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Robert M. Horkovich

Firm Managing Shareholder / New York

Profile

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

  1. United Nations: Engaged on several significant projects by the United Nations as its general insurance counsel.
  2. State of California: Anderson Kill served as lead trial counsel for the State of California in the State's suit against dozens of insurance companies over coverage for cleanup of the Stringfellow Acid Pits (what a federal court described as the most complex environmental clean-up in the world).  Trial victories were followed by two landmark decisions in favor of policyholder in the California Supreme Court.  The State recovered settlements of $172 million in indemnity plus $60 million in defense costs and $14 million in pre-judgment interest.
  3. 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.); subsequently settled. Gross settlements of over $190 million from 14 different insurance companies before trial.
  4. 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.
  5. 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.
  6. 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 also has represented The Port Authority of New York and New Jersey, San Diego Unified Port District, General Electric, Thiokol, Waste Management, Alcatel-Lucent, Garmin, SCI, 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 Kaiser-Gypsum, W.R. Grace, Owens Corning, Congoleum, Fuller-Austin, Swan Transportation (Tyler Pipe), and Asarco cases, and represented the Asbestos Claimants' Committee in the Federal Mogul, PPG/Pittsburgh Corning, and A.P. Green (GIT) bankruptcies.

Bob is also a member of Anderson Kill’s White Collar Defense Group.  He has extensive experience in antitrust matters, as well in criminal codes and the recovery of stolen assets, and has published extensively on antitrust matters.  As a Captain in the USAF JAG Corp., he was a Special Assistant U.S. Attorney and in that role prosecuted more than 200 cases.  He also was a Special Assistant District Attorney for Manhattan for the purposes of handling and arguing appeals of criminal convictions and successfully argued People v. Octavio Peck before the New York Court of Appeals winning an issue of constitutional law of first impression.

Memberships

Professional Memberships
Selected as a Fellow of the American Bar Foundation (limited to 1/3 of top 1% of U.S. Attorneys), New York, Maryland 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 United States v. Cooke, the 1981 prosecution of 2nd 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.

United States Senate Staff: U.S. Senator James L. Buckley (New York)(1975-1977)

Boy Scouts of America: Eagle Scout, 1971; Order of the Arrow

Experience

Insurance Coverage Trials

State of California v. Continental Insurance Co., et al., No. 239784 (August 11, 2015).  Court award of $13,914,082.09, the full amount of mandatory prejudgment interest owed by the two CNA insurance companies, after bench trial.  CNA previously agreed to pay $12 million, its full limits, before the prejudgment interest trial.

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.  To date we have recovered $172 million in indemnity plus $60 million in defense costs and $14 million in pre-judgment interest.

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.

In Re Corregated Container Antitrust Litigation, M.D.L. 310 (S.D. Texas Houston Div. 1980).  4th member of trial team at Skadden Arps representing Westvaco Corporation in a jury trial against Stephen Sussman in U.S. District Court (Houston) (Singleton, J.).

Reported Appellate Cases

Certain Underwriters at Lloyds, et al. v. BioEnergy Dev. Group LLC, 189 A.D.3d 573, 139 N.Y.S.3d 13 (1st Dept 2020); 178 A.D.3d 463, 115 N.Y.S.3d 240 (1st Dept 2019).  Breach of implied duty of good faith, consequential damages, attorneys’ fees and interest claim for tens of millions of dollars permitted because underwriters and insurance companies’ delayed interim payments on business interruption policies.

American Home Assurance Co. v. The Port Authority of New York and New Jersey, et al., 166 A.D.3d 464 (N.Y. App. Div. 1st Dept 2018).  Policy triggered if injuries arise out of building operations at World Trade Center/Hudson Bay site regardless of when harm became apparent; all fireproofing insulation injuries were not a single occurrence; AIG must continue to defend entirety of asbestos claims.

Matter of Viking Pump, Inc., 27 N.Y.S.3d 244 (2016).  Policyholders are entitled to “all sums”, not just pro-rata share, from policies with prior insurance or non-cumulation clauses.  Policyholders can spike vertically to access excess policies instead of relying on a “rising bath tub” allocation if their policies state underlying limits.  Amicus brief submitted on behalf of United Policyholders, WRG Asbestos PI Trust, Asarco Asbestos Personal Injury Trust, and others, accepted by New York Court of Appeals.

American Home Assurance Co. v. The Port Authority of New York and New Jersey, et al., 123 A.D.3d 633, 1 N.Y.S.3d 29 (1st Dept 2014).  Policyholder entitled to attorneys’ fees in establishing duty to defend even when policyholder moves for summary judgment on its counter-claim for defense.

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., 55 Cal.4th 186, 281 P.3d 1000 (2012).  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., 45 Cal.4th 1008, 201 P.3d 1147 (2009).  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., 206 Or. App. 1, 135 P.3d 450, (Or. Ct. App. 2006) app. dismissed, 2007 Ore. LEXIS 1110 (Or. 2007) (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 Tex. App. LEXIS 5692, 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).

Arbitrations

Represented the WRG Asbestos PI Trust in an arbitration against TIG Insurance Company before Hon. Timothy Lewis (2023).

Selected and acted as a third party arbitrator in Greenwich Insurance Co. v. Associated Materials LLC dba Alside before Hon. Steven Crane (JAMS 2019).

Represented the Owens Corning/Fibreboard Asbestos Personal Injury Trust in an arbitration under the Wellington Agreement before Hon. Timothy Lewis (2012).

Expert Testimony

Approved by the Court as an expert witness pursuant to Bankruptcy Code Sections 327, 328(a) and 1107(b) in Garrett Motion, Inc., et al., Case No. 20-12212 (MEW) (U.S. Bankr. Ct. S.D.N.Y.)(2021).

Identified as an expert witness by plaintiffs regarding third party rights under liability insurance policies in CX Reinsurance Co. v. Johnson, 252 Md. App. 393 (Md. Court of Spec. App. 2021).

Identified as an expert witness by NRG Energy and Louisiana Generating LLC regarding pollution liability insurance policy dispute in Louisiana Generating, et al. v. Illinois Union Insurance Company, No. 3:10-cv-00516 (M.D. La.).

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 my 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.

