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Cort T. Malone

Shareholder
cmalone@andersonkill.com

Stamford

T. 203-388-7941
F. 203-388-0750

Practice Areas


Insurance Recovery
Corporate and Commercial Litigation
Environmental Law

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Cort T. Malone is a shareholder in the Stamford office of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments.  He 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, employment practices liability insurance, advertising injury insurance, and property insurance issues.  He is a co-chair of the Advertising Injury Subcommittee of the Insurance Coverage Litigation Committee of the ABA Section of Litigation.  Mr. Malone is also a member of Anderson Kill's Financial Services Industry and Environmental Law Groups.

Mr. Malone’s recent sample engagements include:

  • Conducted a Wellington arbitration proceeding on behalf of a Trust created by the Bankruptcy Court to obtain insurance coverage for asbestos liabilities.
  • Part of trial team that earned jury verdict in favor of coverage for the State of California’s clean-up of the Stringfellow Acid Pits, described by a federal court as the most complex environmental clean-up in the world (case currently on appeal).
  • Representation of several manufacturers to obtain insurance coverage for nationwide claims alleging asbestos bodily injury.
  • Representation of corporations to obtain insurance coverage for governmental claims, including SEC and EEOC investigations and settlements.
  • Representation of policyholders to obtain coverage for environmental pollution liabilities, including appeal leading to ground-breaking California Supreme Court ruling on pollution exclusion interpretation.
  • Successfully defended D&O policyholders against insurance company attempts to rescind insurance policies on the basis of alleged policyholder misrepresentations.

Mr. Malone also possesses extensive commercial litigation experience, including arbitration and alternative dispute resolution relating to a variety of tort, contract, and regulatory disputes.  While attending the Fordham University School of Law, Mr. Malone was a member of the Fordham Moot Court Board and garnered several awards for both oral argument and brief writing skills at various inter- and intra-school competitions.  He also spent three years teaching a first-year Legal Writing course as an adjunct professor of law at Fordham.

Publications

"Data Security: Tips and Red Flags When Buying Cyber Insurance," Advisen (January 21, 2014) and Enforce: The Insurance Policy Enforcement Journal, Volume II, Issue I (2013) (with Joshua Gold)

"Buying Cyber Insurance Protection in a Fast-Evolving Market," FC&S Legal: Insurance Coverage Law Report (July 2013) (with Joshua Gold)

"Annual Survey of Developments in Insurance Coverage Law," Connecticut Bar Journal, Vol. 87, No. 2 (June 2013) (with Edward J. Stein and Anna M. Piazza)

"Welcome To The Land Of Liability:  An Insurance Recovery Primer For Non-U.S. Businesses With U.S. Operations," The Metropolitan Corporate Counsel, Volume 20, No. 10 (October 2012) (with William G. Passannante)

"Advertising-Injury Coverage for Trade Dress, Slogans," ABA Section of Litigation: Insurance Coverage Committee (June 28, 2012)

"Stranger in a Strange Land," Interleges (Spring 2012), IBA’s Insurance Law Committee Newsletter (May 2012) (p. 7), Italy-America Chamber of Commerce (January 2012) and The John Liner Review, Vol. 25, No. 3 (Fall 2011) (with William G. Passannante)

"When Interpreting Insurance Policy Provisions, 'The Devil is in the Details,'" The John Liner Review, Vol. 25, No. 3 (Fall 2011) (with R. Mark Keenan)

"How the 'Other Coverages' Exclusion Can Cost You Millions," Risk Management Magazine (September 2011) (with Robert M. Horkovich)

"Don't Get Locked Out - How to Score Insurance Coverage For Trademark Infringement Claims," Corporate Counsel (July 2011) (with A. Marcello Antonucci)

"Beware: An Exclusion That Can Cost You Millions In Coverage - Even When Claims Are Being Paid," Corporate Counsel (March 2011), Insurance Law360 (February 25, 2011) and AKO Policyholder Advisor (January/February 2011) (with Cassandre C. Théano)

"Should I Change D&O Carriers?," Risk Management Magazine (April 2009) (with Jane A. Horne)

"The 5 Concerns When Switching Insurance Companies," Risk & Insurance Magazine (January 20, 2009)

"Thinking About Switching Insurance Companies?  Five Questions to Ask Before You Do," Corporate Counsel (December 2008) and AKO Policyholder Advisor (November/December 2008)

"Avoid The Insurance Company 'Forum Shopping-Spree' - Policyholders Can Protect Themselves From Litigating In The Wrong Jurisdiction," Corporate Counsel (September 2007) (with William G. Passannante)

"Does Your D&O Policy Cover What It Says It Covers?," AKO Policyholder Advisor (July/August 2007) and riskVue (September 2007) (with Toby Freund)

"Steps to Getting Key Person Claims Paid," Risk Management Magazine (February 2006) (with Alvin Block and R. Mark Keenan)

"D&O Insurance: Don't Let Insurance Companies Stop Payment of Defense Costs," riskVue (May 2004) (with R. Mark Keenan) and Executive Insurance Alert (Winter 2003/2004) (with R. Mark Keenan) and Corporate Counsel (February 2004)

Speaking Engagements

"Important NY Court of Appeals 2013 Decisions," Westchester-Fairfield CPCU CLE Seminar, Stamford, CT (November 20, 2013)

"Asbestos/Manufacturing: Key Insurance Issues Impacting Asbestos Coverage," Industry Breakout Sessions: Important Issues Affecting Key Industries, 17th Annual Policyholder Advisor Conference, New York, NY (October 17, 2013) (with Robert M. Horkovich and Robert Y. Chung)

“Asbestos/Manufacturing:  Recent Trends and Decisions in Litigation
Involving Asbestos and Other Long Tail Liabilities,” Industry Breakout Sessions: Important Issues Affecting Key Industries, 16th Annual Policyholder Advisor Conference, New York, NY (October 25, 2012) (with Robert M. Horkovich and Robert Y. Chung)

"Writing on the Side: Attorneys as Fiction Writers," New York City Bar Association, New York, NY (May 17, 2012)

"How to Evaluate and Settle An Insurance Claim," CT RIMS Chapter, West Hartford, CT (March 21, 2012) (with Edward J. Stein)

"Ultrafine Print:  How to Read an Insurance Policy," 2009 PERK Risk and Insurance Management Society New Jersey Chapter, NJ (November 10, 2009) (with Steven J. Pudell)

"Five Questions to Ask Before Switching Insurance Companies," (with David E. Wood), 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009)

"Five Questions to Ask Before Switching Insurance Companies," (with David E. Wood), RIMS 2009 National Conference & Exhibition, Orlando, FL (April 22, 2009)

"Understanding Key E&O, D&O and Fiduciary Liability Insurance Issues," (with William G. Passannante), Delaware Valley RIMS Chapter (April 14, 2009)

"Insurance Archeology & Reconstruction," (with William G. Passannante), Kansas City RIMS Chapter (February 22, 2006)

Press

Mr. Malone has been quoted or cited in the press.  The following is a representative sampling:

"Risk Managers Addressing Threat of Insurer Solvency," Business Insurance Magazine (May 4, 2009)

"Be Cautious When Choosing New Insurers, Experts Say," Business Insurance Magazine (May 4, 2009)

"Look Before You Jump From AIG, Attorney Warns," National Underwriter Property & Casualty (November 10, 2008)

Bar Admissions

New York; Connecticut; United States District Court for the Southern and Eastern Districts of New York; and Appeals Court for the Sixth Circuit

Professional Memberships

Federal Bar Council; American Bar Association, Advertising Injury Subcommittee of the Insurance Coverage Litigation Committee, co-chair; New York State Bar Association; Connecticut Bar Association 

Education

Fordham University School of Law, J.D.
Brown University, B.A.



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