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Robert M.
Horkovich is "the 'go-to person' in the area of
insurance recovery" reports the Chambers USA. Bob is a top
ranked lawyer nationally, previously recognized by Chambers USA:
America’s Leading Lawyers for Business as "the first and
only choice for clients seeking total commitment to a case."
"If you need somebody to take hold of things and gain
control of the situation, he’s your guy."
Chambers USA 2011 ranked Bob all alone in the top tier of
policyholder lawyers in Insurance (Policyholder) in NY. Chambers reported that Bob is regarded by his
clients as “one of the finest coverage trial lawyers in the
country.” In 2009, Lexis/Nexis named Bob as its
"Policyholder Lawyer of the Year."
Bob has obtained over $5 billion in settlements and
judgments from insurance companies for his clients over the
past decade. Bob is a trial lawyer with substantial
experience in trying complex insurance coverage actions on
behalf of corporate policyholders. His victories include
one of the top 10 jury verdicts in the United States in
2003, the top insurance recovery jury verdict in the United
States in 2005, seven landmark state Supreme Court decisions,
eight jury verdicts and eight bench trial decisions in favor
of the policyholder since 1994 including:
-
United Nations:
Engaged on several significant projects by the United
Nations as its general insurance counsel.
-
State of California: Selected by
the State of California as lead trial counsel. Won jury
verdict securing coverage for the Stringfellow Acid
Pits, described as the most complex environmental
clean-up in the world. To date, the State has recovered
settlements of $130 million in indemnity plus $54 million in
defense. Helped win two Supreme Court victories
(below).
-
Fuller-Austin. Won jury verdict of
$188,793,014 against Lloyd's and other insurance
companies in an asbestos insurance coverage case (one of
the top 10 verdicts in the U.S. in 2003), presently on
remand. Gross settlements of over $190 million from 14
different insurance companies before trial.
-
Weyerhaeuser. Two Washington
Supreme Court decisions recognizing joint and several
liability of multiple insurance companies on the risk
over time and recognizing coverage for environmental
clean-ups even without a government lawsuit. Two jury
trial victories recognizing coverage for the clean-up of
six environmental sites.
-
Textron. Two Rhode Island Supreme
Court decisions regarding coverage for unintentional
environmental contamination despite the pollution
exclusion and recognizing the trigger of multiple years
of coverage for property damage over time.
-
AT&T. Lead attorney against CNA in
the successful resolution of AT&T's environmental
insurance coverage litigation for a $300 million site in
Pennsylvania.
Bob has represented
General Electric, Thiokol, Waste Management, Clorox (First
Brands), Saks Fifth Avenue, NYU,
Princeton University, United Bank, Spalding, Cascade,
Tektronix, Maidenform, Bijan and Evander Holyfield.
As to asbestos insurance recoveries, Bob represents the
Trusts in the Owens Corning, Congoleum, Fuller-Austin and Swan
Transportation (Tyler Pipe) cases, the Debtor in the Asarco
case, and the Asbestos Claimants'
Committee in the Federal Mogul, PPG/Pittsburgh Corning, A.P.
Green, and W.R. Grace bankruptcies.
Mr. Horkovich was selected by his peers for
inclusion in
Best Lawyers
for insurance law since 2009 and
Super Lawyers
for insurance since 2006.
Mr. Horkovich
has been rated "AV® Preeminent™ Peer Review Rated," the top
rating, by his peers as listed in Martindale Hubbell for
more than a decade.1
He has been selected as a Fellow of the American Bar
Foundation, the premier institute for social science
research regarding law in the USA, an honor limited to one-third of
one percent of the lawyers in America.
Insurance Coverage Trials
State of California v. Underwriters at Lloyds, et al.,
No. 239784 (May 16, 2005). 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. Jury
found all five (5) remaining insurance companies breached
their contracts and rejected every coverage defense.
The State recovered settlements of $130 million
in indemnity plus $54 million in defense.
Fuller-Austin Insulation Co. v. Fireman’s Fund Insurance
Co., et al., No. BC116835 (Los Angeles Superior Court)
(May 5, 2003). Jury verdict of $188,793,014 in favor of
policyholder against Lloyd’s, Stonewall Insurance Company
and Highlands Insurance Company in an asbestos insurance
coverage case (one of the top 10 jury verdicts in the U.S.
in 2003). Affirmed in part and reversed in part on appeal.
Two previous bench trials. Gross
settlements of over $190 million from 14 different insurance
companies achieved before trial. Over $50 million in
settlements achieved so far after trial.
