Marshall Gilinsky

Shareholder , Boston, New York

• NY 212-278-1513 | MA 617-221-5445
• mgilinsky@andersonkill.com

Profile

Experience

• Represented various policyholders in litigation over complex property and business interruption insurance claims – ranging in size from tens of millions to over a billion dollars – arising out of the 9/11 terrorist attacks and Hurricanes Ivan, Katrina, Rita, Ike and Irene, as well as Superstorm Sandy.
• Obtained a multimillion-dollar payment on a business interruption claim for a national retailer whose stores were destroyed in the World Trade Center mall on 9/11, following successful litigation and motion practice regarding the applicable period of restoration and methodology for calculating lost revenues.
• Successfully litigated and resolved a multi-faceted property insurance claim on behalf of a large, national bank regarding various property and business income losses following Hurricane Katrina.
• Successfully litigated and resolved a large liability insurance claim for one of the prominent engineering firms that managed the design and construction of the “Big Dig” central artery tunnel project in Boston.
• Assisted a prominent Risk Retention Group in securing full payment of over $150 million on a high-profile and challenged reinsurance claim.
• Advised a global mining company regarding its billion-dollar property insurance claim following the largest non-volcanic landslide in recorded history.
• Fought off wrongful attempts by numerous insurance companies to rescind life insurance policies rather than pay valid claims, recovering tens of millions of dollars for policyholder clients in the process.
• Counseled a prominent American university in securing a full recovery on a contested property insurance claim following a fire at a research facility in Nigeria.
• Obtained summary judgment in favor of the city of Elmira, New York in a property insurance claim involving the cost to demolish a historic building owned by the city following damage to a small portion of the building during a windstorm (see Elmira v. Selective Ins. Co. of New York, 83 A.D.3d 1262, 921 N.Y.S.2d 662 (N.Y. App. Div. 2011)).
• Obtained an award for the full coverage – approximately $3.5 million – owed to a New York City co-op under its Directors and Officers liability insurance policy (see Soho Plaza Corp., Inc. v. Nationwide Mut. Ins. Co., 309 A.D.2d 504, 764 N.Y.S.2d 697 (N.Y. App. Div. 2003)).
• Obtained a favorable settlement for clients whose multi-million dollar claim under a life insurance policy had been denied based on alleged misrepresentations in the policy application, by obtaining discovery from the insurance company which established that it would have sold the same policy under its own internal underwriting guidelines even if the alleged misrepresentations had occurred.
• Obtained a favorable settlement after many years of litigating fraudulent transfer claims on behalf of a liquidating trustee against a large, sophisticated investment bank, in a case involving highly complicated asset backed leases and loan arrangements.
• Obtained favorable rulings on motions to dismiss various tort and breach of contract actions filed against a national telecommunications company.

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