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Rhonda D. Orin

Office Managing Shareholder / Washington, DC

Profile

Rhonda D. Orin is the managing shareholder of Anderson Kill's Washington, D.C. office and co-chair of the firm’s Climate Change and Disaster Recovery group.

Rhonda represents policyholders in coverage cases nationwide.  She is distinguished by her extensive experience as lead counsel in multiple multi-million-dollar insurance trials, both bench and jury.  She has substantial appellate experience as well, having argued before the highest courts of several states, and appeared in two cases before U.S. Supreme Court.  Rhonda is distinguished further by the unusual breadth of her substantive knowledge.  In addition to expertise with first-party property damage and business interruption claims, third-party tort and environmental liability claims, directors & officers and errors & omissions claims, she also is knowledgeable about cyber liability, fidelity bonds, disability insurance policies and the myriad of health insurance and ERISA issues that arise in the context of modern healthcare.

Due to such achievements, Rhonda has been named a Fellow of the American Bar Foundation, an honor reserved for less than 1% of attorneys. She has been ranked in Chambers USA, honored by The Legal 500, named a Fellow of the Litigation Counsel of America, awarded “Star of the Bar” by the Women’s Bar Association of D.C. and selected by her peers for continuous inclusion in Best Lawyers in America and Super Lawyers.  She also is a prolific and influential author on insurance issues and is the author of a book entitled, "Making Them Pay: How to Get the Most from Health Insurance and Managed Care" which was honored by The Wall Street Journal in 2000. Rhonda is also the author of "Self-Administering, Insuring and Funding Benefit Plans".

Memberships

Professional Memberships

The District of Columbia Bar

Association Memberships

Association of Trial Lawyers of America

Experience

Property/Casualty Litigation

 

Certain Underwriters at Lloyd’s London et al. v. National Railroad Passenger Corp. (“Amtrak”), et. al. in U.S. District Court, Eastern District of N.Y. Lead counsel to defendant Amtrak in comprehensive declaratory judgment action filed by multiple insurance companies regarding environmental liability and personal injury liability claims. Received multi-million- dollar jury verdict at the conclusion of trial regarding environmental liabilities, which led to resolution of the entire dispute without appeal.

 

National Railroad Passenger Corp. (“Amtrak”) v. Arch Specialty Ins. Co. et al. (U.S. District Court, S.D.N.Y.). Lead counsel to plaintiff Amtrak against first-party property insurance companies, seeking coverage for property damage and business interruption losses following Superstorm Sandy. Ten months after filing action for declaratory relief, settled with the primary layer ($125M limits) and filed expedited appeal regarding excess ($550M limits). Appeal resulted in a remand.

 

In the Matter of Liquidation of Midland Insurance Co. (ASARCO Asbestos Personal Injury Settlement Trust) (NY Supr. Ct, NY Cty).  Lead counsel to asbestos personal injury settlement trust in its successful effort to reverse a complete denial of insurance proceeds by the New York State Liquidation Bureau, as receiver of an insolvent insurance company.  Rights to the insurance proceeds transferred to the Trust through confirmation of a §524(g) bankruptcy proceeding.  After an evidentiary trial, favorable rulings by lower court and a unanimous affirmance by the NY Appellate Division of an interlocutory appeal (171 AD3d 564 (2019), the Trust recovered more than $25 million.

 

National Fire and Marine Ins. Co. v. Genesis Healthcare, Inc. (U.S. Court of Appeals, 3d Cir.). Lead counsel to chain of rehabilitation facilities seeking coverage for losses incurred in connection with COVID-19.  Won a complete reversal in 2023 of the lower court’s grant of summary judgment to the insurance company.  In the reversed decision, the United States District Court for the Eastern District of Pennsylvania had identified the underlying claims of COVID-19 as multiple healthcare events rather than a single event.

 

Fuller-Austin Insulation Co. v. Fireman’s Fund Ins. Co. (Los Angeles Superior Court). One of three trial counsel in four-month jury trial of pre-packaged asbestos bankruptcy proceeding. Achieved $188.7M verdict for policyholder; responsible for portion that was sustained through all appeals, including by the California Supreme Court. See “Top 10 Verdicts,” National Law Journal (January 2004).

 

Indian Harbor Ins. Co.  v. Rimini Street, Inc. (8th Jud. Dist. Ct., Clark Cty Nevada) Lead trial counsel to software developer in seeking defense coverage for underlying action from primary insurance company that had denied claim.  Won summary judgment declaring that underlying action did not relate back to previous lawsuit, thereby defeating the basis for the coverage denial.

 

In re ASARCO LLC, et al. (U.S. Bankruptcy Court, S.D. Tex., Corpus Christi Division). Lead coverage counsel to ASARCO Inc. prior to its filing of bankruptcy petition; lead coverage counsel to ASARCO as debtor-in-possession throughout the bankruptcy; lead coverage counsel to the ASARCO Asbestos Personal Injury Settlement Trust that emerged from the bankruptcy proceeding. Representative actions included recovery of substantial insurance proceeds from multiple insurance companies. Successfully reopened pre-petition insurance settlement as fraudulent conveyance; thereafter, prevailed on appeal to federal district court and achieved new settlement post-petition.

 

ASARCO LLC v. United States (see above, plus U.S. District Court, D.C.). Represented ASARCO in post-confirmation lawsuit alleging fraud-on-the-court due to EPA’s destruction of evidence that could have altered ASARCO’s environmental liability in bankruptcy proceeding; recovered non-confidential settlement of $15M.

 

ASARCO, Inc., et al. v. Fireman’s Fund Insurance Co., (105th Jud. Dist., Tex., Nueces County). Lead counsel to plaintiff mining company in third-party liability coverage action which produced landmark decisions for policyholders on defense costs outside of policy limits (June 2009), the scope of an asbestosis exclusion (March 2009), choice of law (2008 and 2004) and other key coverage issues.

 

Bausch & Lomb, Incorporated v. Utica Mutual Ins. Co. (Maryland Court of Appeals). As lead counsel to plaintiff supplier of eye health products in insurance coverage dispute involving environmental liabilities, argued successfully before Maryland’s highest court on issues of “all sums” liability and proof of damage during multiple policy periods; achieved remand that led to prompt resolution of multi-year dispute. See Bausch & Lomb, Incorporated v. Utica Mutual Ins. Co., 735 A.2d 1081 (Md. 1999).

 

AstenJohnson, Inc. v. Columbia Casualty Co. et al., (U.S. District Court, E.D. Pa.). One of three trial counsel to plaintiff following the Third Circuit’s reversal and remand of an initial judgment of non-coverage; case resolved in 2010 prior to a scheduled re-trial.

See AstenJohnson Inc. v. Columbia Cas. Co. et al., 562 F.3d 213 (3d Cir. 2009).

 

First Mariner Bank v. The Fidelity & Deposit Company of Maryland (Circuit Court for Howard County, MD). Lead trial counsel to First Mariner Bank in jury trial of insurance coverage dispute arising from breach of a surety bond. The verdict for First Mariner followed a series of favorable rulings prior to the trial date, including the granting of partial summary judgment to First Mariner, the denial of summary judgment to defendant Fidelity & Deposit Co., the denial of defense motions to reconsider both decisions and the denial of a defense motion for interlocutory appeal.

 

Janart 55 West 8th LLC v. Greenwich Insurance Co., (U.S. District Court, S.D.N.Y.). As lead counsel to plaintiff building owner, obtained a favorable ruling on summary judgment which marked the first time that a New York court applied the “no indoor pollution” precedent to a first-party policy. See Janart 55 West 8th LLC v. Greenwich Insurance Co., 614 F.Supp.2d 473 (S.D.N.Y. 2009).

 

Travelers Indemnity Co. v. Dammann & Co., Inc., et al., (NJ Superior Court, Law Div., Middlesex County). As lead counsel to defendant export-import company in food industry, made favorable law for policyholders seeking coverage for allegedly defective food products. See Travelers Indem. Co. v. Dammann & Co., Inc., 594 F.3d 238 (3rd Cir. 2010).

 

Chickasha Cotton Oil Co. v. Houston General Insurance Co. et al. (Hunt County, Texas). Lead counsel to plaintiff manufacturer of cottonseed oil; established favorable precedent on many key issues, including the pollution exclusion, lost policies, and bad faith. See Chickasha Cotton Oil Company v. Houston General Ins. Co. et. al., 2002 WL 1792467 (Tex. App. Dallas) (2002).