Speaking Engagements

Insurance Protection Gaps: Searching For Solutions

MyLawCLE / August 13, 2024

Minimizing Cost and Liability With Self-Insured and Deductible Strategies

Lorman Education Services / August 26, 2024

Common Pitfalls of Certificates of Insurance (2024)

Lorman Education Services / July 16, 2024

Bad Faith and Generative AI

LawPracticeCLE / July 18, 2024

AFFF Insurance Recoveries – Forever Chemicals

LawPractice CLE / June 26, 2024

Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds

Strafford Publications / June 11, 2024

Insurer Bad Faith and Generative AI: Challenging or Defending Accuracy and Reliability of Insurance Company AI Tools

Strafford Publications / March 21, 2024

Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA, and Others (2023)

Strafford Publications / October 3, 2023

Insurance Recovery for Forever Chemical Liabilities

Webinar Planet / May 31, 2023

Zombie Corporations and CERCLA Liability: Identifying and Pursuing Zombie PRPS

Strafford Publications / May 9, 2023

Stay Prepared: Maximizing Insurance Coverage for the Chronic Risk of Civil Unrest

RIMS Annual Conference 2023 / May 3, 2023

“Avoiding Liability Mineshafts with M&A Due Diligence” – Anderson Kill’s 26th Annual Policyholder Advisor Conference

Anderson Kill / November 17, 2022

Avoiding Liability Mineshafts with M&A Due Diligence

Association of Corporate Counsel (ACC) / October 26, 2022

Common Pitfalls of Certificates of Insurance (2022)

LawPracticeCLE / October 13, 2022

Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA, and Others (2022)

Strafford Publications / September 13, 2022

Insurer Extracontractual Liability for Biased Algorithms

Strafford Publications / August 31, 2021

Insured v. Insurer: Litigating Priorities in Subrogation Proceeds and the Made Whole Doctrine

Strafford Publications / July 20, 2021

Using Self-Insured Retentions, Other Insurance and Deductibles to Insure Emerging Risks

Lorman Educational Services / July 9, 2021

COVID-19 Business Interruption Loss and Ransomware Coverage

National Association of Waterfront Employers (NAWE) / May 20, 2021

In-House Counsel Perspective, Part 2: Managing and Retaining Relationships

Perrin Conferences / May 4, 2021

Choice of Law in Insurance Allocation Disputes: Multi-dimensional Chess

Clear Law Institute / August 20, 2015

Ten Essential Steps to Maximizing Your Insurance Claim

Clear Law Institute / July 29, 2015

Importance of Choice Law: Assessing the Current Rules in Key Jurisdictions, Recent Allocation Rulings and Their Impact on Disputes, and More

ACI's 2nd National Forum on Insurance Allocation / June 25, 2015

Environmental Insurance Coverage for NRD, CERCLA, RCRA, OPA and Other Claims (2015)

May 21, 2015

Risk Management Issues: Loss Mitigation Strategies for Port Authorities (2015)

Port Administration and Legal Issues Seminar / April 7, 2015

’Stacking’: What Is It and What Kinds of Policies May be “Stacked?”; Differences Among Jurisdictions on the Issue of ‘Stacking’

American Conference Institute's Insurance Allocation Conference / October 30, 2014

Pleading Insurer Bad Faith Claims: Surviving or Filing a Motion to Dismiss

Strafford / August 13, 2014

When Covered and Uncovered Losses Coincide

RIMS Annual Conference 2014 / April 30, 2014

Ten Tips for Getting Claims Paid (2014)

