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Finley T. Harckham

Shareholder
fharckham@andersonkill.com

New York

T. 212-278-1543
F. 212-278-1733

Practice Areas


Insurance Recovery
Hospitality
Alternative Dispute Resolution
International Arbitration
Environmental Law

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Finley Harckham is a senior litigation shareholder in the New York office of Anderson Kill and serves on the firm's Executive Committee.

Mr. Harckham regularly represents and advises corporate policyholders in insurance coverage matters.  He has successfully litigated, arbitrated and settled hundreds of complex coverage claims.  His areas of particular focus include property loss, business interruption, directors and officers liability, construction, professional liability and general liability claims.

Mr. Harckham also founded two Anderson Kill non-legal subsidiaries: Anderson Kill Insurance Services, LLC, and Anderson Kill Loss Advisors, LLC.  Those companies provide insurance consulting and property and business interruption loss quantification and settlement services.

Mr. Harckham also has extensive experience in the field of international arbitration.  His arbitration clients include government contractors, consumer products companies and manufacturers which Anderson Kill has represented in a wide range of disputes involving, among other things, service contracts, the purchase and sale of components, raw materials and products, and licensing agreements.  He has successfully prosecuted and defended arbitrations in European countries and the United States under the London Arbitration Act, and the AAA, ICC and UNCITRAL arbitration rules. 

Since 2009, Mr. Harckham has been recognized by Super Lawyers for Insurance Coverage.  In addition, since 2012, he has been recognized by Chambers USA for policyholder insurance dispute resolution in New York and has been described as "a tenacious litigator and a real gentleman" and "reasonable, confident and as adept at taking a hard line as he is at finding workable compromises."  Legal 500 USA also recognized Mr. Harckham for insurance advice to policyholders and has described him as being a "leading practitioner in the field of insurance and reinsurance for natural disasters."

Mr. Harckham is a member of the firm's Hospitality Industry Practice Group.

Publications

Mr. Harckham is an author of the book, Legal Issues in Risk Management: A Policyholder's Guide, published by Aspen Publishers.  The book provides in-house counsel and risk managers with a primer on the major coverage issues that arise under corporate insurance programs, and advice for successfully pursuing insurance claims.

Book Chapter: "Insurance for Business Disruptions and Other First-Party Claims," Successful Partnering Between Inside and Outside Counsel (Thompson Reuters West, 4/2011)

Book Chapter: "Insurance Coverage for BP Oil Spill Claims," 2010 Gulf Coast Oil Disaster, Litigation and Liability (Thompson Reuters West, 2010)

Mr. Harckham has also written numerous articles on insurance coverage topics for publications such as CPCU Journal, The John Liner Review, Risk Management Magazine, The National Law Journal, and New York Law Journal.  Mr. Harckham has been quoted by the Wall Street Journal, Business Insurance and other publications as an expert on insurance law.

"Insurance Coverage Issues Arising from Superstorm Sandy," Enforce:  The Insurance Policy Enforcement Journal, Volume 12, Issue I (2014) (with Dennis J. Artese)

"Arbitration Clauses Can Make Dispute Resolution Arbitrary," The Metropolitan Corporate Counsel (July/August 2014) (with Peter A. Halprin)

"Tough Love Gets Claims Paid," PropertyCasualty360 (June 25, 2014) (with Robert M. Horkovich)

"Insurance Broker Liability: What Constitutes a 'Special Relationship'?," New York Law Journal (May 2, 2013) (with Robert D. Chesler and Matthew F. Putorti)

"Counsel's Role In Insurance Risk Management," The Metropolitan Corporate Counsel (May 2013)

"London and Bermuda Insurance Arbitrations: A Roadmap for Policyholders," New York Law Journal (April 1, 2013) (with Peter A. Halprin)

"How to Get Your Insurance Claim Paid Quickly," Constructor magazine (February 2013)

"Securing insurance recoveries for Hurricane Sandy property and business interruption coverage claims," Thomson Reuters News & Insight, New York Legal (November 21, 2012), and Westlaw Journal Insurance Coverage (Vol. 23, Issue 06)

"Coordinating In-House Counsel and Insurance Risk Management: Best Practices," New York Law Journal (November 5, 2012)

"Ten Tips for Pursuing Insurance and Bond Claims After Construction Accidents," Law360 (August 8, 2012) and AKO Real Estate & Construction Advisor (Summer 2012)

"The Unseen Endorsement in Business Interruption," Risk & Insurance magazine (July 1, 2011)

"Water, Water Everywhere . . . But is it Covered?," The John Liner Review (Summer 2011) and AKO Policyholder Advisor (May/June 2011)

"Insurance Coverage for the Ripple Effect From the Japanese Tsunami," Enforce:  The Insurance Policy Enforcement Journal, Volume 9, Issue 1 (May 2011), AKO Policyholder Advisor (March/April 2011) and Westlaw Journal (formerly Andrews Litigation Reporter) (March 25, 2011)

"Insurance Claims for Supply Chain Aftershocks of the Japanese Earthquake and Tsunami," The National Law Review (April 2011), Risk Management (March 2011) and AKO Policyholder Alert (March 18, 2011) (with Robert M. Horkovich)

"Insurance Coverage for Gulf Oil Spill Claims," Westlaw Journal Insurance Coverage, Westlaw Journal Utilities Industry, Westlaw Journal Insurance Bad Faith, Westlaw Journal Environmental, Westlaw Journal Toxic Torts and Westlaw Journal Asbestos (September 2010) (PDFs not available)

"A Guided Tour Of London And Bermuda Arbitrations," Insurance Law360 (September 20, 2010)

"Insurance Recoveries for the Gulf Oil Disaster," Corporate Counsel (August 2010) and AKO Policyholder Advisor (May/June 2010)

"Pitfalls In Pursuing D&O, Fiduciary Liability Claims," Insurance Law360 (May 22, 2009)

"Protecting D&O Claims From Rejection," American Banker (April 2009)

"Tips For Avoiding An Insurance Coverage Catastrophe After A Hurricane Loss," Corporate Counsel (November 2008)

Anti-Concurrent Causation Clauses Can Erase Your Property Coverage,” Corporate Counsel (March 2008)

"Make Sure You're Under The Umbrella - Beware the Anti-concurrent Causation Clause in Your Property and Business Interruption Coverage” Financial Week (July 30, 2007)

Income Loss Insurance Coverage for Businesses in the Frozen Zone,” AKO Policyholder Alert (July 24, 2007) and riskVue (October 2007) (with Joshua Gold)

Closing the Deal on Property and Business Interruption Coverage Claims,” Risk Management (July 2007)

”Important Developments in Insurance Claims Handling Practices,” Healthcare Liability & Litigation (June 2007)

Beware of Anticoncurrent Causation Clauses—They Can Erase Your Property Insurance Coverage,” AKO Policyholder Advisor (March/April 2007)

Closing the Deal on Katrina Coverage Claims—Eight Things You Should Know to Ensure the Largest Possible Recovery,” Anderson Kill Loss Advisor (Spring 2007)

"Protecting the Lifeblood of Your Business - Its Income Stream: Insurance Coverage for Business Interruption Losses," AKO Real Estate & Construction Advisor (Autumn 2006)

"Hurricane Katrina's One Year Anniversary:  Make Sure Time Is On Your Side," AKO Policyholder Alert  (August 2006) (with John N. Ellison and Joshua Gold)

"Coverage for Disrupted Business Relationships In The Storm Battered Gulf Coast," Corporate Counsel (February 2006)

"Beware of An Insurer's Reservation of Rights," AKO Policyholder Advisor (January/February 2006) and riskVue (October 2006)

"A Brief Guide To London Arbitrations How Many U.S. Companies’ Major Liability Coverage Disputes Are Now Resolved," Corporate Counsel (August 2005)

"A Delicate Balance: Guiding Class Actions, Derivative Suits and S.E.C. Investigations to Acceptable Resolution Without Giving D&O Insurers an Excuse to Deny Coverage," Executive Insurance Advisor (Summer 2005)

"Securing a Full Insurance Recovery After Natural Disasters," AKO Policyholder Advisor (September/October 2004)

"Only 25 Percent of Policyholders Have Purchased Terrorist Coverage Under the Terrorist Risk Insurance Act. Here is Why," Corporate Counsel (May 2003)

"Navigating the Murky Waters of Marine Cargo Insurance," AKO Policyholder Advisor, Volume 6, Number 5 (May 1997)

Speaking Engagements

Mr. Harckham is a frequent lecturer at RIMS conferences and other insurance seminars.

"High Value Complex Claims: A Difference in Kind or Degree?," 5th Annual WIND Regional Symposium, Newark, NJ (May 9, 2014)

"Sandy Fallout: Important Coverage Issues Arising from Superstorm Sandy," Anderson Kill 17th Annual Policyholder Advisor Conference, New York, NY (October 17, 2013) (with Dennis J. Artese)

"Understanding the Mechanisms & Tools for Protecting Your Business Through Contractual Risk Transfer," South Florida ACC Chapter (Miami) Conference, Palm Beach Gardens, FL (May 17, 2013) (with Joshua Gold)

"Business Interruption and Other Legal Coverage Issues Post Superstorm Sandy:  The More You Know," AKO's New Jersey Policyholder Advisor Conference, Iselin, NJ (April 18, 2013)

“Property and Business Interruption Losses:  Superstorm Sandy,” Anderson Kill & Olick, P.C. Second Annual Policyholder Conference, New York, NY (February 12, 2013) (with Rhonda D. Orin, Marshall Gilinsky, Joshua Gold, Dennis J. Artese and Ronald J. Papa)

"Business Interruption Coverage and Claims After Superstorm Sandy Webinar," FC&S Legal: The Insurance Coverage Law Information Center, New York, NY (December 11, 2012) 

"Superstorm Sandy Insurance Coverage & Claims Webinar," sponsored by Anderson Kill & Olick, P.C. and Advisen, New York, NY (November 16, 2012)

"What Every Insurance Professional Should Know About Insurance Coverage," NJ RIMS PERK Chapter 4th Annual Risk Management Day, Basking Ridge, NJ (November 13, 2012) (with Steven J. Pudell)

“Energy & Chemical:  Best Practices for Coordination Between Risk Management, In-House Counsel and Outside Counsel in Procuring Insurance and Pursuing Insurance Recoveries on Behalf of Energy and Chemical Companies,” Industry Breakout Sessions:  Important Issues Affecting Key Industries, 16th Annual Policyholder Advisor Conference, New York, NY (October 25, 2012) (with Dennis J. Artese)

"Construction Audit: Adding Value," New York and New Jersey Chapter of the National Association of Construction Auditors' Open House, New York, NY (August 22, 2012) (with Lawrence J. Bartelemucci)

"Real Estate & Construction - Defective Construction Insurance," Industry Breakout Sessions: Important Issues Affecting Key Industries, 15th Annual Policyholder Advisor Conference, New York, NY (October 13, 2011) (with Kevin J. Connolly)

"Maximizing Business Income and Civil Authority Coverage After Disaster," 15th Annual Policyholder Advisor Conference, New York, NY (October 13, 2011)

"After Deepwater: Closing the Deal on Complex Property and BI Claims," 36th Annual Florida RIMS Educational Conference, Naples, FL (August 4, 2011)

"Crisis Management," American Bar Association's Petroleum Conference, New Orleans, LA (April 12, 2011) (with Charles T. Lee)

"Risks & Rewards in Real Estate," Seminar Series with Marcum LLP, New York, NY (March 3, 2011) (with Lawrence J. Bartelemucci and Kevin J. Connolly)

"Important Issues Concerning Insurance Claims for Exposures in the U.S.," Italy-America Chamber of Commerce, New York, NY (November 3, 2010)

"After Deepwater: Closing the Deal on Complex Property and Business Interruption Claims," South Louisiana RIMS Chapter, New Orleans, LA (October 13, 2010)

"Business Interruption in the Gulf, from Katrina through Deepwater," 14th Annual Policyholder Advisor Conference, New York, NY (September 23, 2010) (with John G. Nevius)

"Energy & Chemical: Managing the Risks of Global Warming," Industry Breakout Sessions: Important Issues Affecting Key Industries, 14th Annual Policyholder Advisor Conference, New York, NY (September 23, 2010) (with John G. Nevius)

"Insurance Policy Arbitration Clauses: Pitfalls for Policyholders," 14th Annual Policyholder Advisor Conference, New York, NY (September 23, 2010) (with David P. Bender, Jr.)

"Emerging Legal Issues in Insurance Risk Management," Upstate New York RIMS Chapter, Rochester, NY (March 23, 2010)

"Emerging Legal Issues in Insurance Risk Management," Connecticut Association of Corporate Counsel, Hartford, CT (November 10, 2009)

2009 First Party Property Claims Conference & Exhibition, NAPIA, Warwick, RI (October 26-27, 2009)

"Disaster Recovery," American Association of Port Authorities Conference, Galveston, TX (October 25-29, 2009)

"Emerging Legal Issues in Insurance Risk Management," New York Association of Corporate Counsel, New York, NY (September 24, 2009) (with Alex D. Hardiman)

"Emerging Legal Issues in Insurance Risk Management," Stamford Bar Association (September 23, 2009)

"State of the Market, The Brokers' Perspective," 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009)

"Energy & Chemical: Managing the Risks of Global Warming," Industry Breakout Sessions: Important Issues Affecting Key Industries, 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009) (with John G. Nevius)

Risk and Insurance Management Society Educational Workshop, (with Pamela D. Hans and Ronald Papa), Orlando, FL (April 18-19, 2009)

Risk and Insurance Management Society Educational Workshop, (with William G. Passannante, Pamela D. Hans, Kevin Connolly, Phillip England and Ronald Papa), New York, NY (October 20-21, 2008)

”Financial Services – Overview of Liability and Coverage Issues,” 11th Annual Policyholder Advisor Conference, (with Edward Stein) New York, NY (September 18, 2008)

“Paving The Way To Insurance Recoveries” Connecticut Construction Industries Association, Inc., Wethersfield, CT (May 15, 2008)

“Retail Industry Session,” Risk and Insurance Management Society, San Diego, CA (April 30, 2008)

”Global Warming Litigation’s Impact on Insurance Coverage Risk Management,” Risk and Insurance Management Society, San Diego, CA (April 28, 2008)

"Beyond Wind vs. Flood - Coverage Issues Arising Out of Hurricane Katrina," NAPIA/MAPIA Insurance Seminar, Cambridge, MA (October 26, 2007)

“Hurricane Katrina Litigation Update/Business Interruption Insurance/Quantification Issues,” 10th Annual Policyholder Advisor Conference, New York, NY (September 18, 2007)

“How to Evaluate and Settle an Insurance Claim,” Risk and Insurance Management Society, Inc., Denver, CO (September 27, 2007)

“Hurricane Coverage and Other Disasters Insurance Seminar,” Rockville, MD (June 28, 2007)

“Hurricane Coverage and Other Disasters Insurance Seminar,” Hyatt Regency, Houston, TX (June 22, 2007)

“Ten Tips For a Corporate Law or Risk Management Department,” Risk and Insurance Management Society, Inc., Toledo Chapter Meeting, Perrysburg, OH (March 1, 2007)

“Insurance Recovery for Hurricanes and Other Natural Disasters,” AAPA Port Administration and Legal Issues Seminar, Miami, FL (February 12, 2007)

"Beyond Wind vs. Flood - The Hotly Litigated Issues Arising out of Katrina," National Association of Public Insurance Adjusters Conference, Cambridge, MA (October 20, 2006)