 

Rimini Street, Inc v. AXIS Ins. Co. et al. (U.S. Dist. Ct., Northern Dist. of Ill.) Lead trial counsel to software developer in seeking defense coverage for underlying action from excess insurance companies.  Resolved by settlement after defeating motion to dismiss first layer of excess coverage.

 

Swiss Re Corporate Solutions Elite Insurance Company v. Portland Bulk Terminals LLC (NY Supr. Ct., NY Cty).  Lead counsel to manufacturer/distributer in defending against declaratory judgment action filed by insurance company.  The ongoing action arises from the insurance company’s denial of coverage for losses arising from collapse of portion of conveyor structure located in Portland, Oregon.

 

Colt’s Manufacturing Company LLC v. American International Specialty Lines Ins. Co. et al. (U.S. Dist. Ct., District of CT).  Lead counsel to manufacturer in ongoing breach of contract, bad faith and declaratory judgment coverage action.  Manufacturer is seeking defense costs and expenses owed pursuant to products liability insurance policy.

 

Brenntag Northeast LLC v. ACE Prop. & Cas. Co. (PA Ct. Comm. Pleas, Berks Co.).  Lead counsel to chemical manufacturer in ongoing breach of contract and bad faith action seeking to reverse coverage denial for fees and costs incurred in defending against bodily injury claims arising from PCBs.  Combined jury/bench trial to be set in 2025.

 

Health Care/Disability Litigation

 

NYU Langone Hospitals v. Aetna Health, Inc. et al (N.Y. Supr. Ct, NY Cty).  Lead counsel to NYU Langone Hospitals in a breach of contract and bad faith claim against Aetna for systemic underpayments and non-payments for services rendered.  Recovery was sought in excess of $25 million, including 12% interest for violations of NYS Prompt Pay Law (NY Ins. Law §3224-a).  Following denial of dueling motions for summary judgment, NYU Langone filed a renewed motion for partial summary judgment in August 2021 in accordance with directions from the Court.  While judgment on that motion was pending, the case settled in November 2021.

 

Aetna Ins. Co. et al. v. Esselte Corporation (U.S. District Court, S.D.N.Y.). Lead trial counsel to office products manufacturer with regard to self-funded employee benefit plan; obtained jury verdict in favor of the plan in April 2005, along with reimbursement of legal fees it incurred in defending against the lawsuit filed by Aetna in its dual capacities as third-party administrator and stop-loss insurance company.

 

Niesenbaum v. AXA/Equitable Life Insurance Co. (N.Y. Supr. Ct., Nassau Cty). Lead counsel to plaintiff physician in coverage action against disability insurance company; achieved confidential settlement after defeating summary judgment motion filed by insurance company seeking dismissal of bad faith count under Bi-Economy. See Niesenbaum v. AXA/Equitable Life Insurance Co., 2015 NY Slip Op. 32538 (N.Y. Supr. Ct., Nassau Cty 2015).

 

Cohen v. Standard Ins. Co. (U.S. District Court, E.D. Pa.). Lead counsel to plaintiff law partner; obtained summary judgment for policyholder, including attorney’s fees, in ruling that insurance company’s refusal to pay disability claim was arbitrary and capricious. See Cohen v. Standard Ins. Co., 155 F. Supp. 2d 346 (E.D. Pa. 2001).

 

Kodsi v. Empire Blue Cross (N.Y. Supreme Ct., N.Y. County). Lead counsel to plaintiff physician arising for suit alleging wrongful termination by insurance company in retaliation for physician challenge to non-payments by insurance company; obtained ruling from NY State Supreme Court that it violates NY law for PPOs to terminate providers without cause.

 

Lead counsel to Colt’s Manufacturing Company LLC in confidential mediation against hospital, stop-loss insurance company and third-party administrator, arising from long-overdue hospital bill for services rendered under a self-insured health plan.  The complex multi-party dispute was resolved.

 

Counsel to numerous corporations and foreign embassies regarding self-funded benefits plans, self-administered insurance policies and self-insurance arrangements, including securing recovery of unpaid sums without resort to litigation, avoiding payment of sums not owed by the corporations or their plans, and analyzing SPDs, administration agreements, stop-loss insurance policies and related documents.

 

U.S. Supreme Court Litigation

 

Counsel to Hercules, Inc. in government contracts dispute before U.S. Supreme Court regarding government-compelled manufacture of Agent Orange during Vietnam War. See Hercules, Inc. v. U.S., 516 U.S. 417 (1996).

 

Counsel to W.S. Kirkpatrick & Co., Inc. in unfair competition case that raised issues of international law and separation of powers. See W.S. Kirkpatrick & Co., Inc. v. Environmental Tectonics Corporation, International, 493 U.S. 400 (1990).

Speaking Engagements

2024 Hot Topics in Insurance Coverage

Association of Corporate Counsel / October 8, 2024

Key Issues in Insurance Coverage: 2023

ACC Baltimore / November 15, 2023

Anderson Kill’s 27th Annual Policyholder Advisor Conference Webinar Series “Floods, Fires, Hurricanes: Emerging Issues in Climate Change Insurance Coverage”

Anderson Kill / October 25, 2023

Broad-Based Efforts to Cultivate DEI – Can We Do More Than Check the Box?

ACC Greater Philadelphia Chapter / December 8, 2022

“Relation Back” Provisions in E&O and D&O Insurance Policies: Navigating a Path to Coverage

Baltimore Association of Corporate Counsel / December 5, 2022

“Update on COVID-19 Claims: Where Are We Now?” – Anderson Kill’s 26th Annual Policyholder Conference

Anderson Kill / December 1, 2022

Mastering the Mentor-Mentee Relationship

ACC Greater Philadelphia Chapter / November 16, 2022

Turning the Tables on Transaction Risk: Five Things Every GC Should Know About Reps and Warranties Insurance

ACC Greater Philadelphia Chapter / October 13, 2022

How to Manage the Expense of Litigation to Maximize Recovery from Insurance Companies and Third Parties

ACC Greater Philadelphia Chapter / February 3, 2022

“Update on COVID-19 Claims, Including Recent Decisions, New Exclusions, and Efforts to Assist Clients” – Anderson Kill’s 25th Annual Policyholder Advisor Conference (2021)

Anderson Kill / December 1, 2021

Anderson Kill Presents a Hurricane Ida Webinar

Anderson Kill / September 17, 2021

“EMERGING LEGAL ISSUES IN INSURANCE RISK MANAGEMENT” – Virginia RIMS Chapter

Virginia RIMS Chapter / November 13, 2020

“Update on Covid-19 Claims, Including Recent Favorable and Unfavorable Decisions, What New Exclusions We Are Seeing, and How We Are Assisting Our Clients to Recover” – Anderson Kill’s 24th Annual Policyholder Advisor Webinar Series

Anderson Kill / November 10, 2020

COVID-19 – Your Insurance Company Denied Your Claim, So Now What?

ACC Baltimore Chapter / September 14, 2020

50 Ways to Leave Your Lover? Even More to be Hoodwinked by Your TPA

Anderson Kill / September 10, 2020

COVID-19: Your Insurance Company Denied Your Claim, So Now What?

Anderson Kill / August 17, 2020

Pursing Coverage for COVID-19 Losses

Trial Guides, LLC / May 5, 2020

Understanding Insurance Policies and Potential Insurance Recovery after COVID-19

Lawline / April 23, 2020

Owners, Developers, Builders and Contractors: Insurance Coverage for COVID-19 Losses

Anderson Kill / April 10, 2020

Business in the Age of COVID-19: Contracts Under Economic Distress and Uncertainty Webinar

Celesq / April 6, 2020

Insurance Coverage for Losses Stemming from the Coronavirus

Anderson Kill / March 25, 2020

How Big Data is Changing the Litigation Landscape

Association of Corporate Counsel Baltimore Chapter / December 10, 2019

Cyber Breaches and Insurance Protection

Association of Corporate Counsel Baltimore Chapter / December 6, 2018

Swipe Right on Insurance: Risk and Coverage Implications for Mobile Apps and Social Media Platforms – RIMS Southeastern (2018)

2018 Southeastern RIMS Conference / September 27, 2018

Coverage for Cyber Losses: As the Risks Grow, Will You Be Ready?

Anderson Kill / June 7, 2018

That’s Your Loss, Not Mine: Important Tips for Successfully Aligning Indemnity Contracts with Insurance Policies

Anderson Kill and The Marsh Group / April 25, 2018

Publications

Cyberattacks are bankrupting health care providers. Insurance may help.

Medical Economics / May 13, 2024

The Francis Scott Key Bridge Collapse: What’s Next For Businesses That Use The Port of Baltimore?