RIMS Annual Conference 2014 / April 29, 2014

Publications

Insurance Coverage Exists for the Forever Chemical in New Jersey

New Jersey Alert / June 14, 2024

INSURANCE COVERAGE FOR ACTIVE SHOOTER EVENTS

Policyholder Advisor & Alert / June 12, 2023

INSURANCE COVERAGE FOR JACKWARE ATTACKS

Risk Management Magazine (RMM) / May 19, 2022

7 TIPS FOR GETTING INSURANCE CLAIMS PAID EARLY

Risk Management Magazine (RMM) / February 10, 2022

POTENTIAL EMPLOYER LIABILITY STEMMING FROM THE COVID-19 PANDEMIC

Risk Management Magazine (RMM) / November 26, 2021

PRIVATE COMPANIES ALSO NEED D&O INSURANCE

Corporate Counsel Business Journal / October 29, 2021

KEY CONSIDERATIONS FOR PRIVATE COMPANY AND D AND O INSURANCE

Risk Management Magazine (RMM) / June 24, 2021

INSURANCE COVERAGE FOR FOREVER CHEMICALS

Risk Management Magazine (RMM) / May 3, 2021

10 TIPS FOR GETTING COVID-19 BUSINESS INTERRUPTION CLAIMS PAID

Risk Management Magazine (RMM) / February 10, 2021

NEW DEVELOPMENTS IN COVID-19 INSURANCE COVERAGE LITIGATION

Risk Management Magazine (RMM) / December 1, 2020

INSURANCE COVERAGE FOR BUSINESSES AFFECTED BY CIVIL UNREST

Risk Management Magazine / June 15, 2020

INSURANCE COVERAGE FOR CIVIL UNREST

Policyholder Advisor & Alert / June 5, 2020

INSURANCE CONSIDERATIONS FOR SHOOTING INCIDENTS

Risk Management Magazine (Fine Print) / December 2, 2019

DECADES OF WINNING MONEY FOR POLICYHOLDERS

CCBJ / September 4, 2019

THE RISK OF OVERLOOKING ADDITIONAL INSURED COVERAGE

Risk Management Magazine (RMM) / July 17, 2019

COURTS ADDRESS ALL SUMS COVERAGE ALLOCATION DEBATE

Risk Management Magazine / March 28, 2019

FINDING COVERAGE FOR GDPR LIABILITIES

Risk Management Magazine / December 10, 2018

ALLOCATION OF LONG-TAIL LOSSES IN NEW YORK AND NEW JERSEY

New York Law Journal / October 12, 2018

EMPLOYMENT PRACTICES LIABILITY INSURANCE AND THE METOO MOVEMENT

Risk Management Magazine / May 4, 2018

GETTING A HANDLE ON HANDHELD RISKS

Risk Management Magazine / April 18, 2018

THE ENVIRONMENTAL IMPACT OF HURRICANES

Risk Management Magazine / December 4, 2017

SECOND CIRCUIT DEBUNKS THE ‘LEGAL FICTION’ OF PRO-RATA ALLOCATION

Policyholder Advisor & Alert / October 6, 2017

THE ENVIRONMENTAL IMPACTS OF MAJOR HURRICANES: FROM SANDY TO IRMA

Law360 / September 8, 2017

TIMING IS EVERYTHING IN CRIME INSURANCE CLAIMS

Risk Management Magazine / September 5, 2017

THREE ISSUES FOR CAPTIVES WHEN ARBITRATING REINSURANCE DISPUTES

Risk Management Magazine / August 2, 2017

10 INSURANCE TIPS TO HELP MANAGE CONSTRUCTION RISKS

Risk Management Magazine / May 2, 2017

UNDERSTANDING THE BENEFITS AND RISKS OF BLOCKCHAIN

Risk Management Magazine / March 6, 2017

CHALLENGING ARBITRATION OF DISPUTES INVOLVING WORKERS COMPENSATION INSURANCE PROGRAMS

Risk Management Magazine / December 5, 2016

NAVIGATING WORKERS COMPENSATION INSURANCE PROGRAM DISPUTES

Risk Management Magazine / November 3, 2016

WHAT CAN A CAPTIVE DO FOR YOU

Risk Management Magazine / August 2, 2016

NEW YORK’S HIGH COURT SUPPORTS POLICYHOLDERS ON KEY ALLOCATION ISSUES FOR LONG-TAIL CLAIMS

Policyholder Advisor & Alert / June 22, 2016

TAPPING INTO EXISTING ENVIRONMENTAL COVERAGE

Risk Management Magazine / April 1, 2016

BUYING A COMPANY? TAKE A LOOK AT ITS INSURANCE PORTFOLIO

Risk Management Magazine / February 2, 2016

YOUR INSURANCE COMPANY’S DUTY TO SETTLE

Policyholder Advisor & Alert / January 21, 2016

YOUR INSURANCE COMPANY’S DUTY TO SETTLE

Policyholder Advisor & Alert / January 21, 2016

MATCHING YOUR EPLI TO YOUR ACTUAL EMPLOYMENT RISKS

Risk Management Magazine / November 13, 2015

IDENTIFYING INSURANCE COVERAGE FOR RIOT DAMAGE

Risk Management / June 2, 2015

CLIMATE CHANGE AND ITS IMPACT ON THE INSURANCE INDUSTRY

Risk Management / February 1, 2015

INSURANCE COVERAGE FOR RISKS ASSOCIATED WITH THE EBOLA OUTBREAK

Risk Management / December 4, 2014

OVERCOMING ONE-SIDED INSURANCE POLICY ARBITRATION AGREEMENTS

Risk Management / November 4, 2014

EXCESS EXHAUSTION

Risk Management / August 26, 2014

TOUGH LOVE GETS CLAIMS PAID

National Underwriter, Property Casualty 360 / June 25, 2014

MITIGATING BUSINESS INTERRUPTION EXPOSURES FROM CYBERATTACKS

Risk Management / May 1, 2014

DRAMATIC CHANGES ON THE HORIZON FOR CGL COVERAGE LAW

Risk Management / November 1, 2013

GIVING NOTICE: NEW ACORD CHANGES FOR CERTIFICATES OF INSURANCE

Risk Management / September 4, 2013

THE HIDDEN VALUE OF HISTORIC INSURANCE COVERAGE

Risk Management / June 6, 2013

PREVENTING INSURANCE COMPANIES FROM WRONGFULLY DENYING STORM-RELATED CLAIMS

Risk Management / April 1, 2013

CHALLENGING UNFAVORABLE ARBITRATION CLAUSES

Risk Management / February 5, 2013

ALL SUMS, ALL POLICIES FOR LONG-TAIL CLAIMS

Risk Management / December 4, 2012

ALL SUMS, ALL POLICIES: FULL COVERAGE RECOGNIZED FOR ‘LONG TAIL’ CLAIMS UNDER CALIFORNIA LAW

Policyholder Advisor & Alert / October 17, 2012

THE D&O FLASHPOINTS FOR LIBOR-RELATED INSURANCE CLAIMS

Risk Management / September 17, 2012

CURRENT TRENDS IN SITE-SPECIFIC ENVIRONMENTAL COVERAGE

Policyholder Advisor & Alert / June 27, 2012

10 TIPS FOR GETTING CLAIMS PAID

Risk Management / June 12, 2012

10 TIPS FOR GETTING CLAIMS PAID

Risk Management / June 12, 2012

HOW THE NEW SEC SETTLEMENT POLICY AFFECTS YOUR D&O COVERAGE

Risk Management / April 1, 2012

SETTLEMENTS WITH UNDERLYING INSURANCE COMPANIES DISCOURAGED BY SOME COURTS

Policyholder Advisor & Alert / February 17, 2012

MORE COURTS DISCOURAGING POLICYHOLDER SETTLEMENTS IN EXCESS CLAIMS CASES

Risk Management / February 7, 2012

BUYING THE RIGHT EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY

Risk Management / November 1, 2011

HOW THE ‘OTHER COVERAGES’ EXCLUSION CAN COST YOU MILLIONS

Risk Management / September 21, 2011

DECLINING ASSET VALUES AND FIDELITY INSURANCE COVERAGE

Risk Management / June 3, 2011

INSURANCE CLAIMS FOR SUPPLY CHAIN AFTERSHOCKS OF THE JAPANESE EARTHQUAKE AND TSUNAMI

Risk Management / March 21, 2011

INSURANCE CLAIMS FOR SUPPLY CHAIN AFTERSHOCKS OF THE JAPANESE EARTHQUAKE AND TSUNAMI

Policyholder Advisor & Alert / March 21, 2011

CLIMATE CHANGE AND THE DUTY TO DEFEND

Risk Management / March 11, 2011

MAXIMIZING RECOVERY ON PRODUCT LIABILITY INSURANCE CLAIMS

Risk Management / December 2, 2010

TEN TIPS FOR MITIGATING RISK IN CONSTRUCTION PROJECTS

Risk ManagementRisk Management / October 12, 2010

INSURANCE COVERAGE FOR GULF OIL SPILL LOSSES

Risk Management / June 4, 2010

INSURANCE COVERAGE FOR THE GULF COAST OIL SPILL LOSSES

Policyholder Advisor & Alert / May 25, 2010

IMPROVE YOUR POLICY WORDING DURING SOFT MARKETS

Risk Management / March 10, 2010

NEW LAWS, NEW LIABILITIES

Risk Management / December 4, 2009

CLAUSE REFLECTS KATRINA

Business Insurance / November 22, 2009

MIND THE GAP

Risk Management / October 9, 2009

HOW TO CHOOSE A DOMICILE

Risk Management / August 6, 2009

BRANDS AT RISK

Risk Management / May 5, 2009

CAPTIVE CONFUSION

Risk Management / March 12, 2009

COVERAGE FOR SUBPRIME LAWSUITS

Risk Management / December 3, 2008

HISTORIC INSURANCE ASSETS

Risk Management / November 7, 2008

RENT-A-CAPTIVE TAXES DEMYSTIFIED

Risk Management / August 21, 2008

No Time Like the Present: Current Insurance for Future Costs and Claims

Corporate Counsel / October 3, 2003

NO TIME LIKE THE PRESENT: CURRENT INSURANCE RECOVERIES FOR PRESENT LIABILITIES THAT INCLUDE FUTURE COSTS AND CLAIMS

Policyholder Advisor & Alert / July 1, 2002

INSURANCE COVERAGE FOR POWER INTERRUPTIONS – IN CALIFORNIA AND ELSEWHERE

Policyholder Advisor & Alert / February 1, 2001

News

Justices To Consider Insurer’s Right To Participate In Ch. 11

March 14, 2024

Biggest General Liability Rulings From 2023’s Second Half

January 1, 2024

Super Lawyers Recognizes 16 Anderson Kill Attorneys in 2023

September 25, 2023

PE Firms Upend Insurance Market for Legacy Liabilities

September 8, 2023

General Liability Cases to Watch in Second Half of 2023

June 30, 2023

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

June 8, 2023

Rise of Mass Shootings Fueling Specialized Coverage Options

May 10, 2023

Bad Faith Bill Could Dull NY’s ‘Pro-Insurer’ Edge

November 18, 2022

Super Lawyers Recognizes 14 Anderson Kill Attorneys in 2022

October 21, 2022

BTI Consulting Names Anderson Kill an “Awesome Opponent” in Litigation

October 12, 2022

Not All Missing Policy Cases Require Sherlock Holmes

October 7, 2022

Benchmark Litigation 2023 Honors Anderson Kill’s Robert M. Horkovich and Joshua Gold

