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Insurance Recovery

Overview

Anderson Kill is the 2024 Legal Team of the Year awarded by Business Insurance. Our insurance recovery attorneys have recovered billions of dollars in judgments and settlements from insurance companies over the course of five decades and have made insurance law in multiple states. We represent policyholders only in insurance coverage disputes, maintaining no ties to insurance companies and thus avoiding conflicts of interest.

Our Insurance Recovery Group represents policyholders in insurance coverage disputes regarding environmental/asbestos/toxic tort liability, directors’ and officers’ liability, data breaches and emerging cyber risks, products liability, professional liability, intellectual property claims, commercial crime, property losses, business interruption losses, marine cargo losses and many other types of claims. Our clients include some of the nation’s largest corporate policyholders as well as utilities, municipalities, state governments, charities, major religious and not-for-profit organizations, small companies and individuals.

In response to the greatest social and economic challenge of our times, the Covid-19 pandemic, Anderson Kill has been retained by national and local businesses to pursue insurance coverage.

Anderson Kill attorneys have long been recognized as leaders in the field:

  • The New York Times described Anderson Kill as “a leader in representing big corporations and individuals against insurance companies.”
  • The Wall Street Journal reported that we combine “corporate polish with the pugnacity” of a plaintiff’s firm.”
  • Business Insurance has named us Legal Team of the Year four times in seven years: 2024, 2021, 2019 and 2018.
  • Year after year, we are recognized as a leading national insurance recovery practice by Chambers USA, The Legal 500, Benchmark, and U.S. News Best Law Firms.

In our 50th anniversary year, 2019, we were recognized with a trifecta of awards from leading legal and insurance publications:

  • Business Insurance named us Legal Team of the Year for second year running.
  • Law360 named our insurance recovery group a Practice Group of the Year.
  • New York Law Journal deemed us Litigation Department of the Year in Insurance.

Anderson Kill lawyers have written hundreds of articles on the full gamut of insurance coverage issues. Many of these articles have been quoted in court opinions in support of rulings that hold insurance companies to their contractual obligations.

Insurance Recovery Resources

Long before artificial intelligence (AI) became a legal industry innovation, we were achieving cost-efficiencies through the concept of AI because specific legal issues of our highly specialized practice repeat for our clients, one case after another. In order to avoid reinventing the wheel, for five decades Anderson Kill has maintained an internal depository of public and private documents–including briefs, depositions, regulatory history, research analyses and legal memoranda–on issues that repeat. We never need to write and research the issues from scratch. As we apply technological advances to information already at our fingertips (aka The Wheel), we come closer than ever to the goal of maximum legal efficiency. That is the Anderson Kill Difference…powerful ammunition for the benefit of our policyholder clients.

Experience

Anderson Kill represents Schleicher & Stebbins Hotels in a suit filed in NH State court on June 19, 2020 under the first $150,000,000 of a $600,000,000 property insurance program, seeking coverage for business income losses stemming from the Covid-19 pandemic. Estimated losses exceed $100,000,000. The insurance company’s motions to transfer and dismiss the case were both denied. The plaintiff filed a motion arguing that the insurance companies’ defense based on “physical loss or damage” does not preclude coverage under the terms of the policies they sold or under established NH Supreme Court precedent. On June 15, 2021, Superior Court Judge John C. Kissinger Jr. held that the coronavirus causes “a distinct and demonstrable alteration” to property that triggers business interruption coverage and granted summary judgment in plaintiffs’ favor on that issue. The judge also determined that a “microorganism” exclusion did not preclude coverage but ruled that one insurance company with a different exclusion specifically mentioning “virus” was excused from the case. The ruling on physical loss or damage is grounded in a New Hampshire Supreme Court ruling in Mellin v. Northern Security Insurance Co. that the impact of a persistent odor of cat urine on property can constitute “physical loss.” Following the Superior Court’s ruling on the cross-motions for summary judgment, AK filed a motion seeking leave to file an amended complaint, including a cause of action for bad faith based on the insurance companies’ alleged failure to consider New Hampshire law or the terms of the policies when considering whether the claim was covered. The ruling is one of the few so far to affirm policyholders’ contentions that pre-pandemic precedent from numerous states requires coverage for business interruption losses caused by conditions that do not result in structural damage.

Anderson Kill represented Sonneborn LLC, a leading manufacturer and supplier of high-purity specialty hydrocarbons and vegetable-based emollients, in an insurance coverage action against several insurers in Pa. Court of Common Pleas seeking tens of millions of dollars for losses resulting from a refinery fire. The case involved novel and complex issues relating to “ordinance or law” coverage for safety upgrades to refinery processing machinery and equipment implemented after the fire. In particular, and of potentially broad significance, the case involved novel issues of whether the OSHA General Duty clause, which applies to every construction contract but does not specify safety requirements for particular situations, constitutes a law or ordinance which triggers coverage, when in the past OSHA has studied the type of problem which triggered the explosion at issue. A settlement favorable to the policyholder was finalized and the case was dismissed in November 2021.

In the matter of BDO Puerto Rico PSC v. Chubb Insurance Company of Puerto Rico, we successfully argued that where a policyholder seeks summary judgment on the duty to defend, the insurance company cannot rely on information that it did not have when it first denied coverage and, as such, cannot seek a stay of the motion for summary judgment in order to pursue discovery. Chubb pursued its argument all the way to the Puerto Rico Supreme Court, which denied Chubb’s Petition for Writ of Certiorari on February 24, 2022.

After the U.S. District Court for the Northern District of Texas found in 2020 that insurance company EMCC was right to deny coverage for a lawsuit seeking damages stemming from a faulty roof, we convinced the Fifth Circuit to reverse in 2022. The court accepted our argument that EMCC’s reading of the underlying complaint was “overly narrow” and that the insurance company has a duty to defend under Texas law.

Siplast Inc. v. Employers Mutual Casualty Company, Case 3:19-cv-01320-M (N.D. Tex.). The case settled.

Anderson Kill filed an amicus for United Policyholders in this case, Huntington Ingalls Inc. et al. v. Ace American Insurance Company et al., in the Vermont Supreme Court. Reversing the trial court, the state high found on Sept. 23, 2022 that under Vermont law, the nation’s largest military shipbuilder may have suffered “direct physical damage” from COVID-19 that would trigger business interruption coverage. Remanding the case back to the trial court, the high court ruled that Huntington Ingalls Industries, Inc and its captive insurer may seek coverage from its reinsurers for “direct physical loss or damage” to property and resulting business interruption losses. The high court concluded that while “direct physical loss” requires a “distinct, demonstrable, physical change to property,” such a change “need not necessarily be visible; alterations at the microscopic level may meet this threshold.”

Selected by the State of California as lead trial counsel. Won jury verdict securing coverage for the Stringfellow Acid Pits, described as the most complex environmental clean-up in the world. Recovered gross settlements of over $121 million plus defense before trial.

The Louisiana Court ruled that ConocoPhillips is entitled to defense against bodily claims as an additional insured arising from discharged-product recovery effort.

Among other things, ABM sought Business Income and Extra Expense coverage in excess of $100 million.  Aside from the building owner, Silverstein Properties, ABM’s claim is believed to be the largest litigated 9/11-related claim made as a result of the events of that day.

Purdue is a pharmaceutical manufacturer.  Beginning in 2001, numerous lawsuits were brought against Purdue by individuals claiming that they had been harmed by one of Purdue’s products, OxyContin Tablets©.  Purdue sought defense and indemnity from its products liability insurance companies.  Purdue sought to select its own counsel and control its own defense of these cases with its insurance companies funding the defense.

Included in this case is a class action lawsuit which is the most comprehensive and far reaching insurance coverage-related litigation arising out of the aftermath of Hurricane Katrina.  In the most significant pro-policyholder decision arising out of Hurricane Katrina, a Federal Judge in Louisiana ruled that all-risk homeowners insurance policies sold by several insurance companies covered losses resulting from the ruptured levees in the Greater New Orleans Metropolitan Area.

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.

Following a settlement with various insurance companies for a major property loss, the Roman Catholic Diocese of Greenburg Pennsylvania won a multi-million jury verdict against its third party administrator.

This case was the first insurance coverage lawsuit brought against various state guaranty funds arising from losses sustained by companies that sold consumer extended warranty contracts.  In a novel approach, the state funds were sued in one jurisdiction rather than in each state venue.  As a result of the litigation, the claim was settled for approximately $1 million.

This was one of the earliest insurance coverage lawsuits arising from the attacks on 9/11/01. The complexity of the claims and issues of proof involved were extraordinary.  The claim was for $71 million and the lawsuit ultimately settled for a confidential sum close to that amount.

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.

Settlement involving 250 waste sites, with Travelers Indemnity Company, accomplished in September, 1990. The Wall Street Journal reported the following: “This is the first settlement of environmental liabilities of this magnitude. Many thought cases of this size could not be settled,” said David Ichel of the New York law firm Simpson Thatcher & Bartlett, a lawyer for the Travelers Corp. unit.