Policyholder Alert / March 27, 2024

COVID-19 BUSINESS INTERRUPTION DECISIONS FOR POLICYHOLDERS: STATE APPELLATE COURTS (BEGIN TO) RECOGNIZE DEVIATIONS FROM A PRE-PANDEMIC NORM

Lexis Nexus - Practical Guidance / February 1, 2023

SHIFTING MOMENTUM IN COVID BUSINESS INTERRUPTION LITIGATION: AN UPDATE FROM THE FRONT LINES

Policyholder Advisor & Alert / October 17, 2022

COVERAGE FOR BUSINESS LOSSES FROM COVID-19 – A LOUISIANA APPELLATE COURT OPENS THE DOOR

Anderson Kill Policyholder Advisor / June 22, 2022

MEETING SUIT LIMITATION DEADLINES FOR COVID-RELATED BUSINESS INTERRUPTION CLAIMS

Anderson Kill Policyholder Alert / January 6, 2022

WHAT TO KNOW AS MASS. JUSTICES TACKLE COVID COVERAGE ROW

Law360 / January 5, 2022

COVID, ‘DIRECT PHYSICAL LOSS’ AND YOUR PROPERTY POLICY: CAN THE COURTS EVEN FIGURE THIS OUT?

Risk & Insurance / April 27, 2021

WHEN LIGHTS GO OUT AS THEY DID IN TEXAS, INSURANCE COVERAGE COULD TURN ON

Insurance Journal / March 26, 2021

PERSPECTIVES: ODE TO COVID-19 COVERAGE LITIGATION: ‘WE’VE ONLY JUST BEGUN …’

Business Insurance / March 4, 2021

COVID-19 INSURANCE CLAIMS UPDATE BEWARE CONTRACTUAL LIMITATIONS PERIODS

Policyholder Advisor & Alert / February 22, 2021

NEW DEVELOPMENTS IN COVID-19 INSURANCE COVERAGE LITIGATION

Risk Management Magazine (RMM) / December 1, 2020

THE HIDDEN RISKS OF HAVING THE SAME COMPANY SERVE AS TPA AND STOP-LOSS INSURER AND HOW YOU CAN MINIMIZE THEM

Bloomberg Law / November 2, 2020

IN TIMES OF CRISIS, INSURERS ARE SUPPOSED TO ‘LOSE’ MONEY

New York Daily News / June 13, 2020

INSURANCE COVERAGE FOR CORONAVIRUS CLAIMS: ‘LOSS OF USE’ DOES NOT REQUIRE PHYSICAL INJURY IN LIABILITY POLICIES

Westlaw / April 10, 2020

VIEWPOINT: INSURANCE POLICYHOLDERS HAVE PROPERTY LOSS CLAIMS IN CORONAVIRUS ERA

Washington Business Journal / April 3, 2020

MANY LIABILITY INSURANCE POLICIES MAY PROVIDE COVERAGE FOR LOSSES FROM CORONAVIRUS-

Insurance Research Letter (IRL) / April 3, 2020

MANY LIABILITY INSURANCE POLICIES MAY PROVIDE COVERAGE FOR LOSSES FROM CORONAVIRUS

Washington D.C. - Alert / March 24, 2020

MOST MEDICARE ADVANTAGE DENIALS REALLY ARE WRONG – AND THE BIGGEST VICTIMS ARE THE PROVIDERS

Becker's Hospital Review / October 10, 2018

THE INSURANCE BROKERS FOR THE LONDON MARKET – WHOSE AGENTS ARE THEY ANYWAY?

Coverage Journal / February 2, 2018

A TOXIC SPILL – COVERAGE ISSUES FOR THE ANIMAS RIVER CONTAMINATION

Claims Management magazine / September 28, 2015

TEN TIPS TO OBTAIN YOUR INSURANCE RECOVERY

ACC Baltimore, Focus newsletter / September 1, 2015

TWO NY COURTS RULE THAT INSURANCE COMPANIES MAY HAVE TO PAY ATTORNEYS’ FEES

Policyholder Advisor & Alert / August 28, 2015

INSURANCE COVERAGE FOR THE ANIMAS RIVER SPILL

Policyholder Advisor & Alert / August 17, 2015

Use the Affordable Care Act as a Sword at Renewal Time Or…Your Insurance Company Will Use It Against You

Enforce / August 8, 2014

Beyond Health Insurance: What Your Company Should Be Doing Today to Protect Against New Risks Created by the Affordable Care Act

Enforce / August 1, 2013

THE AFFORDABLE CARE ACT “PLAY OR PAY” REQUIREMENTS TAKE EFFECT JANUARY 1, 2014—ARE YOU READY?

Agents of America / April 18, 2013

PREVENTING INSURANCE COMPANIES FROM WRONGFULLY DENYING STORM-RELATED CLAIMS

Risk Management / April 1, 2013

THE AFFORDABLE CARE ACT “PLAY OR PAY” REQUIREMENTS TAKE EFFECT JANUARY 1, 2014 – ARE YOU READY?

Policyholder Advisor & Alert / April 1, 2013

INSURANCE COVERAGE LESSONS FROM KATRINA: INSURANCE COMPANIES SHOULD BE PROTECTING POLICYHOLDERS, NOT INSURANCE COMPANIES

Metropolitan Corporate Counsel / January 8, 2013

HURRICANE SANDY AND INSURANCE COVERAGE: WHAT TO DO BEFORE THE SILT SETTLES

Washington Business Journal Blog / November 6, 2012

YOUR HOME MAY BE YOUR CASTLE, BUT YOUR RENTAL UNIT IS NOT

Multihousing News Magazine / August 30, 2012

BEWARE A SURETY’S DECLINATION OPTION IN PERFORMANCE BONDS

Law360 / August 16, 2012

SUPREME COURT RULES THAT AFFORDABLE CARE ACT IS CONSTITUTIONAL RISK MANAGEMENT DEPARTMENTS: SAY HELLO TO HR

Policyholder Advisor & Alert / June 29, 2012

U.S. Health Care Reform: Should Foreign Entities Care?

Italy-America Chamber of Commerce / April 11, 2011

EMPLOYERS AND HEALTH REFORM: DO YOU KNOW WHAT YOUR CURRENT OBLIGATIONS ARE?

Corporate Counsel / December 16, 2010

HEALTH CARE MANDATES? NOTHING NEW FOR FOREIGN STUDENTS

AOL News / December 16, 2010

WHEN COVERAGE IS DENIED UNDER HEALTH REFORM, THE GROUND RULES FOR APPEALS NO LONGER APPLY

Policyholder Advisor & Alert / November 9, 2010

No Time Like the Present for Health Reform: The Changes that Impact Employers are Starting Now

Anderson Kill / Health Reform Alert / September 15, 2010

NO REST FOR THE WEARY EMPLOYER THE NEW MEDICARE REPORTING REQUIREMENTS

Policyholder Advisor & Alert / July 2, 2010

LEVELING THE PLAYING FIELD – GOODBYE TO THE HEALTH INSURANCE ANTITRUST EXEMPTION

MarketWatch / June 14, 2010

ANOTHER VIEW: REWRITING HISTORY IN THE MORTGAGE CRISIS

The New York Times, DealBook / July 29, 2009

INSURANCE COVERAGE FOR SWINE FLU CLAIMS

Policyholder Advisor & Alert / May 4, 2009

IS IT A VASE OR ARE THERE TWO FACES? POLICYHOLDERS SEE ONE THING; INSURERS ANOTHER

CPCU Society Risk Management Quarterly / November 21, 2008

WRONG WAR, WRONG TIME, WRONG ENEMY: INSURANCE COMPANY CLAIMS OF LATE NOTICE SHOULD NOT SUSTAIN REFUSALS TO DEFEND

Corporate Counsel / December 18, 2007

SELF-ADMINISTRATION OF INSURANCE POLICIES ARE YOU QUALIFIED TO DO IT AND, IF YOU ERR, WHO PAYS?

Corporate Counsel / March 19, 2007

SEVEN “DEADLY SINS” TO AVOID WHEN NEGOTIATING SELF-FUNDED BENEFIT PLANS

Corporate Counsel / August 18, 2006

WIND VS. WATER: BATTLE ROYALE OVER HURRICANE CLAIMS

Risk Management / July 6, 2006

SELF-FUNDING YOUR INSURANCE PLAN: SOUNDS GREAT – BUT DANGER LURKS BENEATH

riskVue / June 3, 2005

COVERAGE FOR PUNITIVE DAMAGES: YOU MAY NOT GET WHAT YOU PAY FOR

Corporate Counsel / January 12, 2005

INSURANCE COVERAGE FOR POWER INTERRUPTION – IN THE NORTHEAST AND ELSEWHERE

Policyholder Advisor & Alert / September 1, 2003

WHEN FACED WITH A LAWSUIT, INSURANCE MAY EASE YOUR PAIN

Policyholder Advisor & Alert / September 1, 2002

ERISA PREEMPTION: GOING, GOING…ALMOST GONE?

