a company with approximately $750 million under management.
Represented the shareholders of a Texas apparel corporation with in excess of $100 million in revenues in the sale of that business.
Represented apparel company which marketed products associated with an iconic entertainer and recording star and developed strategies for licensing those products and prepared licenses.
Represented large metropolitan-based copier company in the acquisition of another metropolitan-based copier company.
Represented numerous highly compensated executives in the apparel and media industry, including negotiating and drafting their employment agreements.
Negotiated and drafted numerous joint venture agreements to develop and sell residential property.
Construction & Labor Law Litigation
Obtained injunctive relief on behalf of real estate developer squeezed out of a multi-million dollar development project by joint venturer, enjoining the joint venturer from interfering with the developer’s marketing and sales effort, and overall control of the project.
Jordan v. Blue Circle Atlantic, 306 AD2d 741 (3d Dep’t).
Successfully tried New York labor law claim on behalf of a manpower agency where plaintiff suffered nerve damage to his limbs from injuries suffered while repairing a large kiln for the manufacture of bricks.
Products Liability & Tort Litigation
Cortez v. Gersh, 170 A.d.3d 491 (1st Dep’t).
In an action alleging that laborers suffered severe injuries from a 16 foot fall from scaffolding, obtained a dismissal of the action on the basis that the laborers had signed a release stating the settlement amount constituted payment of all damages and injuries against all tortfeasors, despite payment not having been made on behalf of all defendants.
Regalado v. Independent Welding Supply Co. (N.Y. Sup. Ct., Bronx County).
Obtained judgment for manufacturer of canister sued by plaintiff who was severely burned when canister containing propane exploded, by proving that plaintiff could not establish that the canister was made by the manufacturer.
Allen v. Toshiba Corp., 599 F. Supp. 381 (D.N.M.)
Had claims by copier dealer that the manufacturer’s products were defective dismissed against the manufacturer because of failure to allege a cognizable claim.
Chang v. Town of Clarkstown (N.Y. Sup. Ct., Rockland County).
Obtained dismissal of conveyer belt manufacturer from wrongful death action brought by a widow of deceased truck driver by establishing that the purported malfunctioning of the conveyor belt was not the proximate cause of the accident.
Cusano v. Hydrometals (N.Y. Sup. Ct., Rockland County).
Successfully obtained dismissal on behalf of a manufacturer of TV timers of the claim of an infant plaintiff by persuasively arguing that evidence as to TV timer manufacturer’s liability was to speculative. The plaintiff obtained multi-million dollar settlement from other defendants, for the brain damage he suffered from being allegedly electrocuted by the timer.