Over $45 million in settlements with over 30 insurance companies of environmental liabilities in less than 2 1/2 years.

A very substantial settlement involving over 25 waste sites and more than a dozen insurance companies.

Successful settlement of approximately $45 million or close to 50% of Champion’s estimated damages, after only a little more than 18 months of litigation.

Successful settlement of Albuterol MDL class action during trial by posing of insurance company letters of credit. No litigation with insurers.

Settlement of insurance claims arising from polybutylene plumbing systems. Reached coverage in place agreements or lump-sum settlements with all but one carrier before trial. Verdict for policyholder at trial.

Settled significant business interruption claim within seven months of filing complaint, for an amount that was 20% greater (in excess of $1,000,000) than the client’s “best case” scenario”.

Recovered over $55 million in settlement in a litigation brought by the Superintendent on behalf of the policyholders of Union Indemnity Insurance against its corporate parent, Frank B. Hall and others.

Recovered more than $300 million in settlement from, among others, AIG, Employers of Wausau, CNA, and Home Insurance Company.  The settlements with AIG, Wausau, and CNA were for full policy limits in addition to defense costs.

Settlements with all insurance companies (more than 20), recovering virtually all of Schering’s environmental cleanup costs.

Significant settlements were achieved before trial with more than one dozen insurance company defendants, which enabled the policyholder to collect dollar amounts that well exceeded its full litigation costs.

Successfully concluded a multi-million-dollar settlement to pay for Magma’s flood damage first party property claim.

Achieved a substantial settlement for a large percentage of this scap metal recycler’s damages in remediating environmental property damage and in defending itself from federal and state environmental authorities, as well as other potentially responsible parties.

Bad faith jury trial involving construction defects settled after plaintiff called the first witness.

Over $25 million in successful settlements with all of the defendant insurance companies in this environmental insurance coverage litigation involving sites in New Jersey, New York and elsewhere

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.

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.

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.

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.

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.

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.

Successful settlements with both primary insurance companies came after precedent-setting decision on the duty to defend policyholders against environmental clean-up claims.

Represented policyholder to recover proceeds of commercial crime policy.

Represented policyholder to recover insurance coverage on account of construction accident.

Represented policyholder to recover insurance for alleged environmental liabilities in multi-site, multi-insurance company action.

Represented policyholder to recover D&O liability insurance on account of civil and criminal antitrust claims.

Represented policyholder to recover insurance for alleged commercial crime claims. Also represented policyholder pursuing directors’ and officers’ liability insurance coverage.

Represented policyholder to recover insurance for advertising injury on account of patent infringement liabilities.  CMI Corp. v. National Union Fire Ins. Co., et al., No. CIV-92-462-M (W.D. Okla.).

Represented policyholder to recover proceeds of insurance coverage for alleged advertising injury for copyright infringement.

Represented policyholder that sought coverage for alleged liability on account of exposure to radiation. Picker International, Inc. v. Travelers Indemnity Co., 35 F. Supp.2d 70 (1998).

Represented policyholder to recover D&O liability insurance and prevent rescission action.   Federal Ins. Co. v. Kozlowski, 18 A.D.3d 33, 792 N.Y.S.2d 397 (1st Dep’t 2005).

Won summary judgment that insurance company duty to defend was triggered by lead paint claim. Lefrak Organization, Inc. v. Chubb Custom Ins. Co., 942 F. Supp. 949 (1996).

Represented policyholder in United States ex. Rel. Montaperto v. New Parkway Hospital, et al., 05-CIV-4911 (LDW); and United States ex. Rel. Gelfand v. Special Care Hospital Management, et al., 02-CIV-6079 (EDNY) (LDW).

Represented policyholder in class action securities case in In re NBTY, Inc. Securities Litigation, No. CV 04-2619 (EDNY) (LDW).

Won summary judgment for policyholder in health care industry regarding merger-related liability insurance coverage. St. Paul Fire Ins. Co. v. MetPath, Inc., 38 F. Supp.2d 1087 (1998).

Trial court ruling to enforce trade name protection and food-borne illness insurance policy relating to 2006 e-coli outbreak.  Quick Service Mgmt Inc., et al. v. Lloyd’s, MID-L-4861-07 (June 12, 2009).

Trial court ruling regarding obligation to defend asbestos claims, Travelers v. Alfa Laval, Inc., No. 650667/2009 (November 22, 2011), extended (July 2013).

Summary judgment as to liability in D&O case.  Trustees of Princeton University v. National Union Fire Ins. Co. of Pittsburgh, PA., 83 N.Y.S.2d 437, appeal dismissed, 11 N.Y.3d 847 (Nov. 24, 2008)

Utah Supreme Court rebuked an attempted “perverse manipulation of risk” by an insurance company, ruled that an insurance company does not have a right to reimbursement against a policyholder.  AK filed an amicus brief in the case on behalf of United Policyholders.  U.S. Fid. & Guar. Co. v. U.S. Sports Specialty Ass’n, No. 20090657 (Utah Jan. 24, 2012).

Summary judgment to advance defense costs in D&O case.  HLTH Corp. v. Agricultural Exc. & Sur. Ins. Co., 2008 WL 3413327 (2008), appeal as to certain insurance companies Axis Reinsurance Co. v. HLTH Corp., No. 565, 2009 (2010).  Final insurance company, New Hampshire Insurance Company withdrew “recoupment” claim (2013).