Anderson Kill's Pharmaceutical & Healthcare Insurance Alert / July 1, 2002

HIDDEN THINGS YOU NEED TO KNOW

The Los Angeles Times / November 4, 2001

INSURANCE COVERAGE FOR POWER INTERRUPTIONS – IN CALIFORNIA AND ELSEWHERE

Policyholder Advisor & Alert / February 1, 2001

MY MONEY, MY LIFE; REVENGE OF THE INSURED

The New York Times / November 8, 1998

THE WRONG WAR, THE WRONG TIME, THE WRONG ENEMY: INSURERS’ ALLEGATIONS OF LATE NOTICE ARE UNTIMELY WHEN UNDERLYING ACTIONS ARE PENDING

/ May 1, 1996

THE MEANING OF LOSS OF USE IN THE DEFINITION OF PROPERTY DAMAGE

Insurance Litigation Reporter / October 1, 1990

News

Third Circuit Tosses Insurer Win in Nursing Home Coverage Row

December 27, 2023

Super Lawyers Recognizes 16 Anderson Kill Attorneys in 2023

September 25, 2023

Firearms Maker Sues Insurer for Curtailing Defense Funding in Long-Running Gun Violence Case

September 6, 2023

Gunmaker Says AIG Units Abruptly Dropped Defense

August 31, 2023

Ten Anderson Kill Attorneys Honored in The Best Lawyers in America 2024

August 17, 2023

Anderson Kill’s Insurance Recovery Practice Ranked Among Nation’s Best by Chambers USA 2023; Eight Attorneys Recognized

June 8, 2023

Ohio Derailment Expected to Pull In Insurers on Many Fronts

March 1, 2023

Ohio Derailment Puts Focus on Railroad Insurance, Risk Management

February 28, 2023

Super Lawyers Recognizes 14 Anderson Kill Attorneys in 2022

October 21, 2022

Health Care Co. Seeks Full Coverage For COVID Claims

October 11, 2022

Vermont Supreme Court rules that policyholder can seek coverage for “direct physical loss or damage” stemming from COVID-19

September 23, 2022

Appeals Court First to Rule in Favor of Coverage for COVID Shutdown

June 17, 2022

The Legal 500 2022 Ranks Anderson Kill a Tier 1 Insurance Recovery Practice

June 8, 2022

Chambers USA Ranks Anderson Kill Among Top Insurance Recovery Practices Nationally, in New York, and in New Jersey; Firm Attorneys in D.C. and Philadelphia Also Recognized

June 1, 2022

Hospitality Attys Eye Pandemic Impact On Industry In 2022

January 3, 2022

The Hartford To Invest $2.5B In Climate Initiatives

November 12, 2021

Anderson Kill Launches Climate Change and Disaster Recovery Practice Group

November 9, 2021

TEN ANDERSON KILL ATTORNEYS INCLUDED IN THE BEST LAWYERS IN AMERICA, 2022

August 17, 2021

Climate-related power outages raise risk, coverage issues

July 20, 2021

Legal 500 Recognizes Anderson Kill’s Insurance Recovery Group as a Top-Tier Practice for Fifteenth Consecutive Year

June 9, 2021

Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally, in New York, and in New Jersey

May 21, 2021

Insurer Wins Case Filed by New Orleans Restaurant that Filed Early COVID Claim

February 17, 2021

Anderson Kill to COVID-19 Policyholders: Don’t Give Up

February 1, 2021

Super Lawyers Recognizes 18 Anderson Kill Attorneys in 2020

October 21, 2020

BEST LAWYERS RECOGNIZES 12 ANDERSON KILL ATTORNEYS

August 20, 2020

Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally; Seven Attorneys Ranked

April 27, 2020

Have precedents been set; could COVID-19 be considered physical damage?

April 23, 2020

Insurance Policies Stacked Against Covid-19 Claims: State Survey

April 17, 2020

Anderson Kill Attorney: Property Insurers Misconstruing Physical Damage With Structural Damage

March 26, 2020

Best Lawyers in America Recognizes 10 Anderson Kill Insurance Recovery Attorneys

August 15, 2019

The Legal 500 Recognizes Anderson Kill’s Insurance Recovery Group for the 13th Consecutive Year

June 11, 2019

Insurance Group Of The Year: Anderson Kill

January 30, 2019

Super Lawyers Recognizes 20 Anderson Kill Attorneys in 2018

October 10, 2018

Insurer Can’t Prorate Asarco Asbestos Coverage, Judge Says

August 29, 2018

9 ANDERSON KILL LAWYERS NAMED TO 2019 BEST LAWYERS LIST

August 17, 2018

The Legal 500 US Recognizes Nine Anderson Kill Insurance Recovery Attorneys

July 11, 2018

Super Lawyers Recognizes 11 Anderson Kill Attorneys

October 6, 2017

19 ANDERSON KILL ATTORNEYS NAMED TO 2017 SUPER LAWYERS AND RISING STARS LISTS

October 6, 2017

Jury Finds Insurers Owe Amtrak $14.3M For Pollution Cleanup

September 28, 2017

Anderson Kill Attorneys Selected for Best Lawyers in America 2018

September 5, 2017

Policyholder Is Entitled To Documents Sought In Contamination Dispute

November 29, 2016

ELEVEN ANDERSON KILL ATTORNEYS SELECTED AS 2016 SUPER LAWYERS, NINE RISING STARS

October 4, 2016

Amtrak Can Pursue Sandy Repair Coverage, 2nd Circ. Rules

August 31, 2016

Amtrak Gets Insurer Docs In Environmental Cleanup Suit

February 22, 2016

Anderson Kill Attorneys Recognized in 2016 Best Lawyers in America

August 26, 2015

Female Powerbrokers Q&A: Anderson Kill’s Rhonda Orin

January 15, 2014

Attorneys: Commercial Insureds Should Prepare for Delays, Denials on Sandy Claims

February 19, 2013

Credit Suisse Ruling Arms Banks in Battle Over MBS Policies

October 16, 2012

Supreme Court Rules that Affordable Care Act Is Constitutional

June 29, 2012

Maryland Circuit Court Orders Judgment Enforcing Surety Bond Obligation of Fidelity & Deposit Company

February 2, 2012

Maryland Circuit Court Affirms Performance Bond Obligation to First Baptist Church of Guilford and First Mariner Bank

May 23, 2011

Mortgage Insurers Won’t Pay on Bad Loans

March 10, 2010

A Violation of Trust – A California verdict drives home the cost of TPA mismanagement of a workers’ compensation contract and perhaps reveals a more widespread problem

June 21, 2008

A Case in Context

June 20, 2008

9 Things Insurers Don’t Want You to Know – How to Protect Your Health and Family From Loopholes and Lapses

August 15, 2007

Uncovering Coverage – Left With An Old Insurance Policy? How to Win the Paper Chase

March 26, 2007

Lawyer: Katrina Lawsuits’ Jurisdiction Depends on Nature of Claim

October 1, 2006

After Hurricanes Katrina and Rita Struck Last Year, Homeowners in Louisiana and Mississippi Learned What Disaster Victims Elsewhere Already Know

October 1, 2006

Where Does It Hurt? In the Pocketbook

August 1, 2003

New York Appeals Court Rules Health Plan Can’t Invoke ERISA

February 1, 2003

You Can Make Them Pay

September 1, 2002

Save Money on Health Care

August 23, 2002

Bloomberg Money Show – April 18, 2002

April 18, 2002

Ask Personal Journal

April 1, 2002

Insurance Insights: How to Get Them to Pay

February 26, 2002

Bloomberg Money Show

January 9, 2002

Patients Flex Their Muscles

January 1, 2002

This May Hurt

October 1, 2001

How To Spot and Fix All the Costly Mistakes

June 1, 2001

Of Consuming Interest

April 22, 2001

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Rhonda D. Orin

Office Managing Shareholder , Washington, DC

Profile

Rhonda D. Orin is the managing shareholder of Anderson Kill's Washington, D.C. office and co-chair of the firm’s Climate Change and Disaster Recovery group.