Wausau v. Tektronix, CCV 9908032 (Clackamas County,
Oregon). (June - August 2002). Jury verdict
and declaratory judgment in favor of coverage at six
environmental sites despite Wausau’s claim that alleged 15
year late notice was worst in Wausau's history; also won
attorneys' fees. Bench trial regarding coverage for
RCRA - rather than CERCLA - clean-up.
Waste Management, Inc. v. Admiral Insurance Co., et al.,
Docket No. HUD-L-931-92. (New Jersey Superior Court, Hudson
County). (October 2001 - January 2002). Won
trial of insurance
coverage for environmental liability at five New Jersey
sites. All but a few insurance companies settled before or
during trial.
Pereira, Trustee of Payroll Express v. Marshall &
Sterling, Inc., No. 92-B-43150 (CB)/98-8405A. (U.S.
Bankruptcy Court, Southern District of New York).
(January - May 2002). 2005 WL 2438444. Tried and won an
insurance broker malpractice action resulting in a judgment
in excess of $21.8 million in bankruptcy court. District
Court reversed - case was settled.
Weyerhaeuser Co. v. Commercial Union Ins. Co., No.
92-2-05214-8 SEA. (March 2002). Bench trial resulting in
decision in favor of coverage at Commencement Bay; also won
attorneys' fees.
ZRZ Realty Company, et al. v. Beneficial Fire & Casualty
Company, et al., Circuit Court No. 9708-06226. (Oregon
Superior Court, Multnomah County). (October - December
1999). Won trial establishing defense obligation and declaratory
judgment to pay future environmental clean-up costs; also
won attorneys' fees. All but Lloyd's settled before or
during trial.
Bijan Designer for Men, Inc. v. Fireman’s Fund Insurance
Co., No. 603814/97. (New York Supreme Court, New York
County). (December 1999). $9 million jury verdict in favor
of policyholder on insurance claim arising out of the St.
Regis Hotel fire.
Cascade Corp. v. American Home Assur. Co., et al.,
No. 9205-03083. (Oregon Superior Court, Multnomah County).
(July - October 1998). Won trial establishing Lloyd's missing
policies, jury declared $11 million in environmental
clean-up costs covered; declaratory judgment to pay certain
future environmental clean-up costs; also won attorneys'
fees. All but Lloyd's and Employers Re settled before
trial. Affirmed by Court of Appeals on appeal.
Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al.,
No. 92-2-05214-8 (MJP) (Civil Track I). (Washington
Superior Court, King County). (June 1997). Commercial
Union offered $4 million judgment against itself the day
before a 10 environmental site trial.
McLean v. Continental Casualty Co., 95 Civ. 10415 (HB).
(U.S. District Court, Southern District of New York).
(1997). Won jury verdict and judgment for full policy
limits in travel accident life insurance case; also won
attorneys' fees.
Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al.,
No. 92-2-05214-8 (MJP) (Civil Track I). (Washington
Superior Court, King County). (April 1996). Jury
recognized coverage for five of seven Washington
environmental sites; also won attorneys' fees.
Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al.,
No. 92-2-05214-8 (MJP) (Civil Track I). (Washington Superior
Court, King County). (October 1994). Jury found coverage
for Mid-State Superfund site; also won attorneys' fees. 33
out of 34 insurance companies settled before trial.
Reported Appellate Cases
State of California v. Continental Ins. Co. (2012), 55
Cal.4th 186. Won landmark decision from California
Supreme Court establishing that policyholders are entitled
to the entire limits (all sums) of their insurance policies
instead of some reduced pro-rata share and that
policyholders are entitled to the benefits of policies for
all years (stack), not just a single year, in which the loss
occurred.
State of California v. Allstate Ins. Co. (2009) 45
Cal.4th 1008. Won landmark decision from California
Supreme Court establishing that policyholders are entitled
to coverage for whole loss when there are both covered and
uncovered causes unless the insurance company can bear its
burden to prove the exact amount of the loss attributed to
the uncovered cause. Also won decision that the
polluter's exclusion applied to the discharge from, and not
into, the contaminant facility, which significantly narrowed
the application of the polluter's exclusion.
Cascade Corp. v. American Home, et al., 135 P.3d 450,
206 Or. App. 1 (Or. Ct. App. 2006) (excess insurance
companies are jointly & severally liable under all sums
policy language, no proration to policyholder, and no
off-sets for settlements or "other insurance" clauses).