Events

Insurance Protection Gaps: Searching For Solutions
  • Robert M. Horkovich
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  • August 13, 2024
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  • Live Webinar
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Minimizing Cost and Liability With Self-Insured and Deductible Strategies
  • Robert M. Horkovich
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  • August 26, 2024
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  • Live Webinar
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AFFF Insurance Recoveries – Forever Chemicals
  • Robert M. Horkovich
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  • June 26, 2024
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Insurance Coverage for Cyber Liabilities
  • Luma S. Al-Shibib Joshua Gold Pamela D. Hans
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  • June 20, 2024
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AI Did What? Anticipating Insurance Coverage Issues Arising From AI Liabilities (RIMS 2024)
  • William G. Passannante
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  • May 7, 2024
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  • San Diego Convention Center, 111 Harbor Drive, San Diego, CA 92101
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Paradise Scarred: 10 Insurance Lessons from the Tragedy on Maui
  • Allen R. Wolff
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  • May 7, 2024
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  • San Diego Convention Center, 111 Harbor Drive, San Diego, CA 92101
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AI DID WHAT?: ANTICIPATING INSURANCE COVERAGE ISSUES ARISING FROM AI LIABILITIES (2024)
  • March 14, 2024
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  • Live Webinar
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Mediating a Third-Party Insurance Claim Where the Insured and the Insurer Are at Odds
  • Diana Shafter Gliedman
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  • April 1, 2024
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  • 150 E. 42nd St., 17th Fl. New York, New York
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Insurance Risk Management Forum: Insurance Industry Leadership Panel
  • William G. Passannante
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  • January 30, 2024
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  • Amellia Island Resort / Amelia Island, FL
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Insurance Risk Management Forum: Third Party Risk Management
  • Pamela D. Hans John M. Leonard
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  • January 28, 2024
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  • Amellia Island Resort / Amelia Island, FL
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Bad Faith Claims When Verdicts Exceed Policy Limits: Nuances of the Insurance Company’s Duty to Settle (2023)
  • Robert M. Horkovich
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  • December 19, 2023
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  • AK Webinar
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21st Annual Directors & Officers Liability Insurance Conference
  • Joshua Gold Raymond A. Mascia Jr.William G. Passannante
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  • December 7, 2023
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  • OFFSITE / 52 West 39th Street / New York City
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Artificial Intelligence, Real Liabilities and Likely Insurance Coverage Disputes in First Party Claims
  • Dennis J. Artese Cort T. Malone
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  • December 6, 2023
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  • Encore Boston Harbor Hotel
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“Floods, Fires, Hurricanes: Emerging Issues in Climate Change Insurance Coverage” – Anderson Kill’s 27th Annual Policyholder Advisor Conference Webinar Series
  • Cameron R. Argetsinger Dennis J. Artese Rhonda D. Orin
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  • October 25, 2023
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  • AK Webinar
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“2023 State of the Market: A Broker’s Perspective” – Anderson Kill’s 27th Annual Policyholder Advisor Conference Webinar Series
  • November 9, 2023
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  • AK Webinar
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“Do You Have Insurance Coverage for That Fingerprint? Liability & Insurance Issues Arising Out of Biometrics” – Anderson Kill’s 27th Annual Policyholder Advisor Conference Webinar Series
  • John M. Leonard Cort T. Malone
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  • November 29, 2023
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  • Webinar
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Maximizing Insurance Recovery for Liability and Defect Claims in Construction
  • Dennis J. Artese James A. Goodridge Jason Kosek Ethan W. Middlebrooks Allen R. Wolff
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  • November 28, 2023
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  • 1251 Avenue of the Americas, NY, NY
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Key Issues in Insurance Coverage: 2023
  • Cameron R. Argetsinger Rhonda D. Orin
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  • November 15, 2023
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  • Ampersea at 1417 Thames Street in Fells Point, Baltimore, MD 21231
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AI Did What? Anticipating Insurance Coverage Issues Arising from AI Liability (2023)
  • Marshall Gilinsky
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  • November 3, 2023
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  • Webinar
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Firearm Litigation: Obstacles, Potential Pathways, and Insurance Coverage
  • Seán McCabe Allen R. Wolff
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  • October 25, 2023
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  • Perrin Webinar
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Discovery in Bad Faith Insurance Litigation: Key to Successfully Proving or Defending Claims
  • Marshall Gilinsky
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  • October 17, 2023
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  • AK Webinar
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No Reservation: How Insurance Companies & Policyholders Can Work Together to Successfully Mediate Complex Claims
  • Diana Shafter Gliedman
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  • October 12, 2023
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Complex Insurance Issues in Bankruptcy Proceedings: Sex Abuse Litigation, the Role of Insurers in Bankruptcy Planning, and Insurance Neutrality
  • Marshall Gilinsky
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  • October 10, 2023
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  • PLI New York, 1177 Avenue of the Americas, New York, NY
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Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA, and Others (2023)
  • Robert M. Horkovich
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  • October 3, 2023
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Do You Want to Get the Deal Done? Obstacles and Opportunities in Contract Negotiation
  • Pamela D. Hans
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  • September 14, 2023
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  • Ottawa, Canada
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Am I covered for . . .? A Discussion of Coverage for Recall, Contamination and Bodily Injury Claims
  • Steven J. Pudell Christina Yousef
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  • September 8, 2023
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  • Lehi, UT
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Nailing Down Responsive Cyber Coverage That Responds to Hospitality Industry Risks 2023
  • Joshua Gold
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  • August 2, 2023
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Do You Have Insurance Coverage for That Fingerprint? Liability and Insurance Issues Arising Out of Biometrics
  • John M. Leonard Cort T. Malone
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  • July 25, 2023
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  • Webinar
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Property Damage Policies: Valuing Complex Claims, Avoiding Valuation Mistakes, Managing Policyholder Expectations
  • Ethan W. Middlebrooks
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  • July 25, 2023
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  • Webinar
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Using ADR to Resolve Commercial Cyber Insurance Policy Claims
  • Luma S. Al-Shibib
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  • June 12, 2023
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  • 150 East 42nd Street, 17th Floor, New York, NY 10017
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Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims: Insurer vs. Policyholder Perspectives 2023
  • Mark Garbowski
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  • May 30, 2023
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  • Webinar
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Demystifying Cyber
  • Pamela D. Hans
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  • May 10, 2023
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  • W Philadelphia, 1439 Chestnut Street, Philadelphia, PA
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Cyber Insurance – ACC Cybersecurity Summit 2023
  • Luma S. Al-Shibib
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  • May 9, 2023
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  • University of California, Meyer and Renee Luskin Conference Center, 425 Westwood Plaza, Los Angeles,
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Insurance Coverage for Rising Biometric Liability Exposure
  • Cort T. Malone
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  • May 1, 2023
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  • Georgia World Congress Center, 285 Andrew Young International Blvd NW, Atlanta, GA
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Crafting Coverage Position Letters and Evaluating Impact of Insurer’s Defense Under Reservation of Rights 2022
  • Mark Garbowski
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  • December 14, 2022
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  • Webinar
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Insurance Coverage in a Global Warming Litigation Tsunami
  • Pamela D. Hans
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  • September 13, 2022
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  • Halifax Convention Center, Halifax, NS
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Insurer and Policyholder Insolvency: Marshaling the Rights and Obligations of Insurers, Policyholders, Reinsurers
  • April 26, 2022
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  • Webinar
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RIMS 2022 Annual Conference: “Taking a Bio(metric) Break: Assessing Biometric Liability Risk and Insurance Coverage”
  • Cort T. Malone
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  • April 12, 2022
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  • Moscone Center, 747 Howard Street, San Francisco, CA 94103
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RIMS 2022 Annual Conference “Global Cyber Insurance Regulation Warning: They Now Have Teeth”
  • Joshua Gold
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  • April 11, 2022
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  • Moscone Center, 747 Howard Street, San Francisco, CA 94103
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RIMS 2022 Annual Conference “Protecting Senior Management Against Cyber Liability: The Buck Stops There and Can’t Be Passed”
  • Joshua Gold
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  • April 12, 2022
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  • Moscone Center, 747 Howard Street, San Francisco, CA 94103
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How to Manage the Expense of Litigation to Maximize Recovery from Insurance Companies and Third Parties
  • Pamela D. Hans Rhonda D. Orin
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  • February 3, 2022
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Maximizing Insurance Coverage for Those Impacted by the Marshall Fire
  • Carrie Maylor DiCanio Marshall Gilinsky
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  • January 28, 2022
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  • Live Webinar
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Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims: Insurer v. Policyholder Perspectives 2021
  • Mark Garbowski
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  • November 30, 2021
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  • Webinar
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“2021 Update on Cyber Insurance and Ransomware Claims Environment” – Anderson Kill’s 25th Annual Policyholder Advisor Conference (2021)
  • Joshua Gold
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  • October 14, 2021
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  • Live Webinar
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Crafting Coverage Position Letters and Evaluating Impact of Insurer’s Defense Under Reservation of Rights 2021
  • Mark Garbowski
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  • September 14, 2021
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  • Webinar
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Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims: Insurer v. Policyholder Perspectives 2020
  • Mark Garbowski
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  • December 2, 2020
