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Anderson Kill Loss Advisors
Anderson Kill Insurance
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Robert M. Horkovich

Shareholder - New York
rhorkovich@andersonkill.com
T. 212-278-1322
F. 212-278-1733

Practice Areas

Insurance Recovery
Bankruptcy and Restructuring
Environmental Law

 

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Insurance recovery attorney

Robert M. Horkovich is "the 'go-to person' in the area of insurance recovery," according to a client cited by Chambers USA, which has recognized Mr. Horkovich as a leading insurance recovery attorney every year since 2005.  According to Chambers, Mr. Horkovich “has a strong ‘client-first’ attitude” and “is recognized in the market for his leading trial and negotiation skills, with an undisputed national presence.”  Bob was recognized as an “Insurance MVP” by Law360 in 2012 and was named Lexis/Nexis “Policyholder Lawyer of the Year” in 2009.  He is rated “AV® Preeminent™ Peer Review Rated” in Martindale Hubbell.

Bob has obtained over $5 billion in settlements and judgments from insurance companies for his clients over the past decade.  Bob is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders.  His victories include one of the top 10 jury verdicts in the United States in 2003, the top insurance recovery jury verdict in the United States in 2005, seven landmark state Supreme Court decisions, eight jury verdicts and eight bench trial decisions in favor of the policyholder since 1994 including:

  • United Nations:  Engaged on several significant projects by the United Nations as its general insurance counsel.
  • State of California:  Selected by the State of California as lead trial counsel.  Won jury verdict securing coverage for the Stringfellow Acid Pits, described as the most complex environmental clean-up in the world.  To date, the State has recovered settlements in excess of $130 million in indemnity plus $54 million in defense.  Helped win two Supreme Court victories (below).
  • Fuller-Austin:  Won jury verdict of $188,793,014 against Lloyd's and other insurance companies in an asbestos insurance coverage case (a top 10 verdict in the U.S. in 2003); subsequently settled.  Gross settlements of over $190 million from 14 different insurance companies before trial.
  • Weyerhaeuser:  Two Washington Supreme Court decisions recognizing joint and several liability of multiple insurance companies on the risk over time and recognizing coverage for environmental clean-ups even without a government lawsuit.  Two jury trial victories recognizing coverage for the clean-up of six environmental sites.
  • Textron:  Two Rhode Island Supreme Court decisions regarding coverage for unintentional environmental contamination despite the pollution exclusion and recognizing the trigger of multiple years of coverage for property damage over time.
  • AT&T:  Lead insurance recovery attorney against CNA in the successful resolution of AT&T's environmental insurance coverage litigation for a $300 million site in Pennsylvania.

Bob has represented General Electric, Thiokol, Waste Management, Clorox (First Brands), Saks Fifth Avenue, NYU, Princeton University, United Bank, Spalding, Cascade, Tektronix, Maidenform, Bijan and Evander Holyfield.

As to asbestos insurance recoveries, Bob represents the Trusts in the W.R. Grace, Owens Corning, Congoleum, Fuller-Austin, and Swan Transportation (Tyler Pipe) cases, the Debtor in the Asarco case, and the Asbestos Claimants' Committee in the Federal Mogul, PPG/Pittsburgh Corning, and A.P. Green (GIT) bankruptcies.

Mr. Horkovich has been selected by his peers for inclusion in Best Lawyers for insurance law in every year since 2009 and Super Lawyers for Insurance Coverage since 2006.

He has been selected as a Fellow of the American Bar Foundation, the premier institute for social science research regarding law in the USA, an honor limited to one-third of one percent of the lawyers in America.
 
Insurance Coverage Trials

State of California v. Underwriters at Lloyds, et al.
, No. 239784 (May 16, 2005).  Jury verdict in favor of coverage for the State of California's clean-up of the Stringfellow Acid Pits, described by a federal court as the most complex environmental clean-up in the world.  Jury found all five (5) remaining insurance companies breached their contracts and rejected every coverage defense.  The State recovered settlements of $130 million in indemnity plus $54 million in defense.

Fuller-Austin Insulation Co. v. Fireman’s Fund Insurance Co., et al., No. BC116835 (Los Angeles Superior Court) (May 5, 2003).  Jury verdict of $188,793,014 in favor of policyholder against Lloyd’s, Stonewall Insurance Company and Highlands Insurance Company in an asbestos insurance coverage case (a top 10 jury verdict in the U.S. in 2003).  Affirmed in part and reversed in part on appeal.  Two previous bench trials.  Gross settlements of over $190 million from 14 different insurance companies achieved before trial.  Over $50 million in settlements achieved after trial.

Wausau v. Tektronix, CCV 9908032 (Clackamas County, Oregon).  (June - August 2002).  Jury verdict and declaratory judgment in favor of coverage at six environmental sites despite Wausau’s claim that alleged 15 year late notice was worst in Wausau's history; also won attorneys' fees.  Bench trial regarding coverage for RCRA - rather than CERCLA - clean-up.

Waste Management, Inc. v. Admiral Insurance Co., et al., Docket No. HUD-L-931-92.  (New Jersey Superior Court, Hudson County).  (October 2001 - January 2002).  Won trial of insurance coverage for environmental liability at five New Jersey sites.  All but a few insurance companies settled before or during trial.

Pereira, Trustee of Payroll Express v. Marshall & Sterling, Inc., No. 92-B-43150 (CB)/98-8405A.  (U.S. Bankruptcy Court, Southern District of New York).  (January - May 2002).  2005 WL 2438444.  Tried and won an insurance broker malpractice action resulting in a judgment in excess of $21.8 million in bankruptcy court.  District Court reversed - case was settled.

Weyerhaeuser Co. v. Commercial Union Ins. Co., No. 92-2-05214-8 SEA.  (March 2002).  Bench trial resulting in decision in favor of coverage at Commencement Bay; also won attorneys' fees.

ZRZ Realty Company, et al. v. Beneficial Fire & Casualty Company, et al., Circuit Court No. 9708-06226.  (Oregon Superior Court, Multnomah County).  (October - December 1999).  Won trial establishing defense obligation and declaratory judgment to pay future environmental clean-up costs; also won attorneys' fees.  All but Lloyd's settled before or during trial.

Bijan Designer for Men, Inc. v. Fireman’s Fund Insurance Co., No. 603814/97.  (New York Supreme Court, New York County).  (December 1999).  $9 million jury verdict in favor of policyholder on insurance claim arising out of the St. Regis Hotel fire.

Cascade Corp. v. American Home Assur. Co., et al., No. 9205-03083.  (Oregon Superior Court, Multnomah County).  (July - October 1998).  Won trial establishing Lloyd's missing policies, jury declared $11 million in environmental clean-up costs covered; declaratory judgment to pay certain future environmental clean-up costs; also won attorneys' fees.  All but Lloyd's and Employers Re settled before trial.  Affirmed by Court of Appeals on appeal.

Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al., No. 92-2-05214-8 (MJP) (Civil Track I).  (Washington Superior Court, King County).  (June 1997).  Commercial Union offered $4 million judgment against itself the day before a 10 environmental site trial.

McLean v. Continental Casualty Co., 95 Civ. 10415 (HB).  (U.S. District Court, Southern District of New York).  (1997).  Won jury verdict and judgment for full policy limits in travel accident life insurance case; also won attorneys' fees.

Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al., No. 92-2-05214-8 (MJP) (Civil Track I).  (Washington Superior Court, King County).  (April 1996).  Jury recognized coverage for five of seven Washington environmental sites; also won attorneys' fees.

Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al., No. 92-2-05214-8 (MJP) (Civil Track I). (Washington Superior Court, King County).  (October 1994).  Jury found coverage for Mid-State Superfund site; also won attorneys' fees.  33 out of 34 insurance companies settled before trial.

Reported Appellate Cases

Cleaver-Brooks, Inc. v. AIU Ins. Co.
, 351 Wis.2d 643, 839 N.W.2d 882 (2013), rev. denied, (2014). Established that excess insurance companies sharing a layer of coverage can be ordered to pay the policyholder simultaneously and not sequentially.

State of California v. Continental Ins. Co.
(2012), 55 Cal.4th 186.  Won landmark decision from California Supreme Court establishing that policyholders are entitled to the entire limits (all sums) of their insurance policies instead of some reduced pro-rata share and that policyholders are entitled to the benefits of policies for all years (stack), not just a single year, in which the loss occurred.

State of California v. Allstate Ins. Co. (2009) 45 Cal.4th 1008.  Won landmark decision from California Supreme Court establishing that policyholders are entitled to coverage for whole loss when there are both covered and uncovered causes unless the insurance company can bear its burden to prove the exact amount of the loss attributed to the uncovered cause.  Also won decision that the polluter's exclusion applied to the discharge from, and not into, the contaminant facility, which significantly narrowed the application of the polluter's exclusion.

Cascade Corp. v. American Home, et al.
, 135 P.3d 450, 206 Or. App. 1 (Or. Ct. App. 2006) (excess insurance companies are jointly & severally liable under all sums policy language, no proration to policyholder, and no off-sets for settlements or "other insurance" clauses).

Chickasha Cotton Oil Co. v. Houston General Ins. Co., et al., 2002 WL 1792467 (Tex. App. – Dallas) (2002) (pollution exclusion does not apply to coverage for personal injury, alleged misconduct by insurance companies gives rise to bad-faith and unfair settlement practice claims, the terms of missing policies may be proven by secondary evidence and mandatory insurance forms filed with state insurance departments or specimen policies from the insurance company).

Weyerhaeuser Co. v. Commercial Union Ins. Co., 142 Wn.2d 654, 15 P.3d 115 (2000) (argued and briefed winning case recognizing (1) no general aggregate limit in standard form policies for claims other than products claims, (2) non-settling insurance company bears burden of showing that the policyholder was made whole, and (3) policyholder entitled to coverage even though policyholder had no relation to property during policy period).

Textron Inc. v. Aetna Cas. & Sur. Co., 754 A.2d 742 (RI 2000) (briefed winning case recognizing that the word "sudden" in the polluter's exclusion can mean unexpected and that policyholders' good faith effort to contain toxic waste is covered).

