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Marshall Gilinsky is a shareholder in the New York office of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments. He is an experienced commercial litigator who applies his complex analysis skills with extensive experience in insurance coverage analysis and litigation and dispute resolution. Mr. Gilinsky's insurance coverage practice is focused on property insurance, commercial general liability insurance, directors' and officers' (D&O) insurance, captive insurance and reinsurance issues. Much of his practice concentrates on assisting clients recover business interruption insurance coverage and damages arising out of prominent catastrophes.
Mr. Gilinsky also practices extensively commercial litigation, arbitration and alternative dispute resolution relating to tort, contractual and regulatory disputes. Mr. Gilinsky’s success in addressing and solving clients' problems stems from his ability to understand their businesses and the context in which their legal dilemmas arise.
Representative Engagements
Represented various policyholders in litigation over complex business interruption insurance claims worth hundreds of millions of dollars' arising out of the September 11th terrorist attacks and Hurricanes Ivan, Katrina and Rita.
Obtained an award for the full coverage - approximately $3.5 million - owed to a New York City co-op under its Directors and Officers liability insurance policy (see Soho Plaza Corp., Inc. v. Nationwide Mut. Ins. Co., 309 A.D.2d 504, 764 N.Y.S.2d 697 (N.Y. App. Div. 2003).
Obtained a favorable settlement for clients whose claim under a life insurance policy had been denied based on alleged misrepresentations in the policy application, by obtaining discovery from the insurance company which established that it would have sold the same policy under its own internal underwriting guidelines even if the alleged misrepresentations had occurred.
Obtained favorable rulings on motions to dismiss various tort and breach of contract actions filed against a national telecommunications company.
Publications
"Insurance Coverage for the Gulf Coast Oil Spill Losses," Risk Management Magazine (June 2010) and AKO Policyholder Alert (May 2010) (with Robert M. Horkovich and John G. Nevius)
"Improve Your Policy Wording During Soft Markets," Risk Management Magazine (March 10, 2010) (with Robert M. Horkovich)
"Insurance Coverage for Swine Flu Claims," AKO Policyholder Alert (May 2009) (with Diana Shafter Gliedman and Rhonda D. Orin)
"A Look Back at Insurance Law in 2008: New York's Highest Court Confirms that Insurance Companies are Liable for Consequential Damages Just Like Anyone Else," Section of Litigation: American Bar Association (March 2009) (with Ronald J. Papa) and AKO Loss Advisor (Spring 2009) (with Ronald J. Papa)
"Maximizing Insurance Recovery of Madoff-Related Losses," AKO Policyholder Alert (December 29, 2008) and Andrews Insurance Bad Faith Litigation Reporter (February 10, 2009)
"Understanding Your Property Insurance: ACV and Replacement Cost Coverage," Focus (Industry News), published by the New York State Hospitality & Tourism Association (July 2008) and Hospitality Lawyer's Operator Newsletter (July 2009)
"New York State Legislature and Governor Reform Late Notice Law," AKO Policyholder Alert (July 2008) and Andrews Insurance Coverage Litigation Reporter (August 8, 2008)
"New Late-Notice Rule in N.Y. Shifts Burden to Insurer to Prove Harm," New York Law Journal (July 30, 2008)
”Limitations on Privilege When Attorneys Act as Claims Handlers,” The John Liner Review (Spring 2008)
"ACV (Actual Cash Value) and RCV (Replacement Cost Value): How To Get the Most from Your Property Insurance," Lodging Law, published by the American Hotel & Lodging Association (January 2008) (with Ronald J. Papa)
"Business Income Coverage in the Post-9/11 World:How Insurance Companies Have Changed the Claims Handling Playbook Since 9/11 and Hurricane Katrina," Nexis Lexis Research Solutions (December 2007) (with Richard P. Lewis)
"In Search of Consistency in Insurance Claims Handling – Discovery of Reserves and Other Policyholders' Claims," Privacy & Data Security Law Journal (October 2007) and AKO Policyholder Advisor (September/October 2007) (with Amy Francisco)
"Will Business Interruption Insurance Coverage Keep Your Property Above the Smoke and Water?," Focus (Industry News), published by the New York State Hospitality & Tourism Association (September 2007)
"Actual Cash Value and Replacement Cost Value: How To Get the Most from Your Property Insurance," AKO Loss Advisor (Summer 2007) (with Ronald J. Papa, SPPA)
"Zubulake V: Emerging Trends in the Duties Regarding Electronic Evidence," Mealey's Litigation Report: Discovery (September 2004) and Corporate Counsel (October 2004) (with Todd Robichaud)
"When the Hand that Feeds You Makes a Fist: Policyholders Confront the London Market's Asbestos Documentation Requirements," Corporate Counsel (June 2003)
"Lessons from the Enron Disaster: Whose D&O Insurance Is It Anyway," AKO Executive Insurance Alert (Winter 2002) (with William Passannante)
"A Patient's Guide: How To Sue Your HMO in Small Claims Court in New York State," MSSNY's News of New York (November 1999) (with Eugene Anderson)
Speaking Engagements
"Natural Resource Damages & Remediation Efforts," HB Litigation Conferences: Oil in the Gulf-Litigation and Insurance Coverage, Atlanta, GA (June 24, 2010) (with John G. Nevius)
"Unique Insurance Coverage and Risk Management Issues for Colleges and Universities," 2010 Spring KAPPA Conference, Keystone Chapter of APPA (April 21, 2010)
"Emerging Legal Issues in Insurance Risk Management," Upstate New York RIMS Chapter Meeting, Rochester, New York (March 23, 2010)
"Understanding Insurance: Coverages and Claims," 2009 Hospitality Law Seminar Eastern Region, Baltimore, MD (June 1, 2009)
"Understanding Key E&O, D&O and Fiduciary Liability Insurance Issues," Canadian Capital RIMS Chapter Meeting, Ottawa, CN (March 11, 2009)
"Ten Tips for a Corporate Law or Risk Management Department," Bluegrass/Kentuckiana RIMS Chapter, Simpsonville, KY (November 13, 2008)
"Energy & Chemical: Managing the Risks of Global Warming," 11th Annual Policyholder Advisor Conference, New York, NY (September 18, 2008) (with John Nevius)
"Business Interruption Insurance: Legal Strategies Before and After Crisis Strikes Negotiating Coverage and Maximizing Recovery," Insurance Law & Litigation Week and the Legal Publishing Group of Strafford Publications Teleconference (February 6,2008)
"Preserving Privileges: Ethical Issues Confronting Insurers, Policyholders & Counsel," New York City Bar, New York, NY (January 22, 2008)
"Going the Distance with Extensions of Coverage," NAPIA/MAPIA Insurance Seminar, Cambridge, MA (October 26, 2007)
"The State of the Law And Successful Strategies Relating to Bad Faith Insurance Claims," Strafford Publications Teleconference, New York, NY (January 30, 2007)
"Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies," Strafford Publications Teleconference (September 29, 2006)
"Occurrences in Complex Insurance: State of the Law-Emerging Trends," Strafford Publications Teleconference (February 15, 2006)
"Ethical Issues Involving Witnesses," Anderson Kill & Olick Ethics Seminar, Harvard Club, New York, New York (February 15, 2006)
"Employment Practices Liability Insurance," Palm Beach RIMS Chapter, Palm Beach, Florida (November 10, 2005)
"Facing the Demands of E-Discovery: An Update on Developing Case Law and Proposed Rule Changes," Strafford Publications (January 19, 2005)
"Ethics Seminar - The Attorney Disciplinary Process in New York," presented at the Harvard Club, New York, New York (February 11, 2004)
"Insurance Issues Confronting Larger Financial Institutions, Manufacturers and Service Providers, the Plaintiff's Attorney's Viewpoint - Policyholder's Right to Independent Counsel," Westchester Community College Center for Insurance Education, White Plains, New York (November 20, 2003)
"Ethical Issues Relating to Tripartite Insurance Relationships - Conflicts of Interest in Tripartite Insurance Relationships," Anderson Kill & Olick, Philadelphia, Pennsylvania (November 18, 2003)
"Insurance Coverage for Financial Institutions - Current Issues in Directors and Officers Liability Insurance," Anderson Kill & Olick, New Jersey (January 23, 2003)
Press
Mr. Gilinsky is often quoted or cited in the press. The following is a representative sampling:
"Insurance Premiums for Offshore Drilling Soar 15%-50%," Wall Street Journal (May 25, 2010)
"Gulf Disaster Could Bring Long-Term Rise In Rig Insurance Cost," Wall Street Journal (May 25, 2010)
"Claims Could Get Messy After Huge, Costly Oil Spill," Business Insurance (May 9, 2010)
”’Wider Effects’ Barred in WTC Shops Insurance Suit,” Law360 Magazine (April 6, 2010)
"Buyers expect to face tough fight on flu claims," Business Insurance (May 11, 2009)
”Insurers So Far Not Resisting Madoff-Linked D&O Claims,” National Underwriters Online (March 27, 2009)
“AIG May Get ‘Softer’ on Certain Claims, Lawyer Says,” Bloomberg News (March 26, 2009)
"Insurance coverage eyed in Madoff claims," The National Law Journal (February 9, 2009)
"Madoff Lawsuit Virus Likely To Spread to Insurance," Law360 Magazine (January 30, 2009)
"Madoff torts likely to plump up some insurance prices," Financial Week (January 26, 2009)
"Market braces for hit from Madoff scandal," Business Insurance (January 19, 2009)
"Victims of Alleged Securities Fraud Scramble to Find Insurance Solutions," BestWire (January 19, 2009)
"Madoff Scandal to Cost Insurers Billions?," Claims (January 16, 2009)
"Madoff Claimants Could Turn To Insurers For Coverage," CNN Money.com (January 9, 2009)
"New Late-Notice Rule in N.Y. Shifts Burden to Insurer to Prove Harm," New York Law Journal (July 30, 2008)
Bar Admissions
New York, Colorado, United States District Court for the Southern and Eastern Districts of New York, the United States District Court for the District of Nebraska and the United States District Court for the District of Connecticut.
Education
George Washington University, J.D. with honors
Cornell University, B.S.
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