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  • Webinar
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“Update on Cyber Coverage and Claims” – Anderson Kill’s 24th Annual Policyholder Advisor Webinar Series
  • Luma S. Al-Shibib Joshua Gold
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  • November 19, 2020
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  • Live Webinar
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Crafting Coverage Position Letters and Evaluating Impact of Insurer’s Defense Under Reservation of Rights 2020
  • Mark Garbowski
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  • September 9, 2020
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  • Webinar
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Demystifying the “Bad Faith Set-Up” in Insurance Litigation
  • Mark Garbowski
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  • February 26, 2020
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  • Webinar
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Insurers’ Obligations to Defunct Insureds: Recent Cases, Arguments from Policyholder and Insurer Perspective
  • Mark Garbowski
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  • November 20, 2019
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  • Webinar
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Playing With House Money – What To Do When Your Insurance Company Refuses to Settle
  • Pamela D. Hans
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  • April 19, 2016
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  • Philadelphia, PA
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Anderson Kill Presents “Insurance Coverage for Blockchain Risks: A Policyholder’s Perspective”
  • Carrie Maylor DiCanio
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  • July 19, 2018
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  • Anderson Kill, 1251 Avenue of the Americas, New York, NY 10020
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Getting Claims Paid is Often Difficult
  • William G. Passannante
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  • March 17, 2016
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  • New York, NY
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Pleading Insurer Bad Faith Claims: Surviving or Filing a Motion to Dismiss
  • Mark Garbowski Robert M. Horkovich
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  • August 13, 2014
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  • Honolulu, HI
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Insurance Trends and Loss Mitigation Strategies
  • Finley T. Harckham Robert M. Horkovich
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  • October 8, 2014
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  • Philadelphia, PA
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Ultrafine Print: How to Read an Insurance Policy (RIMS Canada)
  • Pamela D. Hans
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  • September 12, 2016
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  • Calgary, Canada
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’Stacking’: What Is It and What Kinds of Policies May be “Stacked?”; Differences Among Jurisdictions on the Issue of ‘Stacking’
  • Robert M. Horkovich
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  • October 30, 2014
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  • New York, NY
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Everything a Risk Manager Needs to Know About D&O Liability Insurance
  • William G. Passannante
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  • December 9, 2014
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  • Anderson Kill P.C., 1600 Market Street Suite 2500 Philadelphia, PA 19103
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Developments in E&O
  • William G. Passannante
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  • January 26, 2015
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Discussion of Most Frequent Claims and How to Prevent Them (2015)
  • Allen R. Wolff
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  • February 8, 2015
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  • Houston, TX
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Planning for Chaos
  • Finley T. Harckham
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  • October 26, 2016
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  • New York, NY
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Anderson Kill’s 20th Annual Policyholder Advisor Conference ‘Maximizing Your Insurance Recovery’
  • November 11, 2016
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Discussion of Most Frequent Claims and How to Prevent Them (2015 – RIMS)
  • William G. Passannante
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  • March 10, 2015
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FIGHT NIGHT!! Attacking and Defending Insurance Claims
  • Pamela D. Hans
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  • March 19, 2015
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  • Philadelphia, PA
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Insurer Bad Faith Set-Up Defense and “Reverse Bad Faith” Claims: Insurer vs. Policyholder Perspectives
  • Mark Garbowski
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  • March 25, 2015
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Recent Developments Regarding the “Disgorgement” Defense in D&O and E&O Liability Insurance Claims
  • Marshall Gilinsky
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  • October 27, 2016
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  • Canada, Quebec
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Maximizing Insurance and Indemnity In High Exposure Litigation
  • Pamela D. Hans
  • /
  • October 16, 2016
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  • San Francisco, CA
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Ten Tips for Getting Claims Paid (2016) RIMS NY
  • Finley T. Harckham
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  • May 17, 2016
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  • Henrietta, NY
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Everything a Risk Manager Needs to Know About D&O Liability and Insurance
  • William G. Passannante
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  • October 21, 2015
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  • St. Petersburg, FL
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Important Coverage Issues Relating to Complex Construction Losses
  • Finley T. Harckham
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  • October 19, 2016
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  • Warwick, RI
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Risk Management Issues: Loss Mitigation Strategies for Port Authorities (2015)
  • Finley T. Harckham Robert M. Horkovich
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  • April 7, 2015
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  • New Orleans, LA
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Insurance Law Basics
  • May 14, 2015
  • /
  • New York, New York
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Maximizing Your Insurance Recovery (2015)
  • Robert D. Chesler Diana Shafter Gliedman Joshua Gold Bennett Pine Steven J. Pudell
  • /
  • April 23, 2015
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  • Iselin, NJ
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Mediating Bad Faith Claims
  • Mark Garbowski
  • /
  • May 5, 2015
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  • Uncasville, CT
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Insurance Broker Liability to Policyholders for Denied Claims: Latest Case Law Developments
  • Robert D. Chesler
  • /
  • May 13, 2015
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Discovery in Bad Faith Insurance Litigation: Key to Successfully Proving or Defending Claims Jun-2015
  • Marshall Gilinsky
  • /
  • June 10, 2015
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Ten Tips for Getting Claims Paid (2015)
  • Cort T. Malone
  • /
  • February 20, 2015
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What Every In-House Counsel Needs to Know about Data Security (2015)
  • William G. Passannante
  • /
  • June 18, 2015
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  • Minneapolis, MN
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Insurance Broker Liability To Policyholders For Denied Claims: Emerging Issues and Legal Implications
  • Robert D. Chesler
  • /
  • July 9, 2015
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Ten Tips for Getting Claims Paid (2014)
  • Robert M. Horkovich
  • /
  • April 29, 2014
  • /
  • Colorado Convention Center / Denver, CO
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Navigating Common Coverage Exclusions and Exceptions in CGL Policies
  • Allen R. Wolff
  • /
  • October 23, 2015
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Ten Tips for Getting Claims Paid (2015)- RIMS Virginia
  • Diana Shafter Gliedman
  • /
  • July 10, 2015
  • /
  • Richmond, Virginia
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Ten Essential Steps to Maximizing Your Insurance Claim
  • Robert M. Horkovich
  • /
  • July 29, 2015
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Choice of Law in Insurance Allocation Disputes: Multi-dimensional Chess
  • Robert M. Horkovich
  • /
  • August 20, 2015
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Primary vs. Excess Insurance: Priority and Allocation of Coverage
  • Marshall Gilinsky
  • /
  • September 17, 2015
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Cypress Point Condo Assoc., Inc. v. Adria Towers, LLC
  • Robert D. Chesler
  • /
  • October 14, 2015
  • /
  • New Brunswick, New Jersey
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Can Cyber Insurance Stand in the Data Breach? How to Maximize Coverage in a Buyer’s Market
  • Joshua Gold
  • /
  • October 20, 2015
  • /
  • Boston, MA
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19th Annual Policyholder Advisor Conference ‘Maximizing Your Insurance Recovery’
  • October 29, 2015
  • /
  • Convene (formerly Sentry Centers) 730 Third Avenue, 17th Floor
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Helping Clients Prepare For and Respond to Natural Catastrophes
  • Marshall Gilinsky
  • /
  • January 8, 2016
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  • New Britain, CT
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Emerging Issues in Food Industry Liabilities & Insurance Coverage (2016)
  • Robert D. Chesler
  • /
  • February 18, 2016
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  • New Brunswick, NJ
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Discussion of Most Frequent Claims and How to Prevent Them (2016)
  • Allen R. Wolff
  • /
  • February 22, 2016
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  • Houston, TX
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In-House Counsel’s Role in Managing Enterprise Risk (Strafford 2016)
  • Finley T. Harckham
  • /
  • February 26, 2016
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Analyzing Coverage Under Contractors’ Pollution Liability Policies, Navigating Pollution Exclusions in CGL & PL Policies
  • Finley T. Harckham
  • /
  • March 1, 2016
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Emerging Legal Issues in Risk Management (2016)
  • Finley T. Harckham
  • /
  • March 10, 2016
  • /
  • East Hartford, CT
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Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims 2016
  • Marshall Gilinsky
  • /
  • March 29, 2016
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Emerging Coverage: Issues for Cyber Claims; Availability of New Insurance Products; Claims Trends and Underwriting Considerations
  • Joshua Gold
  • /
  • March 31, 2016
  • /
  • Chicago, IL
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September 11, 2001 and Loss Valuation Including Periods of Indemnity for Time Element Losses
  • Marshall Gilinsky
  • /
  • April 8, 2016
  • /
  • Las Vegas, NV
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Managing an International Contracts Portfolio
  • Finley T. Harckham
  • /
  • April 11, 2016
  • /
  • New York, NY
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Anderson Kill’s 4th Annual New Jersey Policyholder Advisor Conference ‘Maximizing Your Insurance Recovery’
  • Robert D. Chesler Carrie Maylor DiCanio Joshua Gold Raymond A. Mascia Jr.William G. Passannante Bennett Pine
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  • April 21, 2016
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  • Iselin, NJ
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The Art and Science of Settling an Insurance Claim
  • Marshall Gilinsky
  • /
  • May 18, 2016
  • /
  • West Hartford, CT
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Insurance Coverage Issues in Bankruptcy Reorganizations
  • Robert M. Horkovich
  • /
  • May 18, 2016
  • /
  • Philadelphia, PA
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Changes South of the 49th Parallel and How they Affect your Contracts
  • Pamela D. Hans
  • /
  • September 13, 2016
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  • Calgary, Canada
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Insurance Litigation Under Reservation of Rights: Reimbursement of Defense Costs and Control of Defense
  • Mark Garbowski
  • /
  • September 27, 2016
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The Top 10 Case Law Developments Every Insurance Law Practitioner Should Know: 2014 Update – A Webinar
  • Robert D. Chesler
  • /
  • November 13, 2014
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Liability for Lead Contamination of Water Supplies: Is It Covered by Insurance?
  • Finley T. Harckham
  • /
  • September 30, 2016
  • /
  • San Diego, CA
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Contractual Risk Transfer – The Best Way to Reduce Contract Exposures for Your Company
  • Mark Garbowski
  • /
  • October 25, 2016
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  • Woodbury, NY
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Publications