Rhonda represents policyholders in coverage cases nationwide.  She is distinguished by her extensive experience as lead counsel in multiple multi-million-dollar insurance trials, both bench and jury.  She has substantial appellate experience as well, having argued before the highest courts of several states, and appeared in two cases before U.S. Supreme Court.  Rhonda is distinguished further by the unusual breadth of her substantive knowledge.  In addition to expertise with first-party property damage and business interruption claims, third-party tort and environmental liability claims, directors & officers and errors & omissions claims, she also is knowledgeable about cyber liability, fidelity bonds, disability insurance policies and the myriad of health insurance and ERISA issues that arise in the context of modern healthcare.

Due to such achievements, Rhonda has been named a Fellow of the American Bar Foundation, an honor reserved for less than 1% of attorneys. She has been ranked in Chambers USA, honored by The Legal 500, named a Fellow of the Litigation Counsel of America, awarded “Star of the Bar” by the Women’s Bar Association of D.C. and selected by her peers for continuous inclusion in Best Lawyers in America and Super Lawyers.  She also is a prolific and influential author on insurance issues and is the author of a book entitled, "Making Them Pay: How to Get the Most from Health Insurance and Managed Care" which was honored by The Wall Street Journal in 2000. Rhonda is also the author of "Self-Administering, Insuring and Funding Benefit Plans".

Memberships

Professional Memberships

The District of Columbia Bar

Association Memberships

Association of Trial Lawyers of America

Experience

Property/Casualty Litigation

 

Certain Underwriters at Lloyd’s London et al. v. National Railroad Passenger Corp. (“Amtrak”), et. al. in U.S. District Court, Eastern District of N.Y. Lead counsel to defendant Amtrak in comprehensive declaratory judgment action filed by multiple insurance companies regarding environmental liability and personal injury liability claims. Received multi-million- dollar jury verdict at the conclusion of trial regarding environmental liabilities, which led to resolution of the entire dispute without appeal.

 

National Railroad Passenger Corp. (“Amtrak”) v. Arch Specialty Ins. Co. et al. (U.S. District Court, S.D.N.Y.). Lead counsel to plaintiff Amtrak against first-party property insurance companies, seeking coverage for property damage and business interruption losses following Superstorm Sandy. Ten months after filing action for declaratory relief, settled with the primary layer ($125M limits) and filed expedited appeal regarding excess ($550M limits). Appeal resulted in a remand.

 

In the Matter of Liquidation of Midland Insurance Co. (ASARCO Asbestos Personal Injury Settlement Trust) (NY Supr. Ct, NY Cty).  Lead counsel to asbestos personal injury settlement trust in its successful effort to reverse a complete denial of insurance proceeds by the New York State Liquidation Bureau, as receiver of an insolvent insurance company.  Rights to the insurance proceeds transferred to the Trust through confirmation of a §524(g) bankruptcy proceeding.  After an evidentiary trial, favorable rulings by lower court and a unanimous affirmance by the NY Appellate Division of an interlocutory appeal (171 AD3d 564 (2019), the Trust recovered more than $25 million.

 

National Fire and Marine Ins. Co. v. Genesis Healthcare, Inc. (U.S. Court of Appeals, 3d Cir.). Lead counsel to chain of rehabilitation facilities seeking coverage for losses incurred in connection with COVID-19.  Won a complete reversal in 2023 of the lower court’s grant of summary judgment to the insurance company.  In the reversed decision, the United States District Court for the Eastern District of Pennsylvania had identified the underlying claims of COVID-19 as multiple healthcare events rather than a single event.

 

Fuller-Austin Insulation Co. v. Fireman’s Fund Ins. Co. (Los Angeles Superior Court). One of three trial counsel in four-month jury trial of pre-packaged asbestos bankruptcy proceeding. Achieved $188.7M verdict for policyholder; responsible for portion that was sustained through all appeals, including by the California Supreme Court. See “Top 10 Verdicts,” National Law Journal (January 2004).

 

Indian Harbor Ins. Co.  v. Rimini Street, Inc. (8th Jud. Dist. Ct., Clark Cty Nevada) Lead trial counsel to software developer in seeking defense coverage for underlying action from primary insurance company that had denied claim.  Won summary judgment declaring that underlying action did not relate back to previous lawsuit, thereby defeating the basis for the coverage denial.

 

In re ASARCO LLC, et al. (U.S. Bankruptcy Court, S.D. Tex., Corpus Christi Division). Lead coverage counsel to ASARCO Inc. prior to its filing of bankruptcy petition; lead coverage counsel to ASARCO as debtor-in-possession throughout the bankruptcy; lead coverage counsel to the ASARCO Asbestos Personal Injury Settlement Trust that emerged from the bankruptcy proceeding. Representative actions included recovery of substantial insurance proceeds from multiple insurance companies. Successfully reopened pre-petition insurance settlement as fraudulent conveyance; thereafter, prevailed on appeal to federal district court and achieved new settlement post-petition.

 

ASARCO LLC v. United States (see above, plus U.S. District Court, D.C.). Represented ASARCO in post-confirmation lawsuit alleging fraud-on-the-court due to EPA’s destruction of evidence that could have altered ASARCO’s environmental liability in bankruptcy proceeding; recovered non-confidential settlement of $15M.

 

ASARCO, Inc., et al. v. Fireman’s Fund Insurance Co., (105th Jud. Dist., Tex., Nueces County). Lead counsel to plaintiff mining company in third-party liability coverage action which produced landmark decisions for policyholders on defense costs outside of policy limits (June 2009), the scope of an asbestosis exclusion (March 2009), choice of law (2008 and 2004) and other key coverage issues.

 

Bausch & Lomb, Incorporated v. Utica Mutual Ins. Co. (Maryland Court of Appeals). As lead counsel to plaintiff supplier of eye health products in insurance coverage dispute involving environmental liabilities, argued successfully before Maryland’s highest court on issues of “all sums” liability and proof of damage during multiple policy periods; achieved remand that led to prompt resolution of multi-year dispute. See Bausch & Lomb, Incorporated v. Utica Mutual Ins. Co., 735 A.2d 1081 (Md. 1999).

 

AstenJohnson, Inc. v. Columbia Casualty Co. et al., (U.S. District Court, E.D. Pa.). One of three trial counsel to plaintiff following the Third Circuit’s reversal and remand of an initial judgment of non-coverage; case resolved in 2010 prior to a scheduled re-trial.

See AstenJohnson Inc. v. Columbia Cas. Co. et al., 562 F.3d 213 (3d Cir. 2009).

 

First Mariner Bank v. The Fidelity & Deposit Company of Maryland (Circuit Court for Howard County, MD). Lead trial counsel to First Mariner Bank in jury trial of insurance coverage dispute arising from breach of a surety bond. The verdict for First Mariner followed a series of favorable rulings prior to the trial date, including the granting of partial summary judgment to First Mariner, the denial of summary judgment to defendant Fidelity & Deposit Co., the denial of defense motions to reconsider both decisions and the denial of a defense motion for interlocutory appeal.

 

Janart 55 West 8th LLC v. Greenwich Insurance Co., (U.S. District Court, S.D.N.Y.). As lead counsel to plaintiff building owner, obtained a favorable ruling on summary judgment which marked the first time that a New York court applied the “no indoor pollution” precedent to a first-party policy. See Janart 55 West 8th LLC v. Greenwich Insurance Co., 614 F.Supp.2d 473 (S.D.N.Y. 2009).

 

Travelers Indemnity Co. v. Dammann & Co., Inc., et al., (NJ Superior Court, Law Div., Middlesex County). As lead counsel to defendant export-import company in food industry, made favorable law for policyholders seeking coverage for allegedly defective food products. See Travelers Indem. Co. v. Dammann & Co., Inc., 594 F.3d 238 (3rd Cir. 2010).

 

Chickasha Cotton Oil Co. v. Houston General Insurance Co. et al. (Hunt County, Texas). Lead counsel to plaintiff manufacturer of cottonseed oil; established favorable precedent on many key issues, including the pollution exclusion, lost policies, and bad faith. See Chickasha Cotton Oil Company v. Houston General Ins. Co. et. al., 2002 WL 1792467 (Tex. App. Dallas) (2002).

 

Rimini Street, Inc v. AXIS Ins. Co. et al. (U.S. Dist. Ct., Northern Dist. of Ill.) Lead trial counsel to software developer in seeking defense coverage for underlying action from excess insurance companies.  Resolved by settlement after defeating motion to dismiss first layer of excess coverage.

 

Swiss Re Corporate Solutions Elite Insurance Company v. Portland Bulk Terminals LLC (NY Supr. Ct., NY Cty).  Lead counsel to manufacturer/distributer in defending against declaratory judgment action filed by insurance company.  The ongoing action arises from the insurance company’s denial of coverage for losses arising from collapse of portion of conveyor structure located in Portland, Oregon.

 

Colt’s Manufacturing Company LLC v. American International Specialty Lines Ins. Co. et al. (U.S. Dist. Ct., District of CT).  Lead counsel to manufacturer in ongoing breach of contract, bad faith and declaratory judgment coverage action.  Manufacturer is seeking defense costs and expenses owed pursuant to products liability insurance policy.

 

Brenntag Northeast LLC v. ACE Prop. & Cas. Co. (PA Ct. Comm. Pleas, Berks Co.).  Lead counsel to chemical manufacturer in ongoing breach of contract and bad faith action seeking to reverse coverage denial for fees and costs incurred in defending against bodily injury claims arising from PCBs.  Combined jury/bench trial to be set in 2025.

 

Health Care/Disability Litigation

 

NYU Langone Hospitals v. Aetna Health, Inc. et al (N.Y. Supr. Ct, NY Cty).  Lead counsel to NYU Langone Hospitals in a breach of contract and bad faith claim against Aetna for systemic underpayments and non-payments for services rendered.  Recovery was sought in excess of $25 million, including 12% interest for violations of NYS Prompt Pay Law (NY Ins. Law §3224-a).  Following denial of dueling motions for summary judgment, NYU Langone filed a renewed motion for partial summary judgment in August 2021 in accordance with directions from the Court.  While judgment on that motion was pending, the case settled in November 2021.

 

Aetna Ins. Co. et al. v. Esselte Corporation (U.S. District Court, S.D.N.Y.). Lead trial counsel to office products manufacturer with regard to self-funded employee benefit plan; obtained jury verdict in favor of the plan in April 2005, along with reimbursement of legal fees it incurred in defending against the lawsuit filed by Aetna in its dual capacities as third-party administrator and stop-loss insurance company.

 

Niesenbaum v. AXA/Equitable Life Insurance Co. (N.Y. Supr. Ct., Nassau Cty). Lead counsel to plaintiff physician in coverage action against disability insurance company; achieved confidential settlement after defeating summary judgment motion filed by insurance company seeking dismissal of bad faith count under Bi-Economy. See Niesenbaum v. AXA/Equitable Life Insurance Co., 2015 NY Slip Op. 32538 (N.Y. Supr. Ct., Nassau Cty 2015).

 

Cohen v. Standard Ins. Co. (U.S. District Court, E.D. Pa.). Lead counsel to plaintiff law partner; obtained summary judgment for policyholder, including attorney’s fees, in ruling that insurance company’s refusal to pay disability claim was arbitrary and capricious. See Cohen v. Standard Ins. Co., 155 F. Supp. 2d 346 (E.D. Pa. 2001).

 

Kodsi v. Empire Blue Cross (N.Y. Supreme Ct., N.Y. County). Lead counsel to plaintiff physician arising for suit alleging wrongful termination by insurance company in retaliation for physician challenge to non-payments by insurance company; obtained ruling from NY State Supreme Court that it violates NY law for PPOs to terminate providers without cause.

 

Lead counsel to Colt’s Manufacturing Company LLC in confidential mediation against hospital, stop-loss insurance company and third-party administrator, arising from long-overdue hospital bill for services rendered under a self-insured health plan.  The complex multi-party dispute was resolved.

 

Counsel to numerous corporations and foreign embassies regarding self-funded benefits plans, self-administered insurance policies and self-insurance arrangements, including securing recovery of unpaid sums without resort to litigation, avoiding payment of sums not owed by the corporations or their plans, and analyzing SPDs, administration agreements, stop-loss insurance policies and related documents.

 

U.S. Supreme Court Litigation

 

Counsel to Hercules, Inc. in government contracts dispute before U.S. Supreme Court regarding government-compelled manufacture of Agent Orange during Vietnam War. See Hercules, Inc. v. U.S., 516 U.S. 417 (1996).

 

Counsel to W.S. Kirkpatrick & Co., Inc. in unfair competition case that raised issues of international law and separation of powers. See W.S. Kirkpatrick & Co., Inc. v. Environmental Tectonics Corporation, International, 493 U.S. 400 (1990).

Speaking Engagements

2024 Hot Topics in Insurance Coverage

Association of Corporate Counsel / June 6, 2024

Key Issues in Insurance Coverage: 2023

ACC Baltimore / November 15, 2023

Anderson Kill’s 27th Annual Policyholder Advisor Conference Webinar Series “Floods, Fires, Hurricanes: Emerging Issues in Climate Change Insurance Coverage”

Anderson Kill / October 25, 2023

Broad-Based Efforts to Cultivate DEI – Can We Do More Than Check the Box?

ACC Greater Philadelphia Chapter / December 8, 2022

“Relation Back” Provisions in E&O and D&O Insurance Policies: Navigating a Path to Coverage

Baltimore Association of Corporate Counsel / December 5, 2022

“Update on COVID-19 Claims: Where Are We Now?” – Anderson Kill’s 26th Annual Policyholder Conference

Anderson Kill / December 1, 2022

Mastering the Mentor-Mentee Relationship

ACC Greater Philadelphia Chapter / November 16, 2022

Turning the Tables on Transaction Risk: Five Things Every GC Should Know About Reps and Warranties Insurance

ACC Greater Philadelphia Chapter / October 13, 2022

How to Manage the Expense of Litigation to Maximize Recovery from Insurance Companies and Third Parties

ACC Greater Philadelphia Chapter / February 3, 2022

“Update on COVID-19 Claims, Including Recent Decisions, New Exclusions, and Efforts to Assist Clients” – Anderson Kill’s 25th Annual Policyholder Advisor Conference (2021)

Anderson Kill / December 1, 2021

Anderson Kill Presents a Hurricane Ida Webinar

Anderson Kill / September 17, 2021

“EMERGING LEGAL ISSUES IN INSURANCE RISK MANAGEMENT” – Virginia RIMS Chapter

Virginia RIMS Chapter / November 13, 2020

“Update on Covid-19 Claims, Including Recent Favorable and Unfavorable Decisions, What New Exclusions We Are Seeing, and How We Are Assisting Our Clients to Recover” – Anderson Kill’s 24th Annual Policyholder Advisor Webinar Series

Anderson Kill / November 10, 2020

COVID-19 – Your Insurance Company Denied Your Claim, So Now What?

ACC Baltimore Chapter / September 14, 2020

50 Ways to Leave Your Lover? Even More to be Hoodwinked by Your TPA

Anderson Kill / September 10, 2020

COVID-19: Your Insurance Company Denied Your Claim, So Now What?

Anderson Kill / August 17, 2020

Pursing Coverage for COVID-19 Losses

Trial Guides, LLC / May 5, 2020

Understanding Insurance Policies and Potential Insurance Recovery after COVID-19

Lawline / April 23, 2020

Owners, Developers, Builders and Contractors: Insurance Coverage for COVID-19 Losses

Anderson Kill / April 10, 2020

Business in the Age of COVID-19: Contracts Under Economic Distress and Uncertainty Webinar

Celesq / April 6, 2020

Insurance Coverage for Losses Stemming from the Coronavirus

Anderson Kill / March 25, 2020

How Big Data is Changing the Litigation Landscape

Association of Corporate Counsel Baltimore Chapter / December 10, 2019

Cyber Breaches and Insurance Protection

Association of Corporate Counsel Baltimore Chapter / December 6, 2018

Swipe Right on Insurance: Risk and Coverage Implications for Mobile Apps and Social Media Platforms – RIMS Southeastern (2018)

2018 Southeastern RIMS Conference / September 27, 2018

Coverage for Cyber Losses: As the Risks Grow, Will You Be Ready?

Anderson Kill / June 7, 2018

That’s Your Loss, Not Mine: Important Tips for Successfully Aligning Indemnity Contracts with Insurance Policies

Anderson Kill and The Marsh Group / April 25, 2018

Publications

Cyberattacks are bankrupting health care providers. Insurance may help.

Medical Economics / May 13, 2024

The Francis Scott Key Bridge Collapse: What’s Next For Businesses That Use The Port of Baltimore?

Policyholder Alert / March 27, 2024

COVID-19 BUSINESS INTERRUPTION DECISIONS FOR POLICYHOLDERS: STATE APPELLATE COURTS (BEGIN TO) RECOGNIZE DEVIATIONS FROM A PRE-PANDEMIC NORM

Lexis Nexus - Practical Guidance / February 1, 2023

SHIFTING MOMENTUM IN COVID BUSINESS INTERRUPTION LITIGATION: AN UPDATE FROM THE FRONT LINES

Policyholder Advisor & Alert / October 17, 2022

COVERAGE FOR BUSINESS LOSSES FROM COVID-19 – A LOUISIANA APPELLATE COURT OPENS THE DOOR

Anderson Kill Policyholder Advisor / June 22, 2022

MEETING SUIT LIMITATION DEADLINES FOR COVID-RELATED BUSINESS INTERRUPTION CLAIMS

Anderson Kill Policyholder Alert / January 6, 2022

WHAT TO KNOW AS MASS. JUSTICES TACKLE COVID COVERAGE ROW

Law360 / January 5, 2022

COVID, ‘DIRECT PHYSICAL LOSS’ AND YOUR PROPERTY POLICY: CAN THE COURTS EVEN FIGURE THIS OUT?

Risk & Insurance / April 27, 2021

WHEN LIGHTS GO OUT AS THEY DID IN TEXAS, INSURANCE COVERAGE COULD TURN ON

Insurance Journal / March 26, 2021

PERSPECTIVES: ODE TO COVID-19 COVERAGE LITIGATION: ‘WE’VE ONLY JUST BEGUN …’

Business Insurance / March 4, 2021

COVID-19 INSURANCE CLAIMS UPDATE BEWARE CONTRACTUAL LIMITATIONS PERIODS

Policyholder Advisor & Alert / February 22, 2021

NEW DEVELOPMENTS IN COVID-19 INSURANCE COVERAGE LITIGATION

Risk Management Magazine (RMM) / December 1, 2020

THE HIDDEN RISKS OF HAVING THE SAME COMPANY SERVE AS TPA AND STOP-LOSS INSURER AND HOW YOU CAN MINIMIZE THEM

Bloomberg Law / November 2, 2020

IN TIMES OF CRISIS, INSURERS ARE SUPPOSED TO ‘LOSE’ MONEY

New York Daily News / June 13, 2020

INSURANCE COVERAGE FOR CORONAVIRUS CLAIMS: ‘LOSS OF USE’ DOES NOT REQUIRE PHYSICAL INJURY IN LIABILITY POLICIES

Westlaw / April 10, 2020

VIEWPOINT: INSURANCE POLICYHOLDERS HAVE PROPERTY LOSS CLAIMS IN CORONAVIRUS ERA

Washington Business Journal / April 3, 2020

MANY LIABILITY INSURANCE POLICIES MAY PROVIDE COVERAGE FOR LOSSES FROM CORONAVIRUS-

Insurance Research Letter (IRL) / April 3, 2020

MANY LIABILITY INSURANCE POLICIES MAY PROVIDE COVERAGE FOR LOSSES FROM CORONAVIRUS

Washington D.C. - Alert / March 24, 2020

MOST MEDICARE ADVANTAGE DENIALS REALLY ARE WRONG – AND THE BIGGEST VICTIMS ARE THE PROVIDERS

Becker's Hospital Review / October 10, 2018

THE INSURANCE BROKERS FOR THE LONDON MARKET – WHOSE AGENTS ARE THEY ANYWAY?

Coverage Journal / February 2, 2018

A TOXIC SPILL – COVERAGE ISSUES FOR THE ANIMAS RIVER CONTAMINATION

Claims Management magazine / September 28, 2015

TEN TIPS TO OBTAIN YOUR INSURANCE RECOVERY

ACC Baltimore, Focus newsletter / September 1, 2015

TWO NY COURTS RULE THAT INSURANCE COMPANIES MAY HAVE TO PAY ATTORNEYS’ FEES

Policyholder Advisor & Alert / August 28, 2015

INSURANCE COVERAGE FOR THE ANIMAS RIVER SPILL

Policyholder Advisor & Alert / August 17, 2015

Use the Affordable Care Act as a Sword at Renewal Time Or…Your Insurance Company Will Use It Against You

Enforce / August 8, 2014

Beyond Health Insurance: What Your Company Should Be Doing Today to Protect Against New Risks Created by the Affordable Care Act

Enforce / August 1, 2013

THE AFFORDABLE CARE ACT “PLAY OR PAY” REQUIREMENTS TAKE EFFECT JANUARY 1, 2014—ARE YOU READY?

Agents of America / April 18, 2013

PREVENTING INSURANCE COMPANIES FROM WRONGFULLY DENYING STORM-RELATED CLAIMS

Risk Management / April 1, 2013

THE AFFORDABLE CARE ACT “PLAY OR PAY” REQUIREMENTS TAKE EFFECT JANUARY 1, 2014 – ARE YOU READY?

Policyholder Advisor & Alert / April 1, 2013

INSURANCE COVERAGE LESSONS FROM KATRINA: INSURANCE COMPANIES SHOULD BE PROTECTING POLICYHOLDERS, NOT INSURANCE COMPANIES

Metropolitan Corporate Counsel / January 8, 2013

HURRICANE SANDY AND INSURANCE COVERAGE: WHAT TO DO BEFORE THE SILT SETTLES

Washington Business Journal Blog / November 6, 2012

YOUR HOME MAY BE YOUR CASTLE, BUT YOUR RENTAL UNIT IS NOT

Multihousing News Magazine / August 30, 2012

BEWARE A SURETY’S DECLINATION OPTION IN PERFORMANCE BONDS

Law360 / August 16, 2012

SUPREME COURT RULES THAT AFFORDABLE CARE ACT IS CONSTITUTIONAL RISK MANAGEMENT DEPARTMENTS: SAY HELLO TO HR

Policyholder Advisor & Alert / June 29, 2012

U.S. Health Care Reform: Should Foreign Entities Care?

Italy-America Chamber of Commerce / April 11, 2011

EMPLOYERS AND HEALTH REFORM: DO YOU KNOW WHAT YOUR CURRENT OBLIGATIONS ARE?

Corporate Counsel / December 16, 2010

HEALTH CARE MANDATES? NOTHING NEW FOR FOREIGN STUDENTS

AOL News / December 16, 2010

WHEN COVERAGE IS DENIED UNDER HEALTH REFORM, THE GROUND RULES FOR APPEALS NO LONGER APPLY

Policyholder Advisor & Alert / November 9, 2010

No Time Like the Present for Health Reform: The Changes that Impact Employers are Starting Now

Anderson Kill / Health Reform Alert / September 15, 2010

NO REST FOR THE WEARY EMPLOYER THE NEW MEDICARE REPORTING REQUIREMENTS

Policyholder Advisor & Alert / July 2, 2010

LEVELING THE PLAYING FIELD – GOODBYE TO THE HEALTH INSURANCE ANTITRUST EXEMPTION

MarketWatch / June 14, 2010

ANOTHER VIEW: REWRITING HISTORY IN THE MORTGAGE CRISIS

The New York Times, DealBook / July 29, 2009

INSURANCE COVERAGE FOR SWINE FLU CLAIMS

Policyholder Advisor & Alert / May 4, 2009

IS IT A VASE OR ARE THERE TWO FACES? POLICYHOLDERS SEE ONE THING; INSURERS ANOTHER

CPCU Society Risk Management Quarterly / November 21, 2008

WRONG WAR, WRONG TIME, WRONG ENEMY: INSURANCE COMPANY CLAIMS OF LATE NOTICE SHOULD NOT SUSTAIN REFUSALS TO DEFEND

Corporate Counsel / December 18, 2007

SELF-ADMINISTRATION OF INSURANCE POLICIES ARE YOU QUALIFIED TO DO IT AND, IF YOU ERR, WHO PAYS?

Corporate Counsel / March 19, 2007

SEVEN “DEADLY SINS” TO AVOID WHEN NEGOTIATING SELF-FUNDED BENEFIT PLANS

Corporate Counsel / August 18, 2006

WIND VS. WATER: BATTLE ROYALE OVER HURRICANE CLAIMS

Risk Management / July 6, 2006

SELF-FUNDING YOUR INSURANCE PLAN: SOUNDS GREAT – BUT DANGER LURKS BENEATH

riskVue / June 3, 2005

COVERAGE FOR PUNITIVE DAMAGES: YOU MAY NOT GET WHAT YOU PAY FOR

Corporate Counsel / January 12, 2005

INSURANCE COVERAGE FOR POWER INTERRUPTION – IN THE NORTHEAST AND ELSEWHERE

Policyholder Advisor & Alert / September 1, 2003

WHEN FACED WITH A LAWSUIT, INSURANCE MAY EASE YOUR PAIN

Policyholder Advisor & Alert / September 1, 2002

ERISA PREEMPTION: GOING, GOING…ALMOST GONE?

Anderson Kill's Pharmaceutical & Healthcare Insurance Alert / July 1, 2002

HIDDEN THINGS YOU NEED TO KNOW

The Los Angeles Times / November 4, 2001

INSURANCE COVERAGE FOR POWER INTERRUPTIONS – IN CALIFORNIA AND ELSEWHERE

Policyholder Advisor & Alert / February 1, 2001

MY MONEY, MY LIFE; REVENGE OF THE INSURED

The New York Times / November 8, 1998

THE WRONG WAR, THE WRONG TIME, THE WRONG ENEMY: INSURERS’ ALLEGATIONS OF LATE NOTICE ARE UNTIMELY WHEN UNDERLYING ACTIONS ARE PENDING

/ May 1, 1996

THE MEANING OF LOSS OF USE IN THE DEFINITION OF PROPERTY DAMAGE

Insurance Litigation Reporter / October 1, 1990

News

Third Circuit Tosses Insurer Win in Nursing Home Coverage Row

December 27, 2023

Super Lawyers Recognizes 16 Anderson Kill Attorneys in 2023

September 25, 2023

Firearms Maker Sues Insurer for Curtailing Defense Funding in Long-Running Gun Violence Case

September 6, 2023

Gunmaker Says AIG Units Abruptly Dropped Defense

August 31, 2023

Ten Anderson Kill Attorneys Honored in The Best Lawyers in America 2024

August 17, 2023

Anderson Kill’s Insurance Recovery Practice Ranked Among Nation’s Best by Chambers USA 2023; Eight Attorneys Recognized

June 8, 2023

Ohio Derailment Expected to Pull In Insurers on Many Fronts

March 1, 2023

Ohio Derailment Puts Focus on Railroad Insurance, Risk Management

February 28, 2023

Super Lawyers Recognizes 14 Anderson Kill Attorneys in 2022

October 21, 2022

Health Care Co. Seeks Full Coverage For COVID Claims

October 11, 2022

Vermont Supreme Court rules that policyholder can seek coverage for “direct physical loss or damage” stemming from COVID-19

September 23, 2022

Appeals Court First to Rule in Favor of Coverage for COVID Shutdown

June 17, 2022

The Legal 500 2022 Ranks Anderson Kill a Tier 1 Insurance Recovery Practice

June 8, 2022

Chambers USA Ranks Anderson Kill Among Top Insurance Recovery Practices Nationally, in New York, and in New Jersey; Firm Attorneys in D.C. and Philadelphia Also Recognized

June 1, 2022

Hospitality Attys Eye Pandemic Impact On Industry In 2022

January 3, 2022

The Hartford To Invest $2.5B In Climate Initiatives

November 12, 2021

Anderson Kill Launches Climate Change and Disaster Recovery Practice Group

November 9, 2021

TEN ANDERSON KILL ATTORNEYS INCLUDED IN THE BEST LAWYERS IN AMERICA, 2022

August 17, 2021

Climate-related power outages raise risk, coverage issues

July 20, 2021

Legal 500 Recognizes Anderson Kill’s Insurance Recovery Group as a Top-Tier Practice for Fifteenth Consecutive Year

June 9, 2021

Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally, in New York, and in New Jersey

May 21, 2021

Insurer Wins Case Filed by New Orleans Restaurant that Filed Early COVID Claim

February 17, 2021

Anderson Kill to COVID-19 Policyholders: Don’t Give Up

February 1, 2021

Super Lawyers Recognizes 18 Anderson Kill Attorneys in 2020

October 21, 2020

BEST LAWYERS RECOGNIZES 12 ANDERSON KILL ATTORNEYS

August 20, 2020

Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally; Seven Attorneys Ranked

April 27, 2020

Have precedents been set; could COVID-19 be considered physical damage?

April 23, 2020

Insurance Policies Stacked Against Covid-19 Claims: State Survey

April 17, 2020

Anderson Kill Attorney: Property Insurers Misconstruing Physical Damage With Structural Damage

March 26, 2020

Best Lawyers in America Recognizes 10 Anderson Kill Insurance Recovery Attorneys

August 15, 2019

The Legal 500 Recognizes Anderson Kill’s Insurance Recovery Group for the 13th Consecutive Year

June 11, 2019

Insurance Group Of The Year: Anderson Kill

January 30, 2019

Super Lawyers Recognizes 20 Anderson Kill Attorneys in 2018

October 10, 2018

Insurer Can’t Prorate Asarco Asbestos Coverage, Judge Says

August 29, 2018

9 ANDERSON KILL LAWYERS NAMED TO 2019 BEST LAWYERS LIST

August 17, 2018

The Legal 500 US Recognizes Nine Anderson Kill Insurance Recovery Attorneys

July 11, 2018

Super Lawyers Recognizes 11 Anderson Kill Attorneys

October 6, 2017

19 ANDERSON KILL ATTORNEYS NAMED TO 2017 SUPER LAWYERS AND RISING STARS LISTS

October 6, 2017

Jury Finds Insurers Owe Amtrak $14.3M For Pollution Cleanup

September 28, 2017

Anderson Kill Attorneys Selected for Best Lawyers in America 2018

September 5, 2017

Policyholder Is Entitled To Documents Sought In Contamination Dispute

November 29, 2016

ELEVEN ANDERSON KILL ATTORNEYS SELECTED AS 2016 SUPER LAWYERS, NINE RISING STARS

October 4, 2016

Amtrak Can Pursue Sandy Repair Coverage, 2nd Circ. Rules

August 31, 2016

Amtrak Gets Insurer Docs In Environmental Cleanup Suit

February 22, 2016

Anderson Kill Attorneys Recognized in 2016 Best Lawyers in America

August 26, 2015

Female Powerbrokers Q&A: Anderson Kill’s Rhonda Orin

January 15, 2014

Attorneys: Commercial Insureds Should Prepare for Delays, Denials on Sandy Claims

February 19, 2013

Credit Suisse Ruling Arms Banks in Battle Over MBS Policies

October 16, 2012

Supreme Court Rules that Affordable Care Act Is Constitutional

June 29, 2012

Maryland Circuit Court Orders Judgment Enforcing Surety Bond Obligation of Fidelity & Deposit Company

February 2, 2012

Maryland Circuit Court Affirms Performance Bond Obligation to First Baptist Church of Guilford and First Mariner Bank

May 23, 2011

Mortgage Insurers Won’t Pay on Bad Loans

March 10, 2010

A Violation of Trust – A California verdict drives home the cost of TPA mismanagement of a workers’ compensation contract and perhaps reveals a more widespread problem

June 21, 2008

A Case in Context

June 20, 2008

9 Things Insurers Don’t Want You to Know – How to Protect Your Health and Family From Loopholes and Lapses

August 15, 2007

Uncovering Coverage – Left With An Old Insurance Policy? How to Win the Paper Chase

March 26, 2007

Lawyer: Katrina Lawsuits’ Jurisdiction Depends on Nature of Claim

October 1, 2006

After Hurricanes Katrina and Rita Struck Last Year, Homeowners in Louisiana and Mississippi Learned What Disaster Victims Elsewhere Already Know

October 1, 2006

Where Does It Hurt? In the Pocketbook

August 1, 2003

New York Appeals Court Rules Health Plan Can’t Invoke ERISA

February 1, 2003

You Can Make Them Pay

September 1, 2002

Save Money on Health Care

August 23, 2002

Bloomberg Money Show – April 18, 2002

April 18, 2002

Ask Personal Journal

April 1, 2002

Insurance Insights: How to Get Them to Pay

February 26, 2002

Bloomberg Money Show

January 9, 2002

Patients Flex Their Muscles

January 1, 2002

This May Hurt

October 1, 2001

How To Spot and Fix All the Costly Mistakes

June 1, 2001

Of Consuming Interest

April 22, 2001

Awards & Honors
  • Super Lawyers Top 50 Women - Washington, D.C.: 2024, 2020, 2019
  • American Bar Foundation Fellow: since 2018
  • Litigation Counsel of America Fellow: since 2017
  • The Best Lawyers in America: since 2011
  • Super Lawyers: since 2011
  • The Legal 500 US: since 2017
  • Chambers USA: since 2020
  • Women's Bar Association of the District of Columbia: "Star of the Bar" 2004
  • Business Insurance: Legal Team of the Year, 2018 and 2019
Education
  • New York University School of Law, J.D.
  • University of Pennsylvania, B.A., summa cum laude
Bar Admissions
  • District of Columbia
  • New York
  • New Jersey
Court Admissions
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • United States Court of Appeals for the District of Columbia
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Ninth Circuit
  • Supreme Court of the United States
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