Chickasha Cotton Oil Co. v. Houston General Ins. Co., et
al., 2002 WL 1792467 (Tex. App. – Dallas) (2002)
(pollution exclusion does not apply to coverage for personal
injury, alleged misconduct by insurance companies gives rise
to bad-faith and unfair settlement practice claims, the
terms of missing policies may be proven by secondary
evidence and mandatory insurance forms filed with state
insurance departments or specimen policies from the
insurance company).
Weyerhaeuser Co. v. Commercial Union Ins. Co., 142
Wn.2d 654, 15 P.3d 115 (2000) (argued and briefed winning
case recognizing (1) no general aggregate limit in standard
form policies for claims other than products claims, (2)
non-settling insurance company bears burden of showing that
the policyholder was made whole, and (3) policyholder
entitled to coverage even though policyholder had no
relation to property during policy period).
Textron Inc. v. Aetna Cas. & Sur. Co., 754 A.2d
742 (RI 2000) (briefed winning case recognizing that the
word "sudden" in the polluter's exclusion can mean
unexpected and that policyholders' good faith effort to
contain toxic waste is covered).
Textron Inc. v. Aetna Cas. & Sur. Co., 723 A.2d
1138 (RI 1999) (briefed winning case regarding trigger of
coverage).
American Nat. Fire Ins. Co. v. B & L Trucking & Const.
Co., 134 Wn.2d 413, 951 P.2d 250 (1998) (amicus
curiae) (briefed winning case).
Thiokol Corp. v. Certain Underwriters at Lloyd’s, London,
1997 U.S. Dist. LEXIS 8264, 1997 WL 33798359, No.
96-CV-028-B (D. Utah May 6, 1997) (briefed winning federal
district court case mandating trial despite arbitration
clause) (also prevailed procedurally at 10th
Circuit).
Olds-Olympic, Inc. v. Commercial Union Ins. Co., 129
Wn.2d 464, 918 P.2d 923 (1996) (amicus curiae)
(briefed winning case).
Continental Cas. Co. v. Diversified Indus. and AT&T
Nassau Metals Corp., 884 F.Supp. 937 (E.D. Pa. 1995)
(argued and briefed winning federal district court case
setting out right to assign an insurance claim).
Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., 123
Wn.2d 891, 874 P.2d 142 (1994) (argued and briefed winning
case recognizing that liability policies cover environmental
liabilities even when policyholder performed environmental
clean-up cooperatively without suit).
City of Edgerton v. General Cas. Co., 184 Wis.2d 750,
517 N.W.2d 463, 48 A.L.R. 5th 803 (1994) and 172
Wis.2d 518, 493 N.W.2d 768 (Ct. App. 1992) (amicus curiae
Wisconsin Public Intervenor, Wisconsin Environmental Decade)
(briefed winning case).
People v. Peck, 68 N.Y.2d 928, 502 N.E.2d 991, 510
N.Y.S.2d 76 (1986) (argued and briefed winning case
including constitutional issue of first impression for New
York).
Expert Testimony
Identified as an expert witness by Chubb regarding bad
faith claims handling practices of AIG/Chartis in Federal
Insurance Company v. Cherokee Ardell, L.L.C., International
Risk Group, L.L.C., and American International Specialty
Lines Insurance Company (D.N.J.).
Opinion solicited in a case presented to the Korean Supreme
Court in Oriental Fire & Marine Ins. Co., Ltd. v. Daehan
Fire & Marine Ins. Co., Ltd. regarding fidelity bond
coverage under US insurance forms.
Recognized as an expert by the Court and by CNA in APA-The Engineered Wood Association v. CNA, No.
96-2-08391-2 (Pierce County, Washington) (Court credited his
expert testimony in awarding policyholder full recovery plus
attorneys' fees).
Identified as an expert regarding insurance company
practices in Browning-Ferris Industries, Inc., et al. v.
Certain Industries at Lloyd's London, et al., No.
98-56362-A (80th Judicial Dist., Harris County,
Texas).
Regulatory Drafting
Participated in the drafting of the environmental
insurance coverage regulations for the State of Washington,
Washington Administrative Code 284-30-920. This was the
first set of insurance regulations adopted in the country
specifically dealing with the handling of environmental
claims. Interviewed on PBS "All Things Considered," July
1995.
Publications – Books
Co Editor: "The Policyholder Advisor," Juris Publishing, December
2002.
Book Chapter: "Site
Pollution Liability Insurance," Environmental
Liability and Insurance Recovery (American Bar Association: Tort Trial & Insurance Practice
Section,
May 2012) (with Rene F. Hertzog and Peter A. Halprin)
American Management Association Year 2000 Legal Liability,
Legislation and Litigation Deskbook for Lawyers and
Managers.