Insurance Coverage Exists for the Forever Chemical in New Jersey
  • New Jersey Alert
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SECONDARY EVIDENCE OF MISSING INSURANCE POLICIES FOR CHILD VICTIMS AND ADULT SURVIVORS ACT CLAIMS
  • New York Law Journal
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New York Courts Reject Insurance Companies’ Attempts to Recoup Defense Costs
  • New York Law Journal
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Protecting Policyholders as AI is Developed for Insurance Claims Handling: Ensuring “Decency and Humanity” in the Digital Age
  • Journal of Emerging Issues in Litigation
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SC Ruling Reinforces All Sums Coverage Trend
  • Law360
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Will AI Destroy the World? If Not, How Will It Affect Insurance?
  • Today's General Counsel
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Who Gets Paid When the D&O Insurance Is Not Enough?
  • Risk Management Magazine
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Why Insurance Companies Should Lose the Battle over Recoupment of Defense Costs
  • DRI : For The Defense
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Breaking Down Insurers’ Improper Recoupment Efforts
  • Law360
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Bumping the Bump-Up Exclusion: A Policyholder’s Guide to Resisting Improper Coverage Denials
  • New York Law Journal
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Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical
  • Law360
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Insurance Coverage for Active Shooter Events
  • Policyholder Alert
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A.I. Did What? — Don’t Let Your Insurance Company Use the Involvement of A.I. Technology to Reduce Your Insurance for a Claim
  • Policyholder Advisor & Alert
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Insurance Coverage Exists for Sexual Abuse Claims
  • Policyholder Alert
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POLICYHOLDER LESSONS FROM SANDY NO-COVERAGE DECISION
  • Law360
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INSURANCE CONSIDERATIONS FOR BIOMETRIC LIABILITY
  • Risk Management Magazine
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New Jersey Federal Courts Estop Insurance Companies From Denying Coverage
  • Anderson Kill New Jersey Alert
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AMAZON SUED IN FIRST MAJOR BIOMETRIC PRIVACY LAWSUIT UNDER NYC BIOMETRIC PRIVACY LAW
  • Anderson Kill Policyholder Alert
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AUTONOMOUS VEHICLES: THE NEW TECHNOLOGY DRIVING THE LITIGATION CONVERSATION
  • Journal of Emerging Issues in Litigation
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POLICYHOLDERS NEED NOT FEAR ALTERNATIVE DISPUTE RESOLUTION
  • New York Law Journal
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“HISTORY NEVER REPEATS ITSELF, BUT IT DOES OFTEN RHYME” – D&O POLICIES CONTINUE TO COVER LIABILITIES ARISING FROM BANK FAILURES
  • Anderson Kill Policyholder Alert
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STORM CLOUDS ON THE HORIZON – BANKRUPTCY AND INSURANCE ISSUES RELATED TO BANK FAILURES
  • Anderson Kill Policyholder Alert
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HOW INSURANCE COMPANIES DEFRAUD THEIR POLICYHOLDERS : WHAT COURTS AND LEGISLATORS SHOULD DO ABOUT IT
  • Journal on Emerging Issues in Litigation
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A REVIEW OF CYBER COVERAGE DECISIONS FROM 2022: A POLICYHOLDER’S PERSPECTIVE
  • New York Law Journal
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WHAT DOES AN ‘EXCEEDINGLY BROAD’ DUTY TO DEFEND MEAN IN 2022?
  • New York Law Journal
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CALLING ALL ROBO-CALLERS (AND TEXTERS AND EMAILERS)! HOW A RECENT DECISION AND DISSENT PROVIDE AMMUNITION IN THE FIGHT FOR INSURANCE COVERAGE FOR TCPA CLAIMS
  • Anderson Kill Policyholder Alert
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5TH CIRC. FINDS INSURER MUST DEFEND ROOFING CO. IN $5M SUIT
  • Law360
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‘J.P. MORGAN V. VIGILANT’ AND POST-LOSS UNDERWRITING: THE NEW YORK COURT OF APPEALS SHOULD CONTINUE TO MODERNIZE NEW YORK INSURANCE LAW
  • New York Law Journal
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(CCBJ) NEW DEVELOPMENTS IN EMERGING COVERAGE DISPUTES
  • Corporate Counsel Business Journal (CCBJ)
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CAN CYBER INSURANCE RECOVERY FROM A THIRD PARTY SATISFY A SELF-INSURED RETENTION?
  • Risk Management Magazine
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ADDITIONAL INSURED COVERAGE: BE SURE TO LOOK UNDER THE HOOD
  • The Legal Intelligencer
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5 THINGS TO KNOW ABOUT TRANSACTION LIABILITY INSURANCE
  • Property Casualty 360
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9 KEY NY INSURANCE CASES OF 2014
  • Law360
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10 BIG MISTAKES MADE BY INSURANCE COMPANIES
  • PropertyCasualty360
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‘ADVERTISING INJURY’: INSURANCE COVERAGE FOR INTELLECTUAL PROPERTY CLAIMS FROM ‘BLAST FAXES’ TO COPYRIGHT INFRINGEMENT
  • Kansas Bar Association
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A POLICYHOLDER’S PRIMER ON INSURANCE
  • Association of Corporate Counsel
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A PROSPECTIVE PRIMER ON RETROSPECTIVE PREMIUM POLICIES
  • Corporate Counsel
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A LIABILITY ROADMAP
  • Electric Perspectives
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INSURANCE COMPANIES MOVE TO EXPAND SCOPE OF WAR EXCLUSIONS
  • Risk Management Magazine
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FIRST BIPA JURY TRIAL RESULTS IN 228 MILLION DOLLAR VERDICT: LIKELY WILL DRIVE NEW INSURANCE POLICY EXCLUSIONS
  • Anderson Kill Policyholder Alert
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ASSIGNING BENEFITS OF LIABILITY INSURANCE IN CORPORATE TRANSACTIONS – THE INSURANCE INDUSTRY KEEPS LOSING
  • American Bar Association, Insurance Coverage Committee
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RECENT NEW JERSEY SUPREME COURT DECISION CONSTRICTS AN INSURANCE COMPANY’S DUTY TO DEFEND
  • New Jersey Alert
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Insurance Companies Push the Pollution Exclusion Envelope. Courts Tear it Open.
  • Climate Change & Disaster Recovery Alert
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AFTER THE FLOOD: TEXAS APPEALS COURT LIMITS A SUBLIMIT’S REACH
  • Climate change & disaster recovery alert
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Shifting Momentum in COVID Business Interruption Litigation: An Update from the Front Lines
  • Policyholder Advisor & Alert
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THE RIGHT TO INDEPENDENT COUNSEL PROTECTS POLICYHOLDERS AGAINST CONFLICTS OF INTEREST:
  • Law.com
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As Hurricane Ian Bears Down on Florida, Prepare Rapid Response for Insurance Recovery
  • Climate Change & Disaster Recovery Alert
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WHO’S PICKING UP THE TAB: RECOUPMENT FOR CONTAMINATION DAMAGES UNDER NEW YORK NAVIGATION LAW
  • Law.com
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US TORT SYSTEM: INSURANCE BAD FAITH AND EXTRA-CONTRACTUAL DAMAGES CAN LEVEL THE PLAYING FIELD WITH YOUR INSURANCE COMPANY
  • The International Bar Association
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POLICYHOLDERS, DO NOT ACCEPT A COVERAGE DENIAL BASED ON “OTHER INSURANCE”
  • American Bar Association
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RACCOONS AND THE WORD GAMES INSURERS PLAY
  • New York Daily News
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COVERAGE FOR BUSINESS LOSSES FROM COVID-19 – A LOUISIANA APPELLATE COURT OPENS THE DOOR
  • Anderson Kill Policyholder Advisor
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ASYMMETRICAL COMBAT: BAD FAITH LIABILITY IN INSURANCE RECOVERY CASES
  • Journal of Emerging Issues in Litigation
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SEC’S PROPOSED CYBER RULES UNDERSCORE D&O RISKS
  • Risk Management Magazine (RMM)
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BIOMETRIC PRIVACY LAWS: COMPANIES WILL NEED INSURANCE AS PROTECTION FROM NEW AND EXPANDING LIABILITY
  • Journal of Emerging Issues in Litigation
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The ESG Police Have Arrived. Is Your Insurance Ready?
  • Climate Change & Disaster Recovery Alert
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WHILE NEW BIOMETRIC PRIVACY LAWS HAVE LED TO WIDESPREAD LITIGATION AND LARGE SETTLEMENTS, MOST COURTS HAVE HELD THAT INSURANCE COVERS THESE CLAIMS
  • New York Law Journal
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INSURANCE COVERAGE FOR JACKWARE ATTACKS
  • Risk Management Magazine (RMM)
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D&O COVERAGE FOR CLIMATE CHANGE-ESG-RELATED LIABILITIES
  • Anderson Kill Policyholder Advisor
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SEVENTH CIRCUIT REQUIRES INSURANCE TO FUND SETTLEMENT WITH VICTIMS OF LARRY NASSAR’S SEXUAL ABUSE
  • Anderson Kill Policyholder Advisor
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AVOIDING COVERAGE DENIALS BASED ON “OTHER INSURANCE”
  • Risk Management Magazine (RMM)
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ILLINOIS FEDERAL COURT FINDS COVERAGE FOR POLICYHOLDERS FACING CLASS ACTIONS UNDER BIOMETRIC PRIVACY LAWS
  • Anderson Kill Policyholder Alert
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SURFSIDE CONDO COLLAPSE: A 360-DEGREE INSURANCE COVERAGE ANALYSIS
  • Journal of Emerging Issues in Litigation
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TO PAY OR NOT TO PAY DOES YOUR INSURANCE POLICY COVER RANSOMWARE LOSSES?
  • Journal of Emerging Issues in Litigation
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CLIMATE CHANGE, ESG, AND D&O INSURANCE: COLLISION OR COOPERATION?
  • Journal of Emerging Issues in Litigation
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INSURANCE FOR CLIMATE CHANGE EVENTS – EXAMINING THE INSURERS NEW TOOL FOR SHIFTING COSTS BACK TO POLICYHOLDERS
  • Journal of Emerging Issues in Litigation
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7 TIPS FOR GETTING INSURANCE CLAIMS PAID EARLY
  • Risk Management Magazine (RMM)
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STRATEGIES FOR MAXIMIZING INSURANCE RECOVERY FOR CLIMATE CHANGE RELATED LOSS AND DAMAGE
  • Journal of Emerging Issues in Litigation
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WAKE-UP CALL: UNDERSTANDING COMMERCIAL FIRE INSURANCE COVERAGE IN THE WAKE OF THE COLORADO WILDFIRE
  • Anderson Kill Policyholder Alert
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EPLI COVERAGE FOR CLAIMS STEMMING FROM THE CORONAVIRUS
  • Law.com
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MEETING SUIT LIMITATION DEADLINES FOR COVID-RELATED BUSINESS INTERRUPTION CLAIMS
  • Anderson Kill Policyholder Alert
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WHAT TO KNOW AS MASS. JUSTICES TACKLE COVID COVERAGE ROW
  • Law360
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3 CYBER CLAIM INSURANCE COVERAGE LESSONS LEARNED IN 2021
  • Risk Management Magazine (RMM)
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UTILIZING D&O INSURANCE COVERAGE FOR CYBER CLAIMS
  • Risk Management Magazine (RMM)
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Additional Insured Coverage Could Help Targets of Scaffold Law [N.Y. Labor Law §§ 240 and 241] Claims
  • Policyholder Alert
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CYBER INSURANCE COVERAGE FOR BREACH OF PRIVACY CLAIMS: THE LAW IS EVOLVING
  • New York Law Journal (NYLJ)
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CLAIMS RELATED TO SPECIAL PURPOSE ACQUISITION COMPANY AND D&O INSURANCE FACE INCREASED INSURER SCRUTINY
  • American Bar Association (ABA)
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5 STEPS TO ENSURE CYBER INSURANCE CLAIMS DON’T GET DENIED
  • PropertyCasualty360
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Rapid Response to Maximize Insurance Recovery After Hurricanes
  • Climate Change & Disaster Recovery Alert
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SPACS, COVID-19, AND ESG, OH MY! — WHAT’S A DIRECTOR TO DO?
  • National Association of Corporate Directors (NACD)
