Raymond A. Mascia Jr.

Shareholder , New York

• 212-278-1359
• rmascia@andersonkill.com

Profile

Experience

INSURANCE COVERAGE

Directors & Officers

• Represented private equity fund and individual insureds in insurance coverage dispute involving so-called “uninsurability” and “disgorgement” defenses.
• Represented pharmaceutical company and individual insureds regarding insurance coverage for federal securities lawsuit.
• Represented director of software provider regarding insurance coverage for defense costs for federal securities lawsuit.
• Represented pharmaceutical company and individual insureds regarding insurance coverage for underlying personal injury action.

Environmental and Asbestos Liabilities

• Obtained final judgment order that policyholder was entitled to recover attorneys’ fees and expenses incurred in successfully defending against AIG’s lawsuit attempting to free itself from its policy obligations. Am. Home Assur. Co. v. Port of Auth. of N.Y. & N.J., No. 651620/2012, 2019 WL 3501562 2019 (N.Y. Sup. Ct. N.Y. Cnty. 2019).
• Obtained summary judgment and appellate court order holding that insurance policy is triggered for asbestos personal injuries if the injuries arise out of construction operations at the original World Trade Center-Hudson Tubes Project regardless of when the injury became apparent; that all asbestos personal injuries arising out of fireproofing installation were not a single occurrence; and that AIG must continue to defend the entirety of asbestos personal injury claims. Am. Home Assurance Co. v. Port Auth. of N.Y. & N.J., No. 651620/2012, 2017 WL 5890776 (N.Y. Sup. Ct. N.Y. Cnty. 2017), aff’d, 166 A.D.3d 464 (1st Dep’t 2018).
• In an issue of first impression under Oregon law, obtained summary judgment that the “sudden and accidental” exception to the pollution exclusion is evaluated from the perspective of the policyholder (as distinct from the intent and expectations of an uninsured third party who may have caused the release of a contaminant). Siltronic Corp. v. Emp’s Ins. Co.of Wausau, et al., No. 3:2011-cv-01493 (D. Or. 2018).
• Obtained summary judgment that the duty to defend extends to an entire complaint alleging covered claims notwithstanding allegations of injury at uncovered locations. Am. Home Assurance Co. v. Port Auth. of N.Y. & N.J., No. 651096/2012, 2013 WL 4734501 (N.Y. Sup. Ct. N.Y. Cnty. 2013).

Property Insurance

• Represented retail chain regarding insurance coverage for business interruption losses arising out of Hurricane Harvey.
• Represented energy company in litigation concerning coverage for property damage and business interruption.
• Represented general contractor in litigation concerning insurance coverage for property damage and delay in opening coverage under builder’s risk insurance policy.

Speaking Engagements

Publications

News