Publications - Articles
"Preventing
Insurance Companies from Wrongfully Denying Storm-Related
Claims," Risk Management magazine (April 2013)
(with Rhonda D. Orin)
"Challenging
Unfavorable Arbitration Clauses," Risk Management
Magazine (February 5, 2013) (with Alexander D. Hardiman)
"All Sums, All
Policies: Full Coverage Recognized for 'Long Tail' Claims
Under California Law,"
Risk Management magazine
(November 26, 2012) and
AKO Policyholder Advisor,
Volume 21, Number 5 (September/October 2012) (with Edward J.
Stein)
"The
D&O Flashpoints for Libor-Related Insurance Claims,"
Risk Management Magazine (September 2012) (with
Alexander D. Hardiman)
"Current
Trends in Site-Specific Environmental Coverage," AKO
Policyholder Advisor (May/June 2012) (with Rene F.
Hertzog and Peter A. Halprin)
"10
Tips for Getting Claims Paid," Advisen
(September 11, 2012),
Risk Management
Magazine (June 2012) and
The National Law Review (June 2012)
"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 Alexander
D. Hardiman)
"Settlements
with Underlying Insurance Companies Discouraged by Some
Courts," AKO Policyholder Advisor (February 2012)
(with Robert Y. Chung)
"More
Courts Discouraging Policyholder Settlements in Excess
Claims Cases," Risk Management Magazine (February
2012) (with Robert Y. Chung)
"Buying
the Right Employment Practices Liability Insurance Policy,"
Risk Management Magazine (November 2011) (with Darin
J. McMullen)
"How
the 'Other Coverages' Exclusion Can Cost You Millions,"
Risk Management Magazine (September 2011) (with Cort
T. Malone)
"Declining
Asset Values and Fidelity Insurance Coverage," Risk
Management Magazine (June 2011) (with Edward J. Stein
and Peter A. Halprin)
"Climate
Change and the Duty to Defend," Risk Management
Magazine (March 2011) (with John G. Nevius)
"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 Finley Harckham)
"Maximizing
Recovery On Product Liability Insurance Claims,"
Risk Management Magazine
(December 2010) (with Alex Hardiman)
"Ten
Tips for Mitigating Risk in Construction Projects,"
Risk Management Magazine (October 2010) and
The National Law Review (October 2010) (with Kevin
J. Connolly)
"Insurance
Coverage for the Gulf Coast Oil Spill Losses,"
Risk Management Magazine (June 2010) and
AKO
Policyholder Alert (May 2010) (with John G. Nevius and
Marshall Gilinsky)
"Improve
Your Policy Wording During Soft Markets," Risk
Management Magazine (March 10, 2010) (with Marshall
Gilinsky)
"Clause
reflects Katrina," Interview, Business Insurance
(November 22, 2009)
"New
Laws, New Liabilities," Risk Management Magazine
(December 2009) (with Mark Garbowski)
"Mind
the Gap," Risk Management Magazine (October 2009)
(with Kevin J. Connolly)
"How
to Choose a Domicile," Risk Management Magazine
(July/August 2009) (with Phillip England)
"Brands At Risk," Risk Management Magazine
(May
2009) (with Diana S. Gliedman and Kanishka Agarwala)
"Captive
Confusion," Risk Management Magazine
(March 2009)
(with Phillip England and Randall Beckie).