Textron Inc. v. Aetna Cas. & Sur. Co., 723 A.2d 1138 (RI 1999) (briefed winning case regarding trigger of coverage).

American Nat. Fire Ins. Co. v. B & L Trucking & Const. Co., 134 Wn.2d 413, 951 P.2d 250 (1998) (amicus curiae) (briefed winning case).

Thiokol Corp. v. Certain Underwriters at Lloyd’s, London, 1997 U.S. Dist. LEXIS 8264, 1997 WL 33798359, No. 96-CV-028-B (D. Utah May 6, 1997) (briefed winning federal district court case mandating trial despite arbitration clause) (also prevailed procedurally at 10th Circuit).

Olds-Olympic, Inc. v. Commercial Union Ins. Co., 129 Wn.2d 464, 918 P.2d 923 (1996) (amicus curiae) (briefed winning case).

Continental Cas. Co. v. Diversified Indus. and AT&T Nassau Metals Corp., 884 F.Supp. 937 (E.D. Pa. 1995) (argued and briefed winning federal district court case setting out right to assign an insurance claim).

Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., 123 Wn.2d 891, 874 P.2d 142 (1994) (argued and briefed winning case recognizing that liability policies cover environmental liabilities even when policyholder performed environmental clean-up cooperatively without suit).

City of Edgerton v. General Cas. Co., 184 Wis.2d 750, 517 N.W.2d 463, 48 A.L.R. 5th 803 (1994) and 172 Wis.2d 518, 493 N.W.2d 768 (Ct. App. 1992) (amicus curiae Wisconsin Public Intervenor, Wisconsin Environmental Decade) (briefed winning case).

People v. Peck, 68 N.Y.2d 928, 502 N.E.2d 991, 510 N.Y.S.2d 76 (1986) (argued and briefed winning case including constitutional issue of first impression for New York).

Expert Testimony

Identified as an expert witness by Chubb regarding bad faith claims handling practices of AIG/Chartis in Federal Insurance Company v. Cherokee Ardell, L.L.C., International Risk Group, L.L.C., and American International Specialty Lines Insurance Company (D.N.J.).

Opinion solicited in a case presented to the Korean Supreme Court in Oriental Fire & Marine Ins. Co., Ltd. v. Daehan Fire & Marine Ins. Co., Ltd. regarding fidelity bond coverage under US insurance forms.

Recognized as an expert by the Court and by CNA in APA-The Engineered Wood Association v. CNA, No. 96-2-08391-2 (Pierce County, Washington) (Court credited his expert testimony in awarding policyholder full recovery plus attorneys' fees).

Identified as an expert regarding insurance company practices in Browning-Ferris Industries, Inc., et al. v. Certain Industries at Lloyd's London, et al., No. 98-56362-A (80th Judicial Dist., Harris County, Texas).

Regulatory Drafting

Participated in the drafting of the environmental insurance coverage regulations for the State of Washington, Washington Administrative Code 284-30-920.  This was the first set of insurance regulations adopted in the country specifically dealing with the handling of environmental claims.  Interviewed on PBS "All Things Considered," July 1995.

Publications – Books

Co Editor:  "The Policyholder Advisor," Juris Publishing, December 2002.

Book Chapter:  "Site Pollution Liability Insurance," Environmental Liability and Insurance Recovery (American Bar Association: Tort Trial & Insurance Practice Section, May 2012) (with Rene F. Hertzog and Peter A. Halprin)

American Management Association Year 2000 Legal Liability, Legislation and Litigation Deskbook for Lawyers and Managers.

Publications - Articles

"Excess Exhaustion," Risk Management Magazine (August 2014) (with Robert Y. Chung)

"Long-Tail Claims and Insurance Archeology: Why You Need Historic Insurance and How to Reconstruct It," Enforce: The Insurance Policy Enforcement Journal, Volume 12, Issue I (2014) (with Diana Shafter Gliedman)

"Tough Love Gets Claims Paid," PropertyCasualty360 (June 25, 2014) (with Finley Harckham)

"10 Tips For Getting Claims Paid," Metropolitan Corporate Counsel (May 20, 2014) (with Carrie Maylor DiCanio)

"Mitigating Business Interruption Exposures from Cyberattacks," Risk Management Magazine (May 1, 2014) (with Marshall Gilinsky)

"Dramatic Changes on the Horizon for CGL Coverage Law," Advisen (April 8, 2014) and Risk Management Magazine (November 1, 2013) (with Scott Turner)

"Giving Notice: New ACORD Changes for Certificates of Insurance," Risk Management Magazine (September 4, 2013) (with Pamela D. Hans)

"The Hidden Value of Historic Insurance Coverage," Risk Management Magazine (June 2013) (with Diana Shafter Gliedman)

"Preventing Insurance Companies from Wrongfully Denying Storm-Related Claims," Risk Management Magazine (April 2013) (with Rhonda D. Orin)

"Challenging Unfavorable Arbitration Clauses," Risk Management Magazine (February 5, 2013) (with Alexander D. Hardiman)

"
All Sums, All Policies For Long-Tail Claims," Advisen (March 7, 2013); Risk Management Magazine (November 26, 2012) and AKO Policyholder Advisor, Volume 21, Number 5 (September/October 2012) (with Edward J. Stein)

"The D&O Flashpoints for Libor-Related Insurance Claims," Risk Management Magazine (September 2012) (with Alexander D. Hardiman)

"Current Trends in Site-Specific Environmental Coverage," AKO Policyholder Advisor (May/June 2012) (with Rene F. Hertzog and Peter A. Halprin)

"10 Tips for Getting Claims Paid," Advisen (September 11, 2012), Risk Management Magazine (June 2012) and The National Law Review (June 2012)

"How the New SEC Settlement Policy Affects Your D&O Coverage," The National Law Review (April 9, 2012) and Risk Management Magazine (April 2012) (with Alexander D. Hardiman)

"Settlements with Underlying Insurance Companies Discouraged by Some Courts," AKO Policyholder Advisor (February 2012) (with Robert Y. Chung)

"More Courts Discouraging Policyholder Settlements in Excess Claims Cases," Risk Management Magazine (February 2012) (with Robert Y. Chung)

"Buying the Right Employment Practices Liability Insurance Policy," Risk Management Magazine (November 2011) (with Darin J. McMullen)

"How the 'Other Coverages' Exclusion Can Cost You Millions," Risk Management Magazine (September 2011) (with Cort T. Malone)

"Declining Asset Values and Fidelity Insurance Coverage," Risk Management Magazine (June 2011) (with Edward J. Stein and Peter A. Halprin)

"Climate Change and the Duty to Defend," Risk Management Magazine (March 2011) (with John G. Nevius)

"Insurance Claims for Supply Chain Aftershocks of the Japanese Earthquake and Tsunami," The National Law Review (April 2011), Risk Management (March 2011) and AKO Policyholder Alert (March 18, 2011) (with Finley Harckham)

"Maximizing Recovery On Product Liability Insurance Claims," Risk Management Magazine (December 2010) (with Alex Hardiman)

"Ten Tips for Mitigating Risk in Construction Projects," Risk Management Magazine (October 2010) and The National Law Review (October 2010) (with Kevin J. Connolly)

"Insurance Coverage for the Gulf Coast Oil Spill Losses," Risk Management Magazine (June 2010) and AKO Policyholder Alert (May 2010) (with John G. Nevius and Marshall Gilinsky)

"Improve Your Policy Wording During Soft Markets," Risk Management Magazine (March 10, 2010) (with Marshall Gilinsky)

"Clause reflects Katrina," Interview, Business Insurance (November 22, 2009)

"New Laws, New Liabilities," Risk Management Magazine (December 2009) (with Mark Garbowski)

"
Mind the Gap," Risk Management Magazine (October 2009) (with Kevin J. Connolly)

"
How to Choose a Domicile," Risk Management Magazine (July/August 2009) (with Phillip England)

"
Brands At Risk," Risk Management Magazine (May 2009) (with Diana S. Gliedman and Kanishka Agarwala)

"
Captive Confusion," Risk Management Magazine (March 2009) (with Phillip England and Randall Beckie).

"
Coverage for Subprime Lawsuits," Risk Management Magazine (December 2008)

"
Historic Insurance Assets," Risk Management Magazine (October 2008)

"
Rent-a-Captive Taxes Demystified," Risk Management Magazine (August 2008)

"Insurance Recoveries for World Trade Center Asbestos Losses," Interview, NY Japion (June 22-28, 2007)

"No Time Like The Present:  Current Insurance For Future Costs And Claims," Corporate Counsel (January 2003)

"No Time Like The Present:  Insurance Coverage For Present Liabilities Including Future Damages," Corporate Legal Times (December 2002)

"Courts Affirm Recovery of Future Claims Now," Business Insurance (July 29, 2002)

"No Time Like The Present:  Current Insurance Recoveries For Liabilities That Include Future Costs And Claims," Executive Insurance Alert (Summer 2002)

"No Time Like The Present:  Current Insurance Recoveries For Present Liabilities That Include Future Costs And Claims," Policyholder Advisor, Volume 11, Number 4 (July 2002)

"Insurance Coverage For Power Interruptions -- In California and Elsewhere," Corporate Legal Times (March 2001)

"Insurance Coverage for Employee Theft Losses:  A Policyholder’s Primer For Recovery From Fraud Losses"; University of Memphis Law Review, Vol. 29, No. 2 (Winter 1999)

"Insurance Coverage for Intellectual Property Liabilities Under the 'Advertising Injury' Coverage Provision In Liability Insurance Policies," PLI’s Fifth Annual Institute for Intellectual Property Law (1999)

"Financial Institution Bonds or Fidelity Bonds:  Recovering From Fraud Losses," U.S. Insurance Report (Spring/Summer 1998)

"Infringement Insurance," Intellectual Property Worldwide (March/April 1999)

"Potential Liability Coverage for Wrongful Extraction Claims," Mining Lawyers Conference (September 1997)

"Financial Institution Bonds or Fidelity Bonds:  Recovery from Fraud Losses," Bank Fraud, Vol. 11, No. 2 (March 1996)

"Maximizing the Benefits of Your Environmental Insurance Coverage," Eastern Mineral Law Foundation (1996)

"Easing Environmental Liability Insurance Coverage Claims," Journal of Environmental Law & Practices (June 1995)

"Intellectual Property Insurance under the 'Advertising Injury' Coverage Provision in Liability Insurance Policies," Copyright World (April 1995)

"Why Stonewalling Pollution Issues Fails," Insurance Journal (February 6, 1995)

"Insured Agreement Environmental Liabilities," Recycling Today (May 15, 1992)

"The Reel Issue," Real Estate Environmental Liability News (March 10, 1995)

"Why Insurance Companies Say No," New York Times Sunday Business Section, at F13, Sunday (May 2, 1992)

"Heads We Win; Tails You Lose:  Insurance Companies Shortchange Policyholders on Advertising and Personal Injury," Practicing Law Institute (May, 1992)

"The Confrontation in the Electoral Forum Between Compelled Disclosure and Freedom of Association," Fordham Urban L.J., Vol. VI, No. 3, Spring 1978, reprinted in Practicing Law Institute, Election Law (1979)

Speeches

"Insurance Trends and Loss Mitigation Strategies," American Association of Port Authorities, Philadelphia, PA (October 8, 2014)

"Environmental Insurance Coverage for NRD, CERCLA, RCRA, OPA and Other Claims: Identifying Coverage in Existing Policies, Navigating Pollution and Owned Property Exclusions, and Determining Scope of Damages," Strafford Publications CLE Webinar, New York, NY (August 14, 2014)

"Pleading Insurer Bad Faith Claims: Surviving or Filing a Motion to Dismiss - Navigating Evolving Bad Faith Pleading Standards Post Iqbal and Twombly," Strafford Publications CLE Webinar, New York, NY (August 13, 2014) (with Mark Garbowski)

"When Covered and Uncovered Losses Coincide," RIMS 2014 Annual Conference, Denver, CO (April 30, 2014)

"Ten Tips for Getting Claims Paid," RIMS 2014 Annual Conference, Denver, CO (April 29, 2014)

"Workers Compensation Insurance Issues," Westchester-Fairfield CPCU CLE Seminar, Stamford, CT (November 20, 2013)

"Asbestos Manufacturing: Key Insurance Issues Impacting Asbestos Coverage," Industry Breakout Sessions: Important Issues Affecting Key Industries, 17th Annual Policyholder Advisor Conference, New York, NY (October 17, 2013) (with Cort T. Malone and Robert Y. Chung)


“Trigger, Allocation, Non-products, Deductibles, Number of Occurrences, Asbestos Reserves, and Beyond: Key Insurance Issues Impacting Asbestos Coverage,” ACI’s 14th Advanced Forum: Asbestos Claims & Litigation, Chicago, IL (June 27, 2013)

"Insurance Coverage Issues Related to Natural Catastrophes," Society of Risk Management Consultants Spring Conference, Indianapolis, IN (April 19, 2013)

“Asbestos/Manufacturing: Recent Trends and Decisions in Litigation Involving Asbestos and Other Long Tail Liabilities,” Industry Breakout Sessions: Important Issues Affecting Key Industries, 16th Annual Policyholder Advisor Conference, New York, NY (October 25, 2012) (with Cort T. Malone and Robert Y. Chung)

"Helping CFOs/CEOs with M&A Due Diligence," 16th Annual Policyholder Advisor Conference, New York, NY (October 25, 2012) (with Diana Shafter-Gliedman)

“Insurance All Sums with Stacking:  An Examination of the California Supreme Court’s Stringfellow Coverage Decision,” West LegalEdcenter and HB Litigation Conferences, Live Webinar, New York, NY (October 24, 2012)

"State of California v. Continental: Summing Up Its Impact! - An Analysis of the Holding and Implications of the California Supreme Court's Groundbreaking Decision," The Bar Association of San Francisco CLE Conference, San Francisco, CA (October 10, 2012)

"All-Sums-With-Stacking Rule: Landmark Stringfellow Decision: Analyzing the Impact of the California Supreme Court's Ruling on Trigger of Coverage, Stacking of Limits, and Allocation of Loss," Strafford Publications CLE Webinar, New York, NY (September 12, 2012)

"Lightning Round of Mock Oral Arguments," HB Litigation All Sums, Reallocation, and Settlement Credits Conference, New York, NY (May 10, 2012)

"Allocation of Liability for Continuous Damage Losses: All Sums v. Pro Rata," Strafford Publications CLE Webinar, New York, NY (April 18, 2012)

"Environmental Insurance Coverage: Latest Developments - Identifying Coverage in Existing Policies, Navigating Pollution and Owned Property Exclusions, and Determining Scope of Damages," Legal Webinar Group of Strafford Publications, New York, NY (December 8, 2011)


“Asbestos/Manufacturing,” Industry Breakout Sessions:  Important Issues Affecting Key Industries, 15th Annual Policyholder Advisor Conference, New York, NY (October 13, 2011) (with Robert Y. Chung)

Strafford Publications CLE Webinar, "Insurance Allocation in Continuous Damage Claims: Developments Since the Stringfellow and Boston Gas Rulings - Strategies for Policyholders and Insurers to Allocate Indemnity and Expenses," New York, NY (June 9, 2011)


2011 ABA/TIPS Spring Meeting, “Chinese Drywall Insurance Coverage Issues,” Amelia Island, FL (May 20, 2011)

HB Litigation Conferences Audiocast, "'All Sums' Versus Pro Rata Allocation, Terminology, and a Look Ahead," New York, NY (May 18, 2011)

Asbestos Bankruptcy Current Trends and Future Outlook Conference, "Changing Politics of Asbestos Bankruptcies," New York, NY (October 6, 2010)

Strafford Teleconference/Webinar, "Bad Faith in the Investigation of Insurance Claims: Strategies for Pursuing and Defending Allegations of Insurer Misconduct," New York, NY (July 29, 2010)

Chinese Drywall Litigation and Coverage Conference presented by HB Litigation Conferences, "On the Rise Coverage Cases and the Claims Asserted," New Orleans, LA (May 18, 2010)

Chair of ACI's 11th Annual Asbestos Claims Conference, "Evolving Trends and New and Changing Theories of Liability: 'Mixed Dust' Cases and Other Current Theories," Philadelphia, PA (May 18, 2010)

Orange County RIMS Chapter, "Claims Handling - How to Get Claims Paid During Difficult Economic Times," Orange, CA (May 4, 2010) (with David A. Shaneyfelt)

HB Litigation Teleconference: Chinese Drywall Litigation & Insurance Coverage Update,  "Important Coverage Considerations For Chinese Drywall Claims," New York, NY (February 16, 2010)

HB Litigation Conferences: Chinese Drywall Litigation & Insurance Coverage Update, "Important Coverage Considerations for Chinese Drywall Claims," New Orleans, LA (November 11, 2009)

All Sums, Reallocation & Settlement Credits HB Litigation Conference, "Adopting an All Sums or Pro Rata Approach - Mock Oral Argument on Summary Judgment Motion," Philadelphia, PA (October 21, 2009)

Strafford Teleconference/Webinar, "All Sums v. Pro Rata: Allocating Damages in Insurance Claims -- Indemnification Strategies in Continuing Property Damage and Personal Injury Claims" (September 29, 2009)

RIMS Western Regional Conference, "D&O and Outcome of the Financial Crisis," Seattle, WA (September 25, 2009) (with David E. Wood)

"Asbestos/Manufacturing," Industry Breakout Sessions: Important Issues Affecting Key Industries, 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009) (with Michael Conley and Robert Y. Chung)

"Insurance Recoveries in a Climate of Increased Environmental Enforcement," 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009) (with John G. Nevius and Steven J. Pudell)

Strafford Publications Teleconference, "Bad Faith in Insurance Claims:  Strategies for Prosecuting and Defending Against Claims of Insurer Misconduct" (July 15, 2009)

American Conference Institute's 10th National Advanced Forum, "Litigating and Managing Asbestos Claims: Insurance and Claims Management," Philadelphia, PA (June 23-24, 2009)

Risk and Insurance Management Society 2009 National Educational Workshop, "Contractual Risk Transfer," Los Angeles, CA (June 4-5, 2009) (with Pamela D. Hans)

Strafford Publications Teleconference, "D&O and E&O Insurance Claims in the Economic Downturn" (June 4, 2009)

Risk and Insurance Management Society 2009 National Conference & Exhibition, "Insurance Coverage for Subprime Mortgage Lawsuits," Orlando, FL (April 22, 2009)

AAPA Port Administration and Legal Issues Seminar, "Plenary Session:  Environmental Issues Facing Ports - Navigation and Dredging Issues," Baltimore, MD (April 16, 2009)

AAPA Port Administration and Legal Issues Seminar, "Plenary Session:  Closing the Deal on Property and Business Interruption Claims in the Wake of a Catastrophe," Baltimore, MD (April 15, 2009)

HB Litigation Conferences, "
Emerging Trends in Asbestos Litigation
," Beverly Hills, CA (March 11, 2009)

Strafford Publications Teleconference, "California's Landmark Insurance Ruling in the Stringfellow Litigation:  Indemnification Strategies in Continuing Property Damage and Personal Injury Claims" (March 4, 2009)

Society of Risk Management Consultants, "The Role of The Risk Management Consultant in Mergers and Acquisitions," Vancouver, BC (October 16, 2008)

11th Annual Policyholder Advisor Conference, "Helping CFOs/CEOs with M&A Due Diligence" (with Kevin Connolly), New York, NY (September 18, 2008)

11th Annual Policyholder Advisor Conference, "Asbestos/Manufacturing" New York, NY (September 18, 2008) (with Michael J. Conley)

Strafford Publications Teleconference, "Insurance Issues In M&A Due Diligence" (September 2, 2008)

BVR Legal/Mealey's Asbestos Teleconference, "Bankruptcy Trust Updates, Claims Filing Crib Sheet, and New Carrier Strategies" (July 30, 2008)

Strafford Publications Teleconference, "Bad Faith Insurance Claims; Strategies for Prosecuting and Defending Against Claims of Insurer Misconduct" (June 11, 2008)

American Conference Institute: Asbestos Claims, "Considerations When Confronting Asbestos Bankruptcies" (May 15, 2008)

Risk and Insurance Management Society, “Helping CFOs/CEOs with M&A Due Diligence” (May 1, 2008)

Risk and Insurance Management Society, “Ethics in Claims Management” (April 28, 2008)

Presentation to the United Nations Chief Procurement Officers, "Standby Letters of Credit/Independent Bank Guarantees" (February 29, 2008)

Mealey's Asbestos Bankruptcy Conference, "Down The Road: Likely Trends" (December 14, 2007)

Mealey's National Asbestos Litigation Superconference, "Emerging Trends in Asbestos Coverage Litigation" (September 26-28, 2007)

10th Annual Policyholder Advisor Conference, "Asbestos/Manufacturing - Insurance Coverage for Asbestos Property Damage Liability" (September 18, 2007)

Risk and Insurance Management Society-Sacramento Chapter, "How to Evaluate and Settle an Insurance Claim" (September 11, 2007)

NBC Interview; (WNBC) "Insurance Coverage For Business Interruption Losses in the Frozen Zone" (July 20, 2007)

American Conference Institute: Asbestos Claims, "Bankruptcy: Insurance Company Rights and Obligations" (June 21-22, 2007)

Mealey's Asbestos Bankruptcy Conference, "Current Insurance Issues in Asbestos Bankruptcy" (June 7, 2007)

Mealey's Wall Street Teleconference:  Asbestos, "Doing Your Due Diligence:  Evaluating the Current & Future Liability of Companies With Asbestos Liability" (March 27, 2007)

AAPA Port Administration and Legal Issues Seminar, "Using Already Purchased Insurance Policies to Cover Environmental Liabilities" (February 13, 2007)

Mealey's Asbestos Conference:  The New Face of Asbestos Litigation, "Emerging Issues in Asbestos Coverage Litigation" (February 8, 2007)

Strafford Publications Teleconference, "The State of the Law And Successful Strategies Relating to Bad Faith Insurance Claims" (January 30, 2007)

Society of Risk Management Consultants, "How To Be A Better Expert Witness" (October 19, 2006)

Mealey’s Bad Faith Litigation Conference, "So You Think You Have A Bad Faith Case?" (September 21, 2006)

9th Annual Policyholder Advisor Conference, "Asbestos/Manufacturing – Recent Developments/Hot Topics" (September 15, 2006)

American Conference Institute, "Litigating, Settling and Managing Asbestos Claims" (June 16, 2006)

Mealey’s Asbestos Bankruptcy Conference, "How To Effectively Use 524(g) To Resolve Asbestos Liability" (June 9, 2006)

American Bar Association, Navigating The Insurance Litigation Dispute Through Stormy Seas, "A Complex Insurance Coverage Trial Primer" (February 17, 2006)

Mealey's Fundamentals of Insurance Coverage, "The Insurance Coverage Trial – Components of a Successful Case" (February 14, 2006)

Mealey's Wall Street Forum:  Asbestos, "Evaluating the Gap Between Asbestos Liabilities and Coverage in Mergers and Bankruptcies" (February 9, 2006)

8th Annual Policyholder Advisor Conference, "Exclusions/Causation Regarding Katrina/Rita Losses" (December 13, 2005)

National Public Radio Interview; (KUHF) "Hurricanes Katrina/Rita:  Maximizing Your Insurance Recovery" (November 11, 2005)

"Katrina/Rita Damages:  Recouping Your Losses With An Aggressive Insurance Recovery Program" (November 9, 2005)

Hurricane Insurance Recovery Conference, "Pollution, Contamination and Mold Exclusions and Causation" (November 9, 2005)

American Conference Institute, "Insurance Company Standing in Asbestos Bankruptcies" (April 5-6, 2005)

American Conference Institute, "5th National Forum on Asbestos Litigation" (February 16, 2005)

Mealey's Asbestos Bankruptcy Conference, "Insurance Company Standing in Asbestos Bankruptcies" (December 6-7, 2004)

2004 Intellectual Property Summit, "Insurance Issues and Risk Planning" (December 2, 2004)

LexisNexis Wall Street Forum:  Asbestos, "Evaluating the Gap Between Asbestos Liabilities and Coverage in Mergers and Bankruptcies" (April 20, 2004)

Insurance Issues Confronting Larger Financial Institutions, Manufacturers and Service Providers: The Plaintiff's Attorney’s Viewpoint, "Unraveling the Mystery of Insurance Coverage for Employee Dishonesty" (November 20, 2003)

Westchester Community College, CPCU Chapter (November 20, 2003)

National Association of Public Insurance Adjusters Napia/Mapia Insurance Seminar, "How to Use Bad Faith Effectively as Leverage" (September 19, 2003)

Euro Legal- London: Asbestos Claims & Litigation, "Insurance Recoveries for Present Liabilities and Future Payments" (April 29, 2003)

Mealey's Advanced Insurance Coverage Conference:  Top 10 Issues for Practitioners, "Bankruptcy:  The Insurance Implications" (January 16-17, 2003)

Risk and Insurance Management Society National Conventions (1990-2003)

Computer Law Association, Cyberspace Camp, "Insurance Coverage: High Technology Issues" (1998-2002)

"No Time Like the Present:  Present Insurance Recoveries For Pending and Future Asbestos Claims" (December 2002)

Brownfields 2002, "Fool Proof or Fool’s Gold?  All This and Heaven Too" (November 13-15, 2002)

American Conference Institute, "Impact of London Market’s Document Requirements" (October 8, 2002)

Yale University Club, Fourth Annual Policyholder Advisor Conference, Chair of Conference, Speaker, "Insurance Coverage for Asbestos Liabilities" (September 27, 2002)

American Conference Institute, Co-Chair of Conference, "Business Interruption Claims After September 11th" (March 11-12, 2002)

American Conference Institute: Business Interruption Insurance, "The Terrorism Claims: Looking Back and Looking Forward" (March 11-12, 2002)

American Bar Association, "Litigating Insurance Coverage Disputes in Bankruptcy" (March 2, 2002)

American Management Association – Policyholder Advisor Conference, "Untapped Insurance for Asbestos Liabilities" (February 7, 2002)

"Insurance Coverage: High-Technology Issues" (February 2, 2002)

Risk and Insurance Management Society, Inc., Washington Chapter 36th Annual All Industry Day, "E-Commerce Claims - Is There Insurance Coverage" (March 13, 2001)

American Conference Institute, "Complex Insurance Claims:  A Legal Tactical and Practical Approach" (May 3, 2001)

American Management Association - Policyholder Advisor Conference, "Recovering From Fraud Losses" (September 21, 2000)

The Computer Law Association and Santa Clara University School of Law Cyberspacecamp Conference, "Insurance Coverage: High-Tech Issues" (March 2-4, 2000)

American Management Association - Policyholder Advisor Conference, "Trying an Insurance Coverage Case" (June 10-11, 1999)

American Management Association: Policyholder Advisor Conference, "Recovering From Fraud Losses" (June 10-11, 1999)

American Management Association: Policyholder Advisor Conference, "Litigation Update" (June 10-11, 1999)

Mealey's, "Trying an Environmental Liability Insurance Coverage Case," Amelia Island, Florida (1999)

Cornell University Club, "What Every Intellectual Property Lawyer Should Know About Insurance But Was Afraid To Ask" (November 18, 1998)

Mealey's Trade Secret, Patent and Trademark Roundtable, "Insurance Coverage for Intellectual Property Liabilities Under the 'Advertising Injury' Coverage Provision in Liability Insurance Policies" (December 5, 1997)

American Conference Institute, "Claimant’s Strategies for Large Punitive Awards Including Calculations of Punitive Damages" (March 25-26, 1996)

Harvard University Club, "Insurance Coverage for Intellectual Property and Antitrust Violations" and “Recovering From Fraud Losses” (November 15, 1995)

Pennsylvania Bankers Roundtable, "Fidelity Bonds: Recovering From Fraud Losses” (October 1995)

Environmental Corporate Counsel Institute, "One Billion Reform By New Insurance Regulations" (May 1-2, 1995)

American Conference Institute, "Bad Faith: 50 State Summary" (April 6-7, 1995)

American Bar Association Tort and Insurance Practice Section Committee on Intellectual Property, "Insurance Claims and Litigation for Intellectual Property Disputes" (June 9-10, 1994)

Andrews Continuing Education Institute, "Fidelity Bonds: Recovering From Fraud Losses" (October 1993)

Corporate Legal Times' Corporate Insurance Protection Institute: "Hidden Treasures In Untapped Insurance Resources" (September 1993)

American Bar Association National Convention, Tort and Insurance Practice Section, Intellectual Property Committee, "Insurance Coverage for Copyright and Patent Infringement Actions" (August 1993)

University of Missouri-Kansas City, Kansas City Corporate Counsel Conference, "Insurance Coverage for Environmental Claims" (June 19, 1992)

Bar Admissions

New York, United States District Court for the Southern and Eastern Districts of New York, United States Court of Appeals for the Second and Tenth Circuits, United States Court of Military Appeals, Maryland, and the United States District Court for the District of Maryland.

Professional Memberships

Selected as a Fellow of the American Bar Foundation, Maryland State and American Bar Associations, Member, Sections on:  Litigation; Tort and Insurance Practice.

Personal

Military Experience

Captain, USAF JAG Corp.; 1100 ABW/JA (1980 - 1982) and USAF/JAJM (1982 - 1984), drafted all trial briefs in the 1981 prosecution of 1st Lieutenant Christopher Cooke, an espionage case subject to national media attention defended by F. Lee Bailey.  Awarded Meritorious Service Medal and Air Force Commendation Medal.  Named Outstanding Company Grade Officer of the Year, Bolling Air Force Base, Washington, D.C.

Legislative Aide Experience

Member, United States Senate Staff (1975-1977).  United States Senator James L. Buckley (New York)

Boy Scouts of America

Eagle Scout, 1971

Order of the Arrow

Education

Fordham, J.D., 1979
Fordham, B.S., 1976


  

  
 



Horkovich, Robert M
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