Excess Insurer v. Insured (1988-89): Represented excess insurer (part of global multi-layered excess program) in coverage dispute with insured (multi-national manufacturer), arising out of defective construction of oil refinery in Persian Gulf. Involved issues of late notice, collusive settlement, rights of following form excess insurer, and application of English commercial law. My client obtained a favorable settlement.

Home Ins. Co. v. Air Trans Associates (N.Y. Law Journal, 4/23/90, p. 26, col. 3): Represented aircraft liability insurer of private airplane that crashed, killing four. My client denied the resulting death claims. My client obtained summary judgment in its favor, on grounds of misrepresentations in the application for insurance.

Arbitration: Reinsurer v. Cedent (1990): Represented reinsurer in arbitration against ceding architects and engineers E&O insurer covering claim arising from the repeated failure of a large municipal water supply project. Dispute centered on the number of insured occurrences. Unanimous arbitral award in favor of my client.

Arkwright v. National Union (1990-92): Represented ceding commercial property insurer against reinsurer, in dispute arising from $60+ million fire loss. Case settled, with reinsurer paying entire amount due my client, with interest.

Ellerton v. Five Towns (1993): Successfully represented medical group in potential bad faith claim against primary and excess professional liability insurers. Persuaded primary and excess insurers to offer an additional $750,000 to settle claim within my client's policy limits.

Arbitration: Cedent v. Reinsurer (1993-96): Successfully represented commercial property reinsurer in dispute over the number of occurrences involved in a winter storm catastrophe that damaged a large factory, followed by a fire at the same location three weeks later. The cedent claimed the two losses constituted a single occurrence and the fire ought to be included in the winter storm catastrophe. Three-year arbitration ended in unanimous award in favor of my client, with an estimated value in excess of $25 million.

AESIC vs. Sofamor Danek (1996-99): Advised and represented excess insurer on coverage, allocation, attachment point, and aggregate exhaustion issues arising out of multi-year layered excess claims-made products liability program, covering manufacturer involved in mass product liability litigation. Represented excess insurer in declaratory judgment actions in U.S.D.C., S.D.Oh. and W.D.Tenn. My client was able to settle for 50% of its policy limit, even though other insurers on the same and upper excess layers were forced to pay their full policy limits.

Insurer v. Independent Adjuster (1999-2001): Advised upper-level excess commercial property insurer on potential claims against independent adjuster, arising from adjuster’s mishandling of multi-site catastrophe (hurricane) loss.

1120 Avenue of the Americas v. The New York Times et al. (1999): Represented insurer against a third-party's claim of "additional insured" status, based on a broker-issued certificate of insurance. The claim against my client was discontinued.

Nationwide v. Great American (2003-2004): Represented insurer against claim that inaccurate certificate of insurance issued by broker created coverage for a claim, even though no insurance policy had ever been issued. After a year of litigation, the claim against my client was discontinued.

World Trade Center 9/11 Claims (2001-2004): Advised commercial first-party property insurer how to structure and present complex reinsurance claims under Catastrophe and Excess-of-Loss reinsurance contracts. To date, my client has collected over $146 million with no arbitration, no litigation, and no significant disputes.

Sternberg v. Grossman (2003-2004): Defended attorney against claim that he and his client had misappropriated trade secrets involving two new inventions, and deprived the plaintiff of their prospective commercial advantages. Case settled with no payment by my client.

3 W. 35th Co., LLC v. Utica National, et al. (2004):  Defended commercial 1st-party property insurer against claims of breach of contract, bad faith, violation of insurance statutes and regulations, fraud, and unfair business practices, for which plaintiff demanded $3.5 million. After five months of litigation, my client was awarded summary judgment and the complaint was dismissed.

Contracts (1993-2004): Negotiated, drafted, and/or revised a wide variety of insurance and reinsurance contracts, including:

• innumerable policy forms and endorsements for specialty programs involving nursing homes, paraprofessional liability, following-form excess liability, equipment leasing, churches, colleges, personal autos, auto leasing, foreign voluntary WC, garagekeepers’ pollution liability, ocean marine pollution liability, wineries, timber owners, retirement homes, social workers, innkeepers, technology professionals, tax software developers, and residual value insurance programs.

• a unique, "cutting edge," three-party reinsurance arbitration agreement,

• a property catastrophe excess of loss reinsurance agreement,

• insurance policy forms and related warranty agreements for specialty credit card and computer firewall warranty programs,

• occurrence and claims-made primary GL policy forms,

• hundreds of primary, excess, and umbrella liability endorsements, including numerous exclusionary endorsements for Y2K, terrorism, and fungi, and

• several reinsurance commutation agreements and cut-through agreements.