"First Party Property/Business Interruption in the Wake of Katrina/Rita/Wilma," 9th Annual Policyholder Advisor Conference, Philadelphia, PA (September 15, 2006)

"First Party Property/Business Interruption in the Wake of Katrina/Rita/Wilma," 9th Annual Policyholder Advisor Conference, Chicago, IL (June 1, 2006)

"Business Income/Contingent Business Income/Other Time Element Claims," Katrina/Rita/Wilma Damages:  Recouping Your Losses With An Aggressive Insurance Recovery Program, New Orleans, LA (March 30, 2006)

Mealey's Fundamentals of Insurance Conference, Westin Hotel, Philadelphia, PA (February 13, 2006)

Representative Broadcast Interviews

Mr. Harckham has been the featured guest on a number of television and radio shows, including the following:

"Superstorm Sandy Business Interruption Issues," WABC-TV NY Viewpoint television (November 18, 2012) (interviewing Finley T. Harckham).  To view the interview, please click here.

"Ways to get the most out of your disaster insurance claims," SBA Radio (November 8, 2012)

"Attorney Finley Harckham on Interruption Claims from Japan Earthquake," BestDay Audio (March 15, 2011)

Press

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

'Ace Loses Deductible Fight Over Oil Terminal's Sandy Damage," Law360 (January 3, 2014)

"Deductible Made Flood Policy An Illusion, Judge Ruled," New York Law Journal (January 1, 2014)

"Insult to injury: Insurers sue to avoid payouts," Crain's New York Business (October 25, 2013)

"SANDY: One Year Later - The number of potential triggers and coverages affecting commercial claims is as massive as Sandy was," Risk & Insurance (October 1, 2013)

"N.Y. Bill Challenges Policy Language Excluding Flood Coverage," Property Casualty 360 (October 17, 2013)

"Attorneys: Commercial Insureds Should Prepare for Delays, Denials on Sandy Claims," Property Casualty 360 (February 19, 2013)

"Property/casualty insurance rates expected to firm in wake of Superstorm Sandy," Business Insurance (November 4, 2012)

"Hurricane Sandy: The Aftermath Left for Insurers," Risk & Insurance (November 1, 2012)

"A Looming Concern After Sandy:  Big Business Interruption Losses," Property Casualty 360 (October 31, 2012)

"NY Regulator Steps In To Resolve 9/11 Coverage War," Law360 (July 6, 2012)

"Litigating coverage dispute requires cost-benefit analysis," Business Insurance Magazine (April 29, 2012)

"Insurance case alternative dispute resolution often best," Business Insurance Magazine (April 29, 2012)

"Most common causes of commercial insurance disputes," Business Insurance Magazine (April 29, 2012)

"Inconsistency Is the Norm in Construction Liability Coverage," Insurance Journal (October 17, 2011)

"Insurers Assessing Air Race Tragedy: The Reno air race losses could shatter the event's insurance limits and possibly result in its cancellation," Risk & Insurance Magazine (September 27, 2011)

"Insurer Must Pay Up In $7M Holiday Inn Flood Suit," Law360 (March 28, 2011)

"Insurers May Face 'Far Reaching' Claims As Supply Chain Breaks," The Wall Street Journal (March 17, 2011)

"Japan's Tragedy A Reminder of Need for Business Interruption Insurance," MyNewMarkets.com (Powered by Insurance Journal) (March 16, 2011)

"Japan Earthquake Causes Business Temblors Worldwide," Best Wire (March 16, 2011)

"Far From the Earthquake, Insurance Claims May Be Triggered," LexisNexis' Insurance Law Center (March 11, 2011)

"Shrunken Boards Promise Bigger Headache for CEO," American Banker (December 7, 2009)

Bar Admissions

New York

Professional Memberships

The Association of the Bar of the City of New York; International Bar Association

Education

New York University School of Law, J.D.; Winner, National Moot Court Competition
Hamilton College, B.A.; Phi Beta Kappa

Harckham, Finley

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