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Insurance Coverage Implications for New York City’s New Biometric Information Law
  • Policyholder Alert
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KEY CONSIDERATIONS FOR PRIVATE COMPANY AND D AND O INSURANCE
  • Risk Management Magazine (RMM)
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THE TRUMP-SIZED HOLE IN NEW YORK LAW
  • New York Daily News
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WILL NEW YORK LAW TRUMP THE MANHATTAN D.A.?
  • New York Law Journal (NYLJ)
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MANAGING RISK OF LIABILITY STEMMING FROM BIOMETRIC TECH AND PRIVACY LAWS
  • Corporate Counsel Business Journal (CCBJ)
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THE YEAR OF PEAK SPAC? THE SPAC GOLD RUSH AND IMPLICATIONS FOR D&O LIABILITY AND INSURANCE
  • New York Law Journal (NYLJ)
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UNDERSTANDING MARINE CARGO INSURANCE POLICIES
  • Risk Management Magazine (RMM)
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Was Your Shipment Stuck in the Suez? Your Insurance Policy May Cover the Loss
  • Policyholder Alert
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INSURANCE COVERAGE FOR FOREVER CHEMICALS
  • Risk Management Magazine (RMM)
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COVID, ‘DIRECT PHYSICAL LOSS’ AND YOUR PROPERTY POLICY: CAN THE COURTS EVEN FIGURE THIS OUT?
  • Risk & Insurance
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HIDDEN RISKS IN BUILDERS RISK AND FIRST PARTY PROPERTY INSURANCE
  • Construction Executive
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WHEN LIGHTS GO OUT AS THEY DID IN TEXAS, INSURANCE COVERAGE COULD TURN ON
  • Insurance Journal
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Indiana Supreme Court Finds Potential for Insurance Coverage for Ransomware Attack
  • Cyber Insurance Alert
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COVID-19 Insurance Coverage and the Virus Exclusion
  • Policyholder Alert
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THE NOVEL CORONAVIRUS CAUSES LOSS OR DAMAGE TO PROPERTY
  • American Bar Association
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PERSPECTIVES: ODE TO COVID-19 COVERAGE LITIGATION: ‘WE’VE ONLY JUST BEGUN …’
  • Business Insurance
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INSURANCE COVERAGE FOR VIOLATIONS OF BIOMETRIC PRIVACY ACTS
  • NU Property Casual 360
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A NEW FRONTIER: INSURANCE COVERAGE FOR VIOLATIONS OF BIOMETRIC PRIVACY ACTS
  • New York Law Journal (NYLJ)
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Covid-19 Insurance Claims Update: Beware Contractual Limitations Periods
  • Policyholder Alert
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10 TIPS FOR GETTING COVID-19 BUSINESS INTERRUPTION CLAIMS PAID
  • Risk Management Magazine (RMM)
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After a Year of Pandemic, Assess Your Insurance Coverage
  • From the Desk of Anderson Kill Philadelphia
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Who Pays? Cybercrime in the Courts in 2020
  • From the Desk of Anderson Kill Philadelphia
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WHAT DO YOU MEAN YOU HAVEN’T REVIEWED YOUR CYBER SECURITY PROTOCOLS DURING COVID-19?
  • Risk & Insurance
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(ADVISEN) YEAR IN REVIEW: NEW DEVELOPMENTS IN EMERGING COVERAGE DISPUTES
  • Advisen Front Page News
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Eight Steps to Insurance Coverage for PFAS Liability
  • New Jersey Alert
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INSURANCE FOR LIABILITY STEMMING FROM BIOMETRIC PRIVACY LAWS
  • Corporate Counsel Business Journal (CCBJ)
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Insurance Coverage for PFAS, the ‘Forever Chemical’
  • New Jersey Alert
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NEW DEVELOPMENTS IN COVID-19 INSURANCE COVERAGE LITIGATION
  • Risk Management Magazine (RMM)
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THREE KEY INSURANCE LAW DECISIONS FROM 2020
  • Risk Management Magazine (RMM)
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THE HIDDEN RISKS OF HAVING THE SAME COMPANY SERVE AS TPA AND STOP-LOSS INSURER AND HOW YOU CAN MINIMIZE THEM
  • Bloomberg Law
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CRIME INSURANCE FAILING TO KEEP UP WITH CYBER CRIMINAL INNOVATION
  • New York Law Journal (NYLJ)
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Identifying Insurance Coverage for Alleged Violations of the Illinois Biometric Information Privacy Act
  • Cyber Insurance Alert
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New Jersey Court Greenlights Covid-19 Business Interruption Insurance Coverage Suit
  • New Jersey Alert
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The COVID-19 Conundrum: Parents’ Rights and Obligations When Children ‘Return’ To School
  • Employment Law Insider Alert
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KEY DECISIONS AND STRATEGIES IN PURSUIT OF INSURANCE FOR LOSSES FROM COVID-19
  • Corporate Counsel Business Journal (CCBJ)
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6 RECENT INSURANCE DECISIONS YOU MAY HAVE OVERLOOKED
  • Law 360
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MICHIGAN COURT ISSUES FIRST INSURANCE COVERAGE DECISION REGARDING COVID-19 BUSINESS INTERRUPTION
  • New Jersey Alert
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CORONAVIRUS TRIGGERS ARGUMENTS OVER INSURANCE FOR PHYSICAL DAMAGE
  • Risk Management Magazine
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INSURANCE COVERAGE FOR BUSINESSES AFFECTED BY CIVIL UNREST
  • Risk Management Magazine
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IN TIMES OF CRISIS, INSURERS ARE SUPPOSED TO ‘LOSE’ MONEY
  • New York Daily News
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FOUR THINGS TO KNOW ABOUT INSURANCE FOR RIOTS
  • Policyholder Advisor & Alert
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MAXIMIZING COVERAGE AMID THE BIOMETRIC LIABILITY WAVE
  • American Bar Association (ABA)
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COVID-19 AND BUSINESS INTERRUPTION: SOME LOSSES ARE COVERED AND HERE’S WHY
  • Risk & Insurance
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NJ LAW FAVORS INSUREDS IN COVID-19 BIZ INTERRUPTION SUITS
  • Law 360
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DOES NEW JERSEY’S EFFICIENT PROXIMATE CAUSE DOCTRINE OVERCOME THE VIRUS EXCLUSION?
  • New Jersey Alert
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BUILDERS RISK POLICIES COVER COVID-19 CONSTRUCTION LOSSES
  • Law 360
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TEN TIPS FOR DEALING WITH BANKRUPTCIES CAUSED BY THE COVID-19 SHUTDOWN
  • Policyholder Advisor & Alert
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Why New Insurance Claims–Such as COVID-19 Claims—Lead to Problems for Policyholders, Defense Counsel, and Insurance Companies NSEL, AND INSURANCE COMPANIES
  • The Voice of the Defense Bar
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COVID-19 MORE OF WHAT EMPLOYERS NEED TO KNOW
  • Employment Law Insider & Alert
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CONSTRUCTION WRAP-UP INSURANCE PROGRAMS: ERECTING A SOLID FOUNDATION, PART II
  • Construction Executive
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CONSTRUCTION WRAP-UP INSURANCE PROGRAMS: ERECTING A SOLID FOUNDATION, PART I
  • Construction Executive
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INSURANCE COVERAGE FOR CORONAVIRUS CLAIMS: ‘LOSS OF USE’ DOES NOT REQUIRE PHYSICAL INJURY IN LIABILITY POLICIES
  • Westlaw
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APRIL IS ‘EMAIL YOUR INSURANCE BROKER’ MONTH
  • Policyholder Advisor & Alert
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VIEWPOINT: INSURANCE POLICYHOLDERS HAVE PROPERTY LOSS CLAIMS IN CORONAVIRUS ERA
  • Washington Business Journal
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MANY LIABILITY INSURANCE POLICIES MAY PROVIDE COVERAGE FOR LOSSES FROM CORONAVIRUS
  • Washington D.C. - Alert
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THIS TIME IS DIFFERENT: CORE BANKRUPTCY JURISDICTION FOR INSURANCE COVERAGE LAWSUITS FOR CORONAVIRUS-RELATED CLAIMS (AK)
  • Policyholder Advisor & Alert
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MANY LIABILITY INSURANCE POLICIES MAY PROVIDE COVERAGE FOR LOSSES FROM CORONAVIRUS-
  • Insurance Research Letter (IRL)
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NJ COS. MAY HAVE INSURANCE COVERAGE FOR COVID-19 LOSSES
  • Law 360
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COVID-19: WHAT ALL EMPLOYERS NEED TO KNOW
  • Employment Law Insider & Alert
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BREAKING DOWN BUSINESS INTERRUPTION: HOW INSURANCE CAN AND CANNOT MITIGATE CORONAVIRUS LOSSES
  • Risk & Insurance
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WHY NEW JERSEY COMPANIES MAY HAVE FIRST-PARTY PROPERTY INSURANCE COVERAGE FOR CORONAVIRUS BUSINESS INTERRUPTION AND DISRUPTION
  • NJ Alert
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COVID-19: INSURANCE COVERAGE FOR THE ENERGY AND MANUFACTURING INDUSTRIES
  • National Underwriter (NU) Perspective
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INSURANCE COVERAGE FOR PERILS CREATED BY THE CORONAVIRUS PANDEMIC
  • Westlaw
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COVID-19: KEEP CALM AND REVIEW YOUR INSURANCE
  • Hotels Magazine
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‘PARTICULAR PART’ EXCLUSIONS CAN MEAN TROUBLE FOR CONTRACTORS
  • Law 360
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INSURANCE COVERAGE FOR LOSSES STEMMING FROM THE CORONAVIRUS_2
  • Insurance Journal
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MAJOR INSURANCE COVERAGE DEVELOPMENTS OF 2019
  • Westlaw
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INSURANCE COVERAGE FOR LOSSES STEMMING FROM THE CORONAVIRUS
  • Policyholder Advisor & Alert
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Risk Management for “Hacker-less” Security Risks
  • Risk Management Magazine (Fine Print)
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COURTS REAFFIRM PRO POLICYHOLDER INSURANCE PRINCIPLES IN 2019
  • New Jersey Law Journal
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CONNECTICUT SUPREME COURT TAKES KEY PRO-POLICYHOLDER VIEWS ON ASBESTOS COVERAGE
  • Connecticut Law Tribune (CLT)
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INSURANCE CONSIDERATIONS FOR SHOOTING INCIDENTS
  • Risk Management Magazine (Fine Print)
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D&O POLICY ‘BANKRUPTCY EXCLUSION’ HELD TO BE AN UNENFORCEABLE ‘IPSO FACTO’ CLAUSE
  • New York Law Journal (NYLJ)
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BAD FAITH LEGISLATION: GOOD FOR INSURANCE POLICYHOLDERS?
  • PropertyCasualty360
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DECADES OF WINNING MONEY FOR POLICYHOLDERS
  • CCBJ
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HOW CHANGING CORPORATE PURPOSE MAY AFFECT D&O INSURANCE
  • Law360
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THE RISK OF OVERLOOKING ADDITIONAL INSURED COVERAGE
  • Risk Management Magazine (RMM)
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HOW TO DEFEAT AN INSURANCE COMPANY’S DEMAND THAT THE POLICYHOLDER PAY BACK DEFENSE COSTS
  • American Bar Association (ABA)
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WHY GENERAL LIABILITY COVERAGE IS OFTEN NOT ENOUGH
  • Construction Executive
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NEW JERSEY APPELLATE DIVISION AFFIRMS PRO-POLICYHOLDER INSURANCE RULES
  • New Jersey Alert
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INSURANCE COVERAGE FOR MASS SHOOTING EVENTS
  • Policyholder Advisor & Alert
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COURTS ADDRESS ALL SUMS COVERAGE ALLOCATION DEBATE
  • Risk Management Magazine
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PROVING COVERAGE FOR NATURAL RESOURCE DAMAGE CLAIMS IN NJ
  • Law360
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HOW 9TH CIRC. APPROACHES ‘RELATED CLAIMS’ INSURANCE DISPUTES
  • Law360
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ONLY YOU CAN PREVENT FOREST FIRE INSURANCE HEADACHES
  • Corporate Counsel Business Journal
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WAR RISK EXCLUSIONS INVOKED TO THWART CYBER COVERAGE: THE SHAPE OF THINGS TO COME
  • Policyholder Advisor & Alert
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News

Insurers seek to keep pace with explosive use of AI
  • May 1, 2024
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Companies face potentially tighter constraints on AI use as regulators lead drive to assess risks
  • May 1, 2024
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Mass Shootings Spur Interest in Coverage
  • April 1, 2024
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Insurance Industry Readies for Historic Losses From Baltimore Bridge Tragedy
  • March 29, 2024
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Insurer Ordered To Defend Legionnaires’ Suits
  • March 28, 2024
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Former Modell’s CEO Loses Insurance Row Over Officer Legal Costs
  • February 9, 2024
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Justices’ Pass On Fracking Coverage Unsurprising To Attys
  • January 29, 2024
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Biggest General Liability Rulings From 2023’s Second Half
  • January 1, 2024
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Third Circuit Tosses Insurer Win in Nursing Home Coverage Row
  • December 27, 2023
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Ninth Circuit Could Expand Reach of Insurers’ Pollution Exclusion
  • November 9, 2023
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Best Lawyers 2024 Names Anderson Kill a National Tier Best Law Firm in Insurance Law
  • November 2, 2023
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First Circuit Tasked With Big Decision on Insurance Company Cost Recovery
  • October 2, 2023
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Super Lawyers Recognizes 16 Anderson Kill Attorneys in 2023
  • September 25, 2023
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Firearms Maker Sues Insurer for Curtailing Defense Funding in Long-Running Gun Violence Case
  • September 6, 2023
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Gunmaker Says AIG Units Abruptly Dropped Defense
  • August 31, 2023
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AI Bias Concerns Grow as Property Risk Modeling Advances
  • August 11, 2023
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Rise of Mass Shootings Fueling Specialized Coverage Options
  • May 10, 2023
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Towers Watson Reversal Bolsters Bump-Up Exclusions
  • May 10, 2023
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Reconstructing Lost Policies a Worthwhile Task, Experts Say
  • July 24, 2023
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Banking Crisis Has Implications for D&O Insurance Sector
  • March 21, 2023
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Biggest Specialty Lines Cases From the First Half of 2023
  • June 27, 2023
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Second Circuit Seals Insurer’s Win in $4.6M Asbestos Displute
  • January 30, 2023
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Regulatory Changes Could Prompt Biodiversity Litigation
  • March 2, 2023
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Panelists Urge Carriers to Avoid “Reverse Bad Faith” Claims
  • May 30, 2023
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Ohio Derailment Puts Focus on Railroad Insurance, Risk Management
  • February 28, 2023
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Crypto Winter Raises Host of D&O Coverage Issues
  • February 10, 2023
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Cyber, Crypto Top D&O Concerns as Fears Over SPAC Claims Ease
  • February 1, 2023
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Executive Risks Grow As SEC Climate Disclosure Rules Evolve
  • February 1, 2023
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Yahoo Wins TCPA Coverage Dispute in CA Supreme Court
  • January 17, 2023
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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
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The Legal 500 2022 Ranks Anderson Kill a Tier 1 Insurance Recovery Practice
  • June 8, 2022
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Anderson Kill’s Insurance Recovery Group Named a Finalist in National Law Journal’s 2022 Elite Trial Lawyers Award
  • May 12, 2022
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Emerging liabilities fuel deep dig for insurance coverage
  • October 6, 2020
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ANDERSON KILL RECALLS JUSTICE GINSBURG’S FIRST OPINION AS A SUPREME COURT JUSTICE
  • September 21, 2020
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NYSBA Elects Diana Shafter Gliedman as Co-Chair of the Newly Established Insurance Dispute Committee
  • June 3, 2021
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Five Anderson Kill Attorneys Presenting at 2021 RIMS Annual Conference, April 19-21
  • December 28, 2020
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New Hampshire Superior Court Grants Partial Summary Judgment in Favor Schleicher and Stebbins Hotels in $100 Million Coronavirus Coverage Dispute
  • June 16, 2021
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Insurers win COVID-19 legal battles, but war over cover continues
  • August 10, 2021
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Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally, in New York, and in New Jersey
  • May 21, 2021
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Law360’s 2021 Insurance Editorial Advisory Board
  • April 5, 2021
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Rising Star: Anderson Kill’s Raymond A. Mascia Jr.
  • July 10, 2020
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Raymond A. Mascia, Jr. Named a Breakout Award Winner by Business Insurance
  • June 3, 2021
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LEGAL 500 RECOGNIZES ANDERSON KILL’S INSURANCE RECOVERY GROUP AS A TOP-TIER PRACTICE FOR FOURTEENTH YEAR RUNNING
  • June 17, 2020
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Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally; Seven Attorneys Ranked
  • April 27, 2020
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Have precedents been set; could COVID-19 be considered physical damage?
  • April 23, 2020
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Cases could provide clarity on business interruption coverage
  • April 15, 2021
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Top exec with coronavirus a reportable event? It all depends
  • April 2, 2020
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Insurance Policies Stacked Against Covid-19 Claims: State Survey
  • April 17, 2020
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Calif. Justices Set Montrose’s Excess Enviro Coverage Path
  • April 6, 2020
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WILL INSURANCE COVER COVID-RELATED BUSINESS LOSSES?
  • April 7, 2020
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Will 1st Anniversary of COVID-19 Shutdowns Spur New Wave of COVID Lawsuits?
  • March 4, 2021
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Insurance attorneys address the impact of nuclear verdicts
  • September 30, 2021
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Anderson Kill Attorney: Property Insurers Misconstruing Physical Damage With Structural Damage
  • March 26, 2020
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Anderson Kill promotes 3 Insurance Attys to Shareholders
  • February 2, 2021
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Policyholders’ Biometric Suit Coverage Buoyed By Ill. Ruling
  • March 24, 2020
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Anderson Kill Lawyers: Case Law, Policy Language May Help Businesses’ Insurance Claim
  • March 23, 2020
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Surge in working from home raises cyber exposure issues
  • March 17, 2020
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Benchmark Litigation 2020 Names Anderson Kill a National Tier 1 Firm in Insurance Litigation
  • December 3, 2020
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Benchmark Litigation Names Robert M. Horkovich – Anderson Kill 2020 Insurance Lawyer of the Year
  • February 28, 2020
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The Role of Insurance in Virus Fallout
  • February 19, 2020
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2019 US Insurance Awards: Anderson Kill, Legal Team of the Year
  • May 1, 2019
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RIMS Speakers Offer Guidance on Preparing for Disaster
  • April 30, 2019
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Anderson Kill’s Insurance Recovery Group Named 2019 Legal Team of the Year by Business Insurance
  • March 26, 2019
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Trump Accused of Lying to Insurers. But What Does That Even Mean?
  • March 4, 2019
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Insurance Group Of The Year: Anderson Kill
  • January 30, 2019
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Anderson Kill Named a National Tier 1 Firm by Benchmark Litigation
  • January 25, 2019
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Law360 MVP: Anderson Kill’s Robert Horkovich
  • December 4, 2018
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Anderson Kill Ranked Tier 1 “Best Law Firm” For the Sixth Straight Year by U.S. News – Best Lawyers
  • November 29, 2018
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Insurer Can’t Prorate Asarco Asbestos Coverage, Judge Says
  • August 29, 2018
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NJ Justices Fortify Insureds In Asbestos Coverage Gap Fight
  • June 29, 2018
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Chambers USA Recognizes Anderson Kill’s Insurance Recovery Practice for Twelfth Straight Year
  • May 29, 2018
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Business Insurance Selects Carrie DiCanio as a winner of the 2018 Break Out Award
  • May 1, 2018
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Business Insurance Names Anderson Kill Legal Team of the Year for 2018
  • March 9, 2018
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Ammonia Spill Constitutes “Direct Physical Loss or Damage” Under Property Insurance Policy, US District Court in NJ Finds
  • December 2, 2014
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Plant closed by ammonia discharge suffered direct physical property loss: Court
  • December 2, 2014
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Ammonia Release Ruled ‘Direct Physical Loss’ Under Policy
  • November 26, 2014
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Insurers fight to bar cyber coverage under commercial general liability policies
  • October 26, 2014
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Texas CGL Case May Boost Insureds In Property Damage Suits
  • October 13, 2014
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Capturing the Moment
  • October 8, 2014
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Cyber Risk is Keynote at Anderson Kill’s 18th Policyholder Advisor Conference
  • September 29, 2014
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Titan Of The Plaintiffs Bar: Bob Horkovich
  • September 29, 2014
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Amtrak Wants $500M From Insurers For Sandy Coverage
  • September 22, 2014
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The Cyber Liability Shell Game
  • September 19, 2014
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Data Breach Losses and Insurance Coverage Landscape
  • September 15, 2014
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Standing up for Insureds
  • September 15, 2014
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Political Risk Insurance Available but “Tricky”: Mark Garbowski
  • September 9, 2014
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Anderson Kill’s Insurance Recovery Group Ranked by The Legal 500 USA 2014
  • August 20, 2014
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N.Y. courts limits attorney/client privilege in insurance claim negotiations
  • August 7, 2014
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Court: AIG Subsidiary Must Turn Over Documents in $70 Million Coverage Dispute
  • August 7, 2014
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New York Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies
  • August 6, 2014
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Social Media and Life Insurance
  • July 22, 2014
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Dennis Artese Comments in NYLJ On Injunctive Relief for New York Homeowner in Sandy Coverage Suit
  • July 9, 2014
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Anderson Kill Named 2021 Legal Team of the Year by Business Insurance
  • October 1, 2021
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People