"Coverage for Subprime Lawsuits," Risk Management
Magazine (December 2008)
"Historic Insurance Assets," Risk Management Magazine
(October 2008)
"Rent-a-Captive
Taxes Demystified,"
Risk Management Magazine (August 2008)
"Insurance Recoveries for World Trade Center Asbestos
Losses," Interview, NY Japion (June 22-28, 2007)
"No Time Like The Present: Current Insurance For Future
Costs And Claims," Corporate Counsel (January 2003)
"No Time Like The Present: Insurance Coverage For Present
Liabilities Including Future Damages," Corporate Legal
Times (December 2002)
"Courts Affirm Recovery of Future Claims Now," Business
Insurance (July 29, 2002)
"No Time Like The Present: Current Insurance Recoveries For
Liabilities That Include Future Costs And Claims," Executive
Insurance Alert (Summer 2002)
"No Time Like The Present: Current Insurance Recoveries For
Present Liabilities That Include Future Costs And Claims,"
Policyholder Advisor, Volume 11, Number 4 (July 2002)
"Insurance Coverage For Power Interruptions -- In California
and Elsewhere," Corporate Legal Times (March 2001)
"Insurance Coverage for Employee Theft Losses: A
Policyholder’s Primer For Recovery From Fraud Losses";
University of Memphis Law Review, Vol. 29, No. 2 (Winter
1999)
"Insurance Coverage for Intellectual Property Liabilities
Under the 'Advertising Injury' Coverage Provision In
Liability Insurance Policies," PLI’s Fifth Annual Institute
for Intellectual Property Law (1999)
"Financial Institution Bonds or Fidelity Bonds: Recovering
From Fraud Losses," U.S. Insurance Report
(Spring/Summer 1998)
"Infringement Insurance," Intellectual Property Worldwide
(March/April 1999)
"Potential Liability Coverage for Wrongful Extraction
Claims," Mining Lawyers Conference (September 1997)
"Financial Institution Bonds or Fidelity Bonds: Recovery
from Fraud Losses," Bank Fraud, Vol. 11, No. 2 (March
1996)
"Maximizing the Benefits of Your Environmental Insurance
Coverage," Eastern Mineral Law Foundation (1996)
"Easing Environmental Liability Insurance Coverage Claims,"
Journal of Environmental Law & Practices (June 1995)
"Intellectual Property Insurance under the 'Advertising
Injury' Coverage Provision in Liability Insurance Policies,"
Copyright World (April 1995)
"Why Stonewalling Pollution Issues Fails," Insurance
Journal (February 6, 1995)
"Insured Agreement Environmental Liabilities," Recycling
Today (May 15, 1992)
"The Reel Issue," Real Estate Environmental Liability News
(March 10, 1995)
"Why Insurance Companies Say No," New York Times Sunday
Business Section, at F13, Sunday (May 2, 1992)
"Heads We Win; Tails You Lose: Insurance Companies
Shortchange Policyholders on Advertising and Personal
Injury," Practicing Law Institute (May, 1992)
"The Confrontation in the Electoral Forum Between Compelled
Disclosure and Freedom of Association," Fordham Urban L.J.,
Vol. VI, No. 3, Spring 1978, reprinted in Practicing Law
Institute, Election Law (1979)
Speeches
"Insurance Coverage Issues Related to Natural Catastrophes,"
Society of Risk Management Consultants Spring Conference,
Indianapolis, IN (April 19, 2013)
“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 Cort T.
Malone and Robert Y. Chung)
"Helping CFOs/CEOs with M&A Due Diligence," 16th Annual
Policyholder Advisor Conference, New York, NY (October 25,
2012) (with Diana Shafter-Gliedman)
“Insurance All Sums with Stacking: An Examination of the
California Supreme Court’s Stringfellow Coverage Decision,”
West LegalEdcenter and HB Litigation Conferences, Live
Webinar, New York, NY (October 24, 2012)
"State of California v. Continental: Summing Up Its
Impact! - An Analysis of the Holding and Implications of the
California Supreme Court's Groundbreaking Decision," The Bar
Association of San Francisco CLE Conference, San Francisco,
CA (October 10, 2012)
"All-Sums-With-Stacking Rule: Landmark Stringfellow
Decision: Analyzing the Impact of the California Supreme
Court's Ruling on Trigger of Coverage, Stacking of Limits,
and Allocation of Loss," Strafford Publications CLE Webinar,
New York, NY (September 12, 2012)
"Lightning Round of Mock Oral Arguments," HB Litigation All
Sums, Reallocation, and Settlement Credits Conference, New
York, NY (May 10, 2012)
"Allocation of Liability for Continuous Damage Losses: All
Sums v. Pro Rata," Strafford Publications CLE Webinar, New
York, NY (April 18, 2012)
"Environmental Insurance Coverage: Latest Developments -
Identifying Coverage in Existing Policies, Navigating
Pollution and Owned Property Exclusions, and Determining
Scope of Damages," Legal Webinar Group of Strafford
Publications, New York, NY (December 8, 2011)
“Asbestos/Manufacturing,” Industry Breakout Sessions:
Important Issues Affecting Key Industries, 15th
Annual Policyholder Advisor Conference, New York, NY
(October 13, 2011) (with Robert Y. Chung)
Strafford Publications CLE Webinar, "Insurance Allocation in
Continuous Damage Claims: Developments Since the
Stringfellow and Boston Gas Rulings - Strategies for
Policyholders and Insurers to Allocate Indemnity and
Expenses," New York, NY (June 9, 2011)
2011
ABA/TIPS Spring Meeting, “Chinese Drywall Insurance Coverage
Issues,” