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Alexander D. Hardiman

Shareholder
ahardiman@andersonkill.com

New York

T. 212-278-1588
F. 212-278-1733

Practice Areas


Insurance Recovery
Corporate and Commercial Litigation
Environmental Law
Alternative Dispute Resolution

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Mr. Hardiman is an experienced litigator, focusing on insurance coverage litigation and dispute resolution, with an emphasis on commercial general liability insurance, directors' and officers' (D&O) insurance, fiduciary liability insurance, errors and omissions (E&O) insurance, as well as property insurance issues.  Mr. Hardiman’s recent sample engagements include:

  • Representation of Fortune 500 corporation to obtain insurance coverage for national and foreign class actions alleging product contamination
  • Representation of manufacturer in connection with insurance coverage for class actions alleging asbestos bodily injury
  • Representation of policyholders to obtain coverage for environmental pollution liabilities
  • Representation of corporations to obtain insurance coverage for governmental claims, including anti-trust claims and SEC investigations
  • Obtained insurance coverage for large employment law related class action
  • Successfully defended policyholders against insurance company attempts to rescind insurance policies on the basis of alleged policyholder misrepresentations

Publications

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

"Boundaries of the FAA and Reverse Preemption Under the McCarran-Ferguson Act," New York Law Journal (March 31, 2014) (with Peter A. Halprin)

"Small Words, Big Consequences:  Avoiding Traps That May Eliminate D&O Coverage for Innocent Policyholders," Anderson Kill Policyholder Advisor (July/August 2013)

"Challenging Unfavorable Arbitration Clauses," Risk Management Magazine (February 5, 2013) (with Robert M. Horkovich)

"State Laws May Preclude the Arbitration of Insurance Disputes," AKO Policyholder Advisor, Volume 21, Number 5 (September/October 2012) (with Rene F. Hertzog)

"The D&O Flashpoints for Libor-Related Insurance Claims," Risk Management Magazine (September 2012) (with Robert M. Horkovich)

"Libor-Related Insurance Claims Provide A Roadmap To The Issues Faced By Policyholders In Large Exposure D&O Claims," Metropolitan Corporate Counsel (August 22, 2012)

"Liberating Coverage for Libor-Related Lawsuits and Investigation," AKO Policyholder Alert (July 25, 2012) (with Carrie Maylor DiCanio)

"How the New SEC Settlement Policy Affects Your D&O Coverage," The National Law Review  (April 9, 2012) and Risk Management Magazine (April 2012) (with Robert M. Horkovich)

"New SEC Settlement Policy - Implications For Your D&O Coverage," AKO Policyholder Advisor (February 2012) (with Raymond A. Mascia Jr.)

"Protecting Against D&O Liability for Climate Change-Related Disclosures," Risk Management Magazine (February 2011) (with William G. Passannante)

"Maximizing Recovery On Product Liability Insurance Claims," Risk Management Magazine (December 2010) (with Robert M. Horkovich)

"Climate Change Related D&O Liability - The Coming Flood?," Oregon State Bar Sustainable Future Section (Winter 2010) and ABA's Professionals', Officers' and Directors' Liability Committee Newsletter (Fall 2010) (with William G. Passannante)

"Make No Mistake: How to Avoid the Common Errors Made on Insurance Applications," Enforce: The Insurance Policy Enforcement Journal, Volume 8, Issue 1 (April 2010)

"How to Avoid Collateral Damage to Your Workers Compensation Program," The John Liner Review, Volume 23, Number 4 (Winter 2010)

"Misrepresentations in Insurance Applications:  How to Avoid Them and How to Minimize Consequences When They Happen," Corporate Counsel Magazine (January 2010)

"'Catch Me If You Can' Improper Denial of Securities Claims By D&O Insurance Companies," riskVue (November 2006)(with William G. Passannante) AKO Executive Insurance Advisor (Summer 2006) (with William G. Passannante)

"D&O Insurance: Don't Let The Insurance Companies Control Your Life," Corporate Counsel (June 2004) (with R. Mark Keenan)

"'Fees on Fees' - Can Directors and Officers Recover Attorneys' Fees to Enforce Corporate Indemnities?," Executive Insurance Alert (Winter 2003) (with William G. Passannante)

Speaking Engagements

"D&O Insurance Issues in the Context of Bankruptcy: Strategies and Pitfalls on the Road to Maximizing Coverage," Strafford Publications Teleconference, New York, NY (June 17, 2014)

"SEC's New Regulations and the Impact on D&O," Institutional Investor Forums' 30th Annual Risk Management Seminar, New York, NY (May 15, 2014)

"Translating Your D&O Policies Into Language That Will Pay Claims," 17th Annual Policyholder Advisor Conference, New York, NY (October 17, 2013) (with William G. Passannante)

"D&O Fiduciary Duties in the Zone of Insolvency: Avoiding and Defending Fiduciary Duty Claims and Maximizing D&O Insurance Coverage," Strafford Publications CLE Webinar, New York, NY (July 30, 2013)

"From Soup to Nuts: Anatomy of a D&O Insurance Claim," 16th Annual Policyholder Advisor Conference, New York, NY (October 25, 2012) (with William G. Passannante)

"D&O Fiduciary Duties in the Zone of Insolvency: Avoiding and Defending Fiduciary Duty Claims and Maximizing D&O Insurance Coverage," Strafford Publications CLE Webinar, New York, NY (October 4, 2012)

"The JOBS Act - How Will It Affect the Public and Private D&O Insurance Market," The Professional Liability Underwriting Society (PLUS) Eastern Chapter Event - The Jumpstart Our Business Startups (JOBS) Act, New York, NY (September 12, 2012)

"Merge With Caution and Mind the Traffic Cops: D&O Risks in 2012 and Beyond," Anderson Kill's 9th Annual D&O Conference, New York, NY (March 15, 2012) (with William G. Passannante)

"Understanding Key E&O, D&O and Fiduciary Liability Insurance Issues," Calgary RIMS Chapter D&O Meeting, Calgary, Canada (March 1, 2012)

"Emerging Legal Issues in Insurance Risk Management," PERK RIMS Atlanta Chapter, Atlanta, GA (October 21, 2010)

"Emerging Legal Issues in Insurance Risk Management," PERK RIMS Great Quad Cities Chapter of Iowa, Muscatine, IA (October 13, 2010)

"State of the Market, The Brokers' Perspective," 14th Annual Policyholder Advisor Conference, New York, NY (September 23, 2010)

"D&O Insurance in the Wake of the Great Recession," 14th Annual Policyholder Advisor Conference, New York, NY (September 23, 2010) (with William G. Passannante)

"Managing the Independent Contractor Status - Employee v. Independent Contractor on Insurance & Fiduciary Issues," Risk and Insurance Management Society Annual Conference, Boston, MA (April 26, 2010)

"Emerging Legal Issues in Insurance Risk Management," Greater Quad Cities RIMS Chapter, Muscatine, IA (January 13, 2010)

"How to Avoid Collateral Damage to Your Workers Compensation Program," Palmetto, South Carolina RIMS Chapter, Palmetto, SC (October 14, 2009)

"Emerging Legal Issues in Insurance Risk Management," New York Association of Corporate Counsel, New York, NY (September 24, 2009) (with Finley Harckham)

"The Forgotten Promise - Strategies and Tactics to Maximize the Value of D&O Insurance," 4th Annual D&O Conference, Harvard Club, New York, NY (June 22, 2006)

Press

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

"5 Tips For Clinching Coverage Under Excess Policies," Law360 (July 25, 2013)

"Judge: Chartis Can't Force California Company to Arbitration in New York," Bestwire (August 2, 2012)

"AIG Unit's Workers Compensation Arbitration Request Denied," Business Insurance (August 2, 2012)

"Chartis Can't Arbitrate Claims That Client Didn't Pay Dues," Law360 (August 1, 2012)

"Libor scandal makes it more costly for bankers to get insured," Chicago Tribune and Reuters (July 24, 2012)

"Insurers May Give Banks Cold Shoulder After Libor Scandal," Law360 (July 18, 2012)

"Libor scandal may bring more D&O, E&O lawsuits," Business Insurance magazine (July 15, 2012)

"Insurer's Claim That Arbitration Act Trumps Insurance Law Rejected," New York Law Journal (August 10, 2011)

"Judge: State Insurance Law Trumps Federal Arbitration Act," A.M. Best Company, Inc. (August 3, 2011)

"New York Court Questions Validity of Chartis Arbitration Clause in Workers Comp Policy," Advisen (August 3, 2011)

"AIG Unit Loses Bid to Force Arbitration in N.Y.," Business Insurance (August 7, 2011)

"Climate change suits await U.S. Supreme Court action," Business Insurance (November 14, 2010)

Bar Admissions

New York and California

Education

Boston University School of Law, J.D.
Oxford University, B.A., M.A. hons.



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