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Luma S. Al-Shibib

Shareholder , New York

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Cameron R. Argetsinger

Shareholder , Washington, DC

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Dennis J. Artese

Shareholder , New York

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Nicholas O. Bradley

Attorney , New York

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Grant E. Brown

Attorney , New York

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Robert D. Chesler

Shareholder , Newark

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Carrie Maylor DiCanio

Office Managing Shareholder , Denver

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Thomas Dupont

Attorney , New York

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Izak Feldgreber

Professional Staff , New York

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Michele A. Gallagher

Shareholder , Washington, DC

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Mark Garbowski

Shareholder , New York

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Harris Gershman

Professional Staff , New York

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Marshall Gilinsky

Shareholder , Boston, Denver, New York

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Jeffrey E. Glen

Of Counsel , New York

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Diana Shafter Gliedman

Shareholder , New York

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Joshua Gold

Shareholder , New York

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James A. Goodridge

Attorney , New York

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Alexander Greene

Attorney , New York

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Pamela D. Hans

Office Managing Shareholder , Philadelphia

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Finley T. Harckham

Shareholder , New York

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Bridget Byrnes Hirsch

Of Counsel , Los Angeles

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Fiona R. Hogan

Attorney , New York

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Robert M. Horkovich

Firm Managing Shareholder , New York

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R. Mark Keenan

Of Counsel , New York

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Lawrence Kill

Of Counsel , New York

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Jason Kosek

Attorney , New York

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John P. Lacey Jr.

Attorney , Newark

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Madilynne Lee

Attorney , Philadelphia

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John M. Leonard

Shareholder , New York

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Cort T. Malone

Shareholder , New York

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Madison S. Marlow

Attorney , New York

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Raymond A. Mascia Jr.

Shareholder , New York

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Ethan W. Middlebrooks

Shareholder , New York

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Dennis J. Nolan

Shareholder , New York

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Jamie O’Neill

Attorney , New York

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Rhonda D. Orin

Office Managing Shareholder , Washington, DC

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William G. Passannante

Shareholder , New York

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Steven J. Pudell

Office Managing Shareholder , Newark

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Regan E. Samson

Attorney , New York

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Mark D. Silverschotz

Of Counsel , New York

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Edward J. Stein

Deputy General Counsel , Stamford

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Bruce Strong

Shareholder , New York, Philadelphia

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Joseph C. Vila

Attorney , Newark

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Amy Weiss

Attorney , New York

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Allen R. Wolff

Shareholder , New York

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Christina Yousef

Shareholder , Newark

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Joshua A. Zelen

Attorney , New York

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50-State Survey: Policyholders' Right to Independent Counsel

As one of the preeminent policyholder law firms, Anderson Kill has represented clients in nearly every jurisdiction across the country. When we're not making state law, we're tracking state-by-state developments.

In a 2022 New York Law Journal article, William Passannante and Madison Marlow provide an overview of the right to independent counsel as well as how each state protects policyholders. Below, this free resource is designed to assist business policyholders with case law wherever you have a claim (e.g., headquarters, manufacturing facility or distribution site).

© Copyright 2024 by Anderson Kill P.C.