October 5, 2022

Panelists Parry Environmental Liability Coverage’s Evolution

September 13, 2022

Asbestos Trusts May Leave Insurers Out In Cold

August 26, 2022

Insurance Fights Can Complicate The Bankruptcy Labyrinth

August 19, 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

Anderson Kill’s Insurance Recovery Group Named a Finalist in National Law Journal’s 2022 Elite Trial Lawyers Award

May 12, 2022

2021 Insurance Group Of The Year: Anderson Kill

February 21, 2022

Super Lawyers Recognizes 11 Anderson Kill Attorneys in 2021

November 1, 2021

‘The Future of Cybersecurity: Why There is Scope for Improvement With Josh Gold’

September 29, 2021

Twenty Years After 9-11, Anderson Kill Vows to Continue Pursuit of Justice for Victims

September 10, 2021

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

August 17, 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

Judge Ethan Greenberg Joins Anderson Kill as a shareholder in New York

March 23, 2021

Five Anderson Kill Attorneys Presenting at 2021 RIMS Annual Conference, April 19-21

December 28, 2020

Super Lawyers Recognizes 18 Anderson Kill Attorneys in 2020

October 21, 2020

BEST LAWYERS RECOGNIZES 12 ANDERSON KILL ATTORNEYS

August 20, 2020

ANDERSON KILL TO PAUSE FOR REFLECTION ON JUNETEENTH, JUNE 19, 2020, AND EXTEND PRO-BONO LEGAL ACTION TO SUPPORT RACIAL JUSTICE

June 18, 2020

Anderson Kill to Pause for Reflection on Juneteenth, June 19, 2020, and Extend Pro-Bono Legal Action to Support Racial Justice

June 18, 2020

RIOTING PLUS COVID-19 EQUALS COMPLEX BUSINESS INTERRUPTION CLAIMS

June 17, 2020

LEGAL 500 RECOGNIZES ANDERSON KILL’S INSURANCE RECOVERY GROUP AS A TOP-TIER PRACTICE FOR FOURTEENTH YEAR RUNNING

June 17, 2020

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

April 27, 2020

Calif. Justices Set Montrose’s Excess Enviro Coverage Path

April 6, 2020

Benchmark Litigation Names Robert M. Horkovich – Anderson Kill 2020 Insurance Lawyer of the Year

February 28, 2020

Anderson Kill Mourns the Passing of Longtime Colleague John H. Doyle III

December 11, 2019

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

2019 US Insurance Awards: Anderson Kill, Legal Team of the Year

May 1, 2019

Insurance Group Of The Year: Anderson Kill

January 30, 2019

Anderson Kill Named a National Tier 1 Firm by Benchmark Litigation

January 25, 2019

Law360 MVP: Anderson Kill’s Robert Horkovich

December 4, 2018

Law360 Names Robert M. Horkovich a 2018 MVP in Insurance Law

November 27, 2018

AIG Must Cover Port Authority Asbestos Claims, Court Affirms

November 15, 2018

Super Lawyers Recognizes 20 Anderson Kill Attorneys in 2018

October 10, 2018

The Legal 500 US Recognizes Nine Anderson Kill Insurance Recovery Attorneys

July 11, 2018

NJ Justices Fortify Insureds In Asbestos Coverage Gap Fight

June 29, 2018

Chambers USA Recognizes Anderson Kill’s Insurance Recovery Practice for Twelfth Straight Year

May 29, 2018

Insurers, Policyholders Both See Silver Lining In Olin Ruling

July 9, 2017

Chambers USA Ranks Anderson Kill’s Insurance Recovery Group for 11th Straight Year

June 9, 2017

Anderson Kill Insurance Recovery Attorneys Robert M. Horkovich, Joshua Gold and Peter A. Halprin to Speak at RIMS 2017 – Join us at Booth 1011

March 1, 2017

Anderson Kill Opens Los Angeles Office, Hires Bridget Byrnes Hirsch

November 2, 2016

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

October 4, 2016

4 Ways To Avoid An Attorney-Client Communication Disaster

September 2, 2016

Anderson Kill Attorneys Recognized in 2017 Best Lawyers in America

September 1, 2016

Legal 500 USA 2016 Recognizes Anderson Kill’s Insurance Recovery Practice

July 27, 2016

Chambers USA Recognizes Anderson Kill’s Insurance Recovery Group for 10th Consecutive Year

June 15, 2016

NY Allocation Ruling Speeds Policyholders’ Road to Recovery

May 3, 2016

Anderson Kill Attorneys Recognized in 2016 Best Lawyers in America

August 26, 2015

Calif. Nabs $13.9M In Interest From Insurer In Stringfellow Fight

August 4, 2015

The Legal 500 USA 2015 Recognizes Anderson Kill’s Insurance Recovery Group

June 21, 2015

Chambers USA Recognizes Anderson Kill’s Insurance Recovery Group for Ninth Year Running

June 4, 2015

5 Tips For Policyholders To Prevail At Trial

April 15, 2015

Law360 Names Robert M. Horkovich a Titan of the Plaintiffs Bar

October 2, 2014

Titan Of The Plaintiffs Bar: Bob Horkovich

September 29, 2014

Anderson Kill’s Insurance Recovery Group Ranked by The Legal 500 USA 2014

August 20, 2014

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Robert M. Horkovich

Firm Managing Shareholder , New York

Profile

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

  1. United Nations: Engaged on several significant projects by the United Nations as its general insurance counsel.
  2. State of California: Anderson Kill served as lead trial counsel for the State of California in the State's suit against dozens of insurance companies over coverage for cleanup of the Stringfellow Acid Pits (what a federal court described as the most complex environmental clean-up in the world).  Trial victories were followed by two landmark decisions in favor of policyholder in the California Supreme Court.  The State recovered settlements of $172 million in indemnity plus $60 million in defense costs and $14 million in pre-judgment interest.
  3. 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.); subsequently settled. Gross settlements of over $190 million from 14 different insurance companies before trial.
  4. 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.
  5. 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.
  6. 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 also has represented The Port Authority of New York and New Jersey, San Diego Unified Port District, General Electric, Thiokol, Waste Management, Alcatel-Lucent, Garmin, SCI, 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 Kaiser-Gypsum, W.R. Grace, Owens Corning, Congoleum, Fuller-Austin, Swan Transportation (Tyler Pipe), and Asarco cases, and represented the Asbestos Claimants' Committee in the Federal Mogul, PPG/Pittsburgh Corning, and A.P. Green (GIT) bankruptcies.

Bob is also a member of Anderson Kill’s White Collar Defense Group.  He has extensive experience in antitrust matters, as well in criminal codes and the recovery of stolen assets, and has published extensively on antitrust matters.  As a Captain in the USAF JAG Corp., he was a Special Assistant U.S. Attorney and in that role prosecuted more than 200 cases.  He also was a Special Assistant District Attorney for Manhattan for the purposes of handling and arguing appeals of criminal convictions and successfully argued People v. Octavio Peck before the New York Court of Appeals winning an issue of constitutional law of first impression.

Memberships

Professional Memberships
Selected as a Fellow of the American Bar Foundation (limited to 1/3 of top 1% of U.S. Attorneys), New York, Maryland 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 United States v. Cooke, the 1981 prosecution of 2nd 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.

United States Senate Staff: U.S. Senator James L. Buckley (New York)(1975-1977)

Boy Scouts of America: Eagle Scout, 1971; Order of the Arrow

Experience

Insurance Coverage Trials

State of California v. Continental Insurance Co., et al., No. 239784 (August 11, 2015).  Court award of $13,914,082.09, the full amount of mandatory prejudgment interest owed by the two CNA insurance companies, after bench trial.  CNA previously agreed to pay $12 million, its full limits, before the prejudgment interest trial.

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.  To date we have recovered $172 million in indemnity plus $60 million in defense costs and $14 million in pre-judgment interest.

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.

In Re Corregated Container Antitrust Litigation, M.D.L. 310 (S.D. Texas Houston Div. 1980).  4th member of trial team at Skadden Arps representing Westvaco Corporation in a jury trial against Stephen Sussman in U.S. District Court (Houston) (Singleton, J.).

Reported Appellate Cases

Certain Underwriters at Lloyds, et al. v. BioEnergy Dev. Group LLC, 189 A.D.3d 573, 139 N.Y.S.3d 13 (1st Dept 2020); 178 A.D.3d 463, 115 N.Y.S.3d 240 (1st Dept 2019).  Breach of implied duty of good faith, consequential damages, attorneys’ fees and interest claim for tens of millions of dollars permitted because underwriters and insurance companies’ delayed interim payments on business interruption policies.

American Home Assurance Co. v. The Port Authority of New York and New Jersey, et al., 166 A.D.3d 464 (N.Y. App. Div. 1st Dept 2018).  Policy triggered if injuries arise out of building operations at World Trade Center/Hudson Bay site regardless of when harm became apparent; all fireproofing insulation injuries were not a single occurrence; AIG must continue to defend entirety of asbestos claims.

Matter of Viking Pump, Inc., 27 N.Y.S.3d 244 (2016).  Policyholders are entitled to “all sums”, not just pro-rata share, from policies with prior insurance or non-cumulation clauses.  Policyholders can spike vertically to access excess policies instead of relying on a “rising bath tub” allocation if their policies state underlying limits.  Amicus brief submitted on behalf of United Policyholders, WRG Asbestos PI Trust, Asarco Asbestos Personal Injury Trust, and others, accepted by New York Court of Appeals.

American Home Assurance Co. v. The Port Authority of New York and New Jersey, et al., 123 A.D.3d 633, 1 N.Y.S.3d 29 (1st Dept 2014).  Policyholder entitled to attorneys’ fees in establishing duty to defend even when policyholder moves for summary judgment on its counter-claim for defense.

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., 55 Cal.4th 186, 281 P.3d 1000 (2012).  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., 45 Cal.4th 1008, 201 P.3d 1147 (2009).  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., 206 Or. App. 1, 135 P.3d 450, (Or. Ct. App. 2006) app. dismissed, 2007 Ore. LEXIS 1110 (Or. 2007) (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 Tex. App. LEXIS 5692, 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).

Arbitrations

Represented the WRG Asbestos PI Trust in an arbitration against TIG Insurance Company before Hon. Timothy Lewis (2023).

Selected and acted as a third party arbitrator in Greenwich Insurance Co. v. Associated Materials LLC dba Alside before Hon. Steven Crane (JAMS 2019).

Represented the Owens Corning/Fibreboard Asbestos Personal Injury Trust in an arbitration under the Wellington Agreement before Hon. Timothy Lewis (2012).

Expert Testimony

Approved by the Court as an expert witness pursuant to Bankruptcy Code Sections 327, 328(a) and 1107(b) in Garrett Motion, Inc., et al., Case No. 20-12212 (MEW) (U.S. Bankr. Ct. S.D.N.Y.)(2021).

Identified as an expert witness by plaintiffs regarding third party rights under liability insurance policies in CX Reinsurance Co. v. Johnson, 252 Md. App. 393 (Md. Court of Spec. App. 2021).

Identified as an expert witness by NRG Energy and Louisiana Generating LLC regarding pollution liability insurance policy dispute in Louisiana Generating, et al. v. Illinois Union Insurance Company, No. 3:10-cv-00516 (M.D. La.).

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 my 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.

Speaking Engagements

Insurance Protection Gaps: Searching For Solutions

MyLawCLE / July 17, 2024

Minimizing Cost and Liability With Self-Insured and Deductible Strategies

Lorman Education Services / July 5, 2024

Common Pitfalls of Certificates of Insurance (2024)

Lorman Education Services / June 20, 2024

Bad Faith and Generative AI

LawPracticeCLE / June 20, 2024

AFFF Insurance Recoveries – Forever Chemicals

LawPractice CLE / June 6, 2024

Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds

Strafford Publications / April 11, 2024

Insurer Bad Faith and Generative AI: Challenging or Defending Accuracy and Reliability of Insurance Company AI Tools

Strafford Publications / February 5, 2024

Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA, and Others (2023)

Strafford Publications / October 3, 2023

Insurance Recovery for Forever Chemical Liabilities

Webinar Planet / May 31, 2023

Zombie Corporations and CERCLA Liability: Identifying and Pursuing Zombie PRPS

Strafford Publications / May 9, 2023

Stay Prepared: Maximizing Insurance Coverage for the Chronic Risk of Civil Unrest

RIMS Annual Conference 2023 / May 3, 2023

“Avoiding Liability Mineshafts with M&A Due Diligence” – Anderson Kill’s 26th Annual Policyholder Advisor Conference

Anderson Kill / November 17, 2022

Avoiding Liability Mineshafts with M&A Due Diligence

Association of Corporate Counsel (ACC) / October 26, 2022

Common Pitfalls of Certificates of Insurance (2022)

LawPracticeCLE / October 13, 2022

Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA, and Others (2022)

Strafford Publications / September 13, 2022

Insurer Extracontractual Liability for Biased Algorithms

Strafford Publications / August 31, 2021

Insured v. Insurer: Litigating Priorities in Subrogation Proceeds and the Made Whole Doctrine

Strafford Publications / July 20, 2021

Using Self-Insured Retentions, Other Insurance and Deductibles to Insure Emerging Risks

Lorman Educational Services / July 9, 2021

COVID-19 Business Interruption Loss and Ransomware Coverage

National Association of Waterfront Employers (NAWE) / May 20, 2021

In-House Counsel Perspective, Part 2: Managing and Retaining Relationships

Perrin Conferences / May 4, 2021

Choice of Law in Insurance Allocation Disputes: Multi-dimensional Chess

Clear Law Institute / August 20, 2015

Ten Essential Steps to Maximizing Your Insurance Claim

Clear Law Institute / July 29, 2015

Importance of Choice Law: Assessing the Current Rules in Key Jurisdictions, Recent Allocation Rulings and Their Impact on Disputes, and More

ACI's 2nd National Forum on Insurance Allocation / June 25, 2015

Environmental Insurance Coverage for NRD, CERCLA, RCRA, OPA and Other Claims (2015)

May 21, 2015

Risk Management Issues: Loss Mitigation Strategies for Port Authorities (2015)

Port Administration and Legal Issues Seminar / April 7, 2015

’Stacking’: What Is It and What Kinds of Policies May be “Stacked?”; Differences Among Jurisdictions on the Issue of ‘Stacking’

American Conference Institute's Insurance Allocation Conference / October 13, 2014

Pleading Insurer Bad Faith Claims: Surviving or Filing a Motion to Dismiss

Strafford / August 13, 2014

When Covered and Uncovered Losses Coincide

RIMS Annual Conference 2014 / April 30, 2014

Ten Tips for Getting Claims Paid (2014)

RIMS Annual Conference 2014 / April 29, 2014

Publications

Insurance Coverage Exists for the Forever Chemical in New Jersey

New Jersey Alert / June 14, 2024

INSURANCE COVERAGE FOR ACTIVE SHOOTER EVENTS

Policyholder Advisor & Alert / June 12, 2023

INSURANCE COVERAGE FOR JACKWARE ATTACKS

Risk Management Magazine (RMM) / May 19, 2022

7 TIPS FOR GETTING INSURANCE CLAIMS PAID EARLY

Risk Management Magazine (RMM) / February 10, 2022

POTENTIAL EMPLOYER LIABILITY STEMMING FROM THE COVID-19 PANDEMIC

Risk Management Magazine (RMM) / November 26, 2021

PRIVATE COMPANIES ALSO NEED D&O INSURANCE

Corporate Counsel Business Journal / October 29, 2021

KEY CONSIDERATIONS FOR PRIVATE COMPANY AND D AND O INSURANCE

Risk Management Magazine (RMM) / June 24, 2021

INSURANCE COVERAGE FOR FOREVER CHEMICALS

Risk Management Magazine (RMM) / May 3, 2021

10 TIPS FOR GETTING COVID-19 BUSINESS INTERRUPTION CLAIMS PAID

Risk Management Magazine (RMM) / February 10, 2021

NEW DEVELOPMENTS IN COVID-19 INSURANCE COVERAGE LITIGATION

Risk Management Magazine (RMM) / December 1, 2020

INSURANCE COVERAGE FOR BUSINESSES AFFECTED BY CIVIL UNREST

Risk Management Magazine / June 15, 2020

INSURANCE COVERAGE FOR CIVIL UNREST

Policyholder Advisor & Alert / June 5, 2020

INSURANCE CONSIDERATIONS FOR SHOOTING INCIDENTS

Risk Management Magazine (Fine Print) / December 2, 2019

DECADES OF WINNING MONEY FOR POLICYHOLDERS

CCBJ / September 4, 2019

THE RISK OF OVERLOOKING ADDITIONAL INSURED COVERAGE

Risk Management Magazine (RMM) / July 17, 2019

COURTS ADDRESS ALL SUMS COVERAGE ALLOCATION DEBATE

Risk Management Magazine / March 28, 2019

FINDING COVERAGE FOR GDPR LIABILITIES

Risk Management Magazine / December 10, 2018

ALLOCATION OF LONG-TAIL LOSSES IN NEW YORK AND NEW JERSEY

New York Law Journal / October 12, 2018

EMPLOYMENT PRACTICES LIABILITY INSURANCE AND THE METOO MOVEMENT

Risk Management Magazine / May 4, 2018

GETTING A HANDLE ON HANDHELD RISKS

Risk Management Magazine / April 18, 2018

THE ENVIRONMENTAL IMPACT OF HURRICANES

Risk Management Magazine / December 4, 2017

SECOND CIRCUIT DEBUNKS THE ‘LEGAL FICTION’ OF PRO-RATA ALLOCATION

Policyholder Advisor & Alert / October 6, 2017

THE ENVIRONMENTAL IMPACTS OF MAJOR HURRICANES: FROM SANDY TO IRMA

Law360 / September 8, 2017

TIMING IS EVERYTHING IN CRIME INSURANCE CLAIMS

Risk Management Magazine / September 5, 2017

THREE ISSUES FOR CAPTIVES WHEN ARBITRATING REINSURANCE DISPUTES

Risk Management Magazine / August 2, 2017

10 INSURANCE TIPS TO HELP MANAGE CONSTRUCTION RISKS

Risk Management Magazine / May 2, 2017

UNDERSTANDING THE BENEFITS AND RISKS OF BLOCKCHAIN

Risk Management Magazine / March 6, 2017

CHALLENGING ARBITRATION OF DISPUTES INVOLVING WORKERS COMPENSATION INSURANCE PROGRAMS

Risk Management Magazine / December 5, 2016

NAVIGATING WORKERS COMPENSATION INSURANCE PROGRAM DISPUTES

Risk Management Magazine / November 3, 2016

WHAT CAN A CAPTIVE DO FOR YOU

Risk Management Magazine / August 2, 2016

NEW YORK’S HIGH COURT SUPPORTS POLICYHOLDERS ON KEY ALLOCATION ISSUES FOR LONG-TAIL CLAIMS

Policyholder Advisor & Alert / June 22, 2016

TAPPING INTO EXISTING ENVIRONMENTAL COVERAGE

Risk Management Magazine / April 1, 2016

BUYING A COMPANY? TAKE A LOOK AT ITS INSURANCE PORTFOLIO

Risk Management Magazine / February 2, 2016

YOUR INSURANCE COMPANY’S DUTY TO SETTLE

Policyholder Advisor & Alert / January 21, 2016

YOUR INSURANCE COMPANY’S DUTY TO SETTLE

Policyholder Advisor & Alert / January 21, 2016

MATCHING YOUR EPLI TO YOUR ACTUAL EMPLOYMENT RISKS

Risk Management Magazine / November 13, 2015

IDENTIFYING INSURANCE COVERAGE FOR RIOT DAMAGE

Risk Management / June 2, 2015

CLIMATE CHANGE AND ITS IMPACT ON THE INSURANCE INDUSTRY

Risk Management / February 1, 2015

INSURANCE COVERAGE FOR RISKS ASSOCIATED WITH THE EBOLA OUTBREAK

Risk Management / December 4, 2014

OVERCOMING ONE-SIDED INSURANCE POLICY ARBITRATION AGREEMENTS

Risk Management / November 4, 2014

EXCESS EXHAUSTION

Risk Management / August 26, 2014

TOUGH LOVE GETS CLAIMS PAID

National Underwriter, Property Casualty 360 / June 25, 2014

MITIGATING BUSINESS INTERRUPTION EXPOSURES FROM CYBERATTACKS

Risk Management / May 1, 2014

DRAMATIC CHANGES ON THE HORIZON FOR CGL COVERAGE LAW

Risk Management / November 1, 2013

GIVING NOTICE: NEW ACORD CHANGES FOR CERTIFICATES OF INSURANCE

Risk Management / September 4, 2013

THE HIDDEN VALUE OF HISTORIC INSURANCE COVERAGE

Risk Management / June 6, 2013

PREVENTING INSURANCE COMPANIES FROM WRONGFULLY DENYING STORM-RELATED CLAIMS

Risk Management / April 1, 2013

CHALLENGING UNFAVORABLE ARBITRATION CLAUSES

Risk Management / February 5, 2013

ALL SUMS, ALL POLICIES FOR LONG-TAIL CLAIMS

Risk Management / December 4, 2012

ALL SUMS, ALL POLICIES: FULL COVERAGE RECOGNIZED FOR ‘LONG TAIL’ CLAIMS UNDER CALIFORNIA LAW

Policyholder Advisor & Alert / October 17, 2012

THE D&O FLASHPOINTS FOR LIBOR-RELATED INSURANCE CLAIMS

Risk Management / September 17, 2012

CURRENT TRENDS IN SITE-SPECIFIC ENVIRONMENTAL COVERAGE

Policyholder Advisor & Alert / June 27, 2012

10 TIPS FOR GETTING CLAIMS PAID

Risk Management / June 12, 2012

10 TIPS FOR GETTING CLAIMS PAID

Risk Management / June 12, 2012

HOW THE NEW SEC SETTLEMENT POLICY AFFECTS YOUR D&O COVERAGE

Risk Management / April 1, 2012

SETTLEMENTS WITH UNDERLYING INSURANCE COMPANIES DISCOURAGED BY SOME COURTS

Policyholder Advisor & Alert / February 17, 2012

MORE COURTS DISCOURAGING POLICYHOLDER SETTLEMENTS IN EXCESS CLAIMS CASES

Risk Management / February 7, 2012

BUYING THE RIGHT EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY

Risk Management / November 1, 2011

HOW THE ‘OTHER COVERAGES’ EXCLUSION CAN COST YOU MILLIONS

Risk Management / September 21, 2011

DECLINING ASSET VALUES AND FIDELITY INSURANCE COVERAGE

Risk Management / June 3, 2011

INSURANCE CLAIMS FOR SUPPLY CHAIN AFTERSHOCKS OF THE JAPANESE EARTHQUAKE AND TSUNAMI

Risk Management / March 21, 2011

INSURANCE CLAIMS FOR SUPPLY CHAIN AFTERSHOCKS OF THE JAPANESE EARTHQUAKE AND TSUNAMI

Policyholder Advisor & Alert / March 21, 2011

CLIMATE CHANGE AND THE DUTY TO DEFEND

Risk Management / March 11, 2011

MAXIMIZING RECOVERY ON PRODUCT LIABILITY INSURANCE CLAIMS

Risk Management / December 2, 2010

TEN TIPS FOR MITIGATING RISK IN CONSTRUCTION PROJECTS

Risk ManagementRisk Management / October 12, 2010

INSURANCE COVERAGE FOR GULF OIL SPILL LOSSES

Risk Management / June 4, 2010

INSURANCE COVERAGE FOR THE GULF COAST OIL SPILL LOSSES

Policyholder Advisor & Alert / May 25, 2010

IMPROVE YOUR POLICY WORDING DURING SOFT MARKETS

Risk Management / March 10, 2010

NEW LAWS, NEW LIABILITIES

Risk Management / December 4, 2009

CLAUSE REFLECTS KATRINA

Business Insurance / November 22, 2009

MIND THE GAP

Risk Management / October 9, 2009

HOW TO CHOOSE A DOMICILE

Risk Management / August 6, 2009

BRANDS AT RISK

Risk Management / May 5, 2009

CAPTIVE CONFUSION

Risk Management / March 12, 2009

COVERAGE FOR SUBPRIME LAWSUITS

Risk Management / December 3, 2008

HISTORIC INSURANCE ASSETS

Risk Management / November 7, 2008

RENT-A-CAPTIVE TAXES DEMYSTIFIED

Risk Management / August 21, 2008

No Time Like the Present: Current Insurance for Future Costs and Claims

Corporate Counsel / October 3, 2003

NO TIME LIKE THE PRESENT: CURRENT INSURANCE RECOVERIES FOR PRESENT LIABILITIES THAT INCLUDE FUTURE COSTS AND CLAIMS

Policyholder Advisor & Alert / July 1, 2002

INSURANCE COVERAGE FOR POWER INTERRUPTIONS – IN CALIFORNIA AND ELSEWHERE

Policyholder Advisor & Alert / February 1, 2001

News

Justices To Consider Insurer’s Right To Participate In Ch. 11

March 14, 2024

Biggest General Liability Rulings From 2023’s Second Half

January 1, 2024

Super Lawyers Recognizes 16 Anderson Kill Attorneys in 2023

September 25, 2023

PE Firms Upend Insurance Market for Legacy Liabilities

September 8, 2023

General Liability Cases to Watch in Second Half of 2023

June 30, 2023

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

June 8, 2023

Rise of Mass Shootings Fueling Specialized Coverage Options

May 10, 2023

Bad Faith Bill Could Dull NY’s ‘Pro-Insurer’ Edge

November 18, 2022

Super Lawyers Recognizes 14 Anderson Kill Attorneys in 2022

October 21, 2022

BTI Consulting Names Anderson Kill an “Awesome Opponent” in Litigation

October 12, 2022

Not All Missing Policy Cases Require Sherlock Holmes

October 7, 2022

Benchmark Litigation 2023 Honors Anderson Kill’s Robert M. Horkovich and Joshua Gold

October 5, 2022

Panelists Parry Environmental Liability Coverage’s Evolution

September 13, 2022

Asbestos Trusts May Leave Insurers Out In Cold

August 26, 2022

Insurance Fights Can Complicate The Bankruptcy Labyrinth

August 19, 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

Anderson Kill’s Insurance Recovery Group Named a Finalist in National Law Journal’s 2022 Elite Trial Lawyers Award

May 12, 2022

2021 Insurance Group Of The Year: Anderson Kill

February 21, 2022

Super Lawyers Recognizes 11 Anderson Kill Attorneys in 2021

November 1, 2021

‘The Future of Cybersecurity: Why There is Scope for Improvement With Josh Gold’

September 29, 2021

Twenty Years After 9-11, Anderson Kill Vows to Continue Pursuit of Justice for Victims

September 10, 2021

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

August 17, 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

Judge Ethan Greenberg Joins Anderson Kill as a shareholder in New York

March 23, 2021

Five Anderson Kill Attorneys Presenting at 2021 RIMS Annual Conference, April 19-21

December 28, 2020

Super Lawyers Recognizes 18 Anderson Kill Attorneys in 2020

October 21, 2020

BEST LAWYERS RECOGNIZES 12 ANDERSON KILL ATTORNEYS

August 20, 2020

ANDERSON KILL TO PAUSE FOR REFLECTION ON JUNETEENTH, JUNE 19, 2020, AND EXTEND PRO-BONO LEGAL ACTION TO SUPPORT RACIAL JUSTICE

June 18, 2020

Anderson Kill to Pause for Reflection on Juneteenth, June 19, 2020, and Extend Pro-Bono Legal Action to Support Racial Justice

June 18, 2020

RIOTING PLUS COVID-19 EQUALS COMPLEX BUSINESS INTERRUPTION CLAIMS

June 17, 2020

LEGAL 500 RECOGNIZES ANDERSON KILL’S INSURANCE RECOVERY GROUP AS A TOP-TIER PRACTICE FOR FOURTEENTH YEAR RUNNING

June 17, 2020

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

April 27, 2020

Calif. Justices Set Montrose’s Excess Enviro Coverage Path

April 6, 2020

Benchmark Litigation Names Robert M. Horkovich – Anderson Kill 2020 Insurance Lawyer of the Year

February 28, 2020

Anderson Kill Mourns the Passing of Longtime Colleague John H. Doyle III

December 11, 2019

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

2019 US Insurance Awards: Anderson Kill, Legal Team of the Year

May 1, 2019

Insurance Group Of The Year: Anderson Kill

January 30, 2019

Anderson Kill Named a National Tier 1 Firm by Benchmark Litigation

January 25, 2019

Law360 MVP: Anderson Kill’s Robert Horkovich

December 4, 2018

Law360 Names Robert M. Horkovich a 2018 MVP in Insurance Law

November 27, 2018

AIG Must Cover Port Authority Asbestos Claims, Court Affirms

November 15, 2018

Super Lawyers Recognizes 20 Anderson Kill Attorneys in 2018

October 10, 2018

The Legal 500 US Recognizes Nine Anderson Kill Insurance Recovery Attorneys

July 11, 2018

NJ Justices Fortify Insureds In Asbestos Coverage Gap Fight

June 29, 2018

Chambers USA Recognizes Anderson Kill’s Insurance Recovery Practice for Twelfth Straight Year

May 29, 2018

Insurers, Policyholders Both See Silver Lining In Olin Ruling

July 9, 2017

Chambers USA Ranks Anderson Kill’s Insurance Recovery Group for 11th Straight Year

June 9, 2017

Anderson Kill Insurance Recovery Attorneys Robert M. Horkovich, Joshua Gold and Peter A. Halprin to Speak at RIMS 2017 – Join us at Booth 1011

March 1, 2017

Anderson Kill Opens Los Angeles Office, Hires Bridget Byrnes Hirsch

November 2, 2016

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

October 4, 2016

4 Ways To Avoid An Attorney-Client Communication Disaster

September 2, 2016

Anderson Kill Attorneys Recognized in 2017 Best Lawyers in America

September 1, 2016

Legal 500 USA 2016 Recognizes Anderson Kill’s Insurance Recovery Practice

July 27, 2016

Chambers USA Recognizes Anderson Kill’s Insurance Recovery Group for 10th Consecutive Year

June 15, 2016

NY Allocation Ruling Speeds Policyholders’ Road to Recovery

May 3, 2016

Anderson Kill Attorneys Recognized in 2016 Best Lawyers in America

August 26, 2015

Calif. Nabs $13.9M In Interest From Insurer In Stringfellow Fight

August 4, 2015

The Legal 500 USA 2015 Recognizes Anderson Kill’s Insurance Recovery Group

June 21, 2015

Chambers USA Recognizes Anderson Kill’s Insurance Recovery Group for Ninth Year Running

June 4, 2015

5 Tips For Policyholders To Prevail At Trial

April 15, 2015

Law360 Names Robert M. Horkovich a Titan of the Plaintiffs Bar

October 2, 2014

Titan Of The Plaintiffs Bar: Bob Horkovich

September 29, 2014

Anderson Kill’s Insurance Recovery Group Ranked by The Legal 500 USA 2014

August 20, 2014

Awards & Honors
  • Benchmark Litigation: Insurance Litigator of the Year Finalist 2024
  • Benchmark Litigation: National Litigation Star since 2013
  • Best Lawyers: since 2009
  • Chambers USA: Leading Insurance Recovery Attorney since 2005
  • Super Lawyers: Insurance Coverage since 2006
  • The Legal 500 United States: since 2006
  • Benchmark Litigation: Insurance Lawyer of the Year 2020
  • The Legal 500 United States: Hall of Fame 2020
  • Law360: MVP in Insurance 2018
  • Law360: Titan of the Plaintiff Bar 2014
  • Law360: MVP in Insurance 2012
  • Martindale Hubbell: “AV® Preeminent™ Peer Review”
  • Lexis/Nexis: Policyholder Lawyer of the Year 2009
  • American Bar Foundation Fellow
Education
  • Fordham University School of Law, J.D.
  • Fordham University, B.S.
Bar Admissions
  • New York
  • Maryland
Court Admissions
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the District of Maryland
  • 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 Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Military Appeals

© Copyright 2024 by Anderson Kill P.C.