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Mark Garbowski

Shareholder
mgarbowski@andersonkill.com

New York

T. 212-278-1169
F. 212-278-1733

Practice Areas


Insurance Recovery
Corporate and Commercial Litigation
Environmental Law

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Mark Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office.  Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance (E&O), directors and officers insurance (D&O), fidelity and crime-loss policies, internet and high-tech liability insurance issues.

Mr. Garbowski is also a member of Anderson Kill's Financial Services insurance coverage group which serves its clients in that industry, including broker/dealers, commercial banks, investment advisors, hedge funds, mutual funds and other financial institutions. In addition, Mr. Garbowski is active in the firm's settlement and alternative dispute resolution adjunct to its insurance coverage litigation practice. In that context he develops computerized insurance allocation models for long-tail claims and other complex insurance models.

Before joining Anderson Kill, Mr. Garbowski practiced general commercial litigation with experience in the areas of products liability and securities litigation.

Mr. Garbowski frequently publishes articles and is editor-in-chief of Anderson Kill's Policyholder Advisor.

Publications

Below is a compendium of articles written by Mr. Garbowski.

Book Chapter:  "Employment Practices Liability Insurance," Legal Issues In Risk Management - A Policyholder's Guide (Aspen Publishers, 2009)

"Is There Insurance Coverage for Losses Stemming from Government Shutdown or Default?," Agents of America.org (October 7, 2013), LexisNexis (October 4, 2013),  Insurance Journal (October 4, 2013), PropertyCasualty360 (October 3, 2013), Risk & Insurance magazine (October 2, 2013) and Anderson Kill Policyholder Alert (October 2, 2013)

"Tips For Maximizing the Value of Insurance Assets," Agents of America.org (July 2013) and AKO Policyholder Advisor (May/June 2013)

"Ten Insurance Tips For Maximizing The Value Of Insurance Assets," The Metropolitan Corporate Counsel (June 2013)

"Crazy Schemes: Orion and London & Overseas Insurance Companies," AKO Policyholder Advisor (November/December 2012)

"Does Your E&O Insurance Need a Tune-Up?," AKO Policyholder Advisor (July/August 2012) (with Matthew T. Baskir)

"New York Court Green-Lights Bad Faith Claim in Alleged Breach of Duty to Defend," NYCLA Construction Law Journal, Volume II, Issue I (Spring 2012) and AKO Policyholder Advisor (March/April 2012)

"Professional Liability Coverage for Knowing, Intentional and Criminal Acts," Corporate Counsel (June 2010) and AKO Policyholder Advisor, Volume 19, Number 2 (March/April 2010)

"Resolutions," AKO Policyholder Advisor, Volume 18, Number 6 (November/December 2009)

"New Laws, New Liabilities," Risk Management Magazine (December 2009) (with Robert M. Horkovich)

"New Laws, New Liabilities, New Insurance Issues," AKO Policyholder Advisor, Vol. 18, No. 4 (July/August 2009)

"The Basics of Insurance Company Insolvency and Financial Distress," AKO Policyholder Advisor (March/April 2009)

"Lifelines in the Store: Pro-Policyholder Developments in 2008," Insurance Journal (January 2009)

"2008 Year in Review," AKO Policyholder Advisor (November/December 2008)

"Credit Default Swaps: A Brief Insurance Primer," AKO Policyholder Advisor (September/October 2008) and Corporate Counsel (January 2009)

"New York Court of Appeals: Policyholders Can Obtain Consequential Damages for Breach of Contract," AKO Policyholder Alert and Common Law Journal (March 2008)


"Ten Insurance Tips for Corporate Counsel, Risk Managers and Executives," AKO Policyholder Advisor (January/February 2008) and Corporate Counsel (April 2008)


"Mergers & Acquisitions - Don't Forget the Hidden Asset - Insurance," A Securities Professional's Alert (July 2006) and riskVue (April 2007) (with R. Mark Keenan)

"Disputes Over Settling Claims in Excess of Limits: An 'Ethical' Strategy for Policyholders," riskVue (May 2006) and AKO Policyholder Advisor (March/April 2006)

"Settling Large Insurance Claims," riskVue (April 2004) (with Ann Kramer) AKO Policyholder Advisor (February/March 2004) (with Ann Kramer)

"Insurance Coverage For Power Interruption - In The Northeast and Elsewhere," AKO Policyholder Advisor (September 2003) (with Rhonda D. Orin and Michele Gallagher)

"Research Analyst Coverage," AKO Financial Services Alert (Summer 2003) (with R. Mark Keenan)

"A Hard Market Means Hard Choices in 2003," CT Business Times (February 2003)

"Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur," The Journal Of Appellate Practice And Process (Fall 2002) (with Eugene R. Anderson and Daniel J. Healy

"Securities Professional Liability Policy Coverage," AKO Financial Services Alert (Spring 2002) (with R. Mark Keenan)

"Liability Insurance for the Securities Professional," Corporate Counsel (December 2001) (with R. Mark Keenan)

"Privacy Policies: Time to Disclose, Time to Check for Coverage," AKO Financial Services Alert (Spring 2001)

"Good News, Bad News: Responding to Reservation of Rights Letters," AKO Policyholder Advisor (July 2000)

"Pursuing 'Professional' Coverage Under CGL Policies: Handling the Professional Services Exclusion," The John Liner Review (Summer 2000)

"So, What Is a Professional Service, Anyway?," The John Liner Review (Summer 2000)

"Good News, Bad News: Responding to Reservation of Rights Letters and Non-Waiver Agreements," Massachusetts Bar Association Business Law Section News (February 1998) (with Eugene R. Anderson and Leonard P. Pasculli)

"Malpractice Insurance: Getting the Last Laugh on your Insurance Company," Accounting Today (January 5, 1998) (with Eugene R. Anderson and Leonard P. Pasculli)

"Sorting Out the Good News from the Bad News - Responding to Reservation of Rights Letters/Non-Waiver Agreements," Insurance Advocate (November 29, 1997) (with Eugene R. Anderson and Leonard P. Pasculli)

"Good News, Bad News: Responding to Reservation of Rights Letters and Non-Waiver Agreements," The Environmental Corporate Counsel Report (November 1997) (with Eugene R. Anderson and Leonard P. Pasculli)

"The Good and Bad News of Responding to Reservation of Rights Letters and Non-Waiver Agreements," Pennsylvania Law Weekly (October 27, 1997) (with Eugene R. Anderson and Leonard P. Pasculli)

"Good News, Bad News: Responding to Reservation of Rights Letters and Non-Waiver Agreements," Real Estate/Environmental Liability News (October 17, 1997) (with Eugene R. Anderson and Leonard P. Pasculli)

"Good News, Bad News: Responding to Reservation of Rights Letters and Non-Waiver Agreements," New York Law Journal (October 8, 1997) (with Eugene R. Anderson and Leonard P. Pasculli)

"Good News, Bad News: Responding to Reservation of Rights Letters and Non-Waiver Agreements," Ohio Lawyers Weekly (October 6, 1997) (with Eugene R. Anderson and Leonard P. Pasculli)

"Good News, Bad News: Responding to Reservation of Rights Letters and Non-Waiver Agreements," Managing Risk For Loss Prevention and Cost Control (October 1997) (with Eugene R. Anderson and Leonard P. Pasculli)

"Insurance Coverage for Punitive Damage Awards," AKO Policyholder Advisor (September 1995) (with Eugene R. Anderson)

Speaking Engagements

"Ultra Fine Print: How to read insurance policies & excess carriers denial for unexhausted underlying limits," Long Island RIMS Chapter, Long Island, NY (February 26, 2013)

"Green Design:  New Liabilities, Risks, and Insurance Strategies," American Council of Engineering Companies 2011 Fall Conference, Las Vegas, NV (October 22, 2011)

"Financial Services: From FDIC Suits to Employee Threats," Industry Breakout Sessions: Important Issues Affecting Key Industries, 14th Annual Policyholder Advisor Conference, New York, NY (September 23, 2010) (with Edward J. Stein)

"Ultrafine Print: How to Read an Insurance Policy," 2010 PERK Risk and Insurance Management Society Houston Chapter, Houston, TX (May 19, 2010)

"Financial Services - Non-D&O Insurance Recoveries from the Subprime Crisis," Industry Breakout Sessions: Important Issues Affecting Key Industries, 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009) (with Edward J. Stein)

"Design Firm Professional Liability Coverage: Current Risks and Strategies," 2009 ACEC New York Spring Conference, New York, NY (June 10, 2009)

”Real Estate & Construction – Practical Tips on Avoiding Claims and What To Do If They Arise,” 11th Annual Policyholder Advisor Conference, New York, NY (September 18, 2008) (with Pamela Hans)

"Financial Services - Overview of Liability and Coverage Issues," 10th Annual Policyholder Advisor Conference, New York, NY (September 18, 2007)


"Financial Institutions-Overview of Coverage Issues," 9th Annual Policyholder Advisor Conference, Chicago, IL (June 1, 2006)

Press

Mr. Garbowski is often quoted or cited in the press.  The following is a representative sampling:

"Government shutdown may trigger insurance programs," Advisen's Front Page News (October 8, 2013)

"Businesses Damaged by Sandy Face Knotty Insurance Issues," New York Law Journal (December 5, 2012)

”AIG Competitors May Gain Market Share as Behemoth Looks to Sell Assets,” A.M. Best (September 22, 2008)

Bar Admissions

New York, United States District Court for the Southern and Eastern Districts of New York, Second Circuit Court of Appeals.

Education

Columbia University School of Law, J.D.
Columbia College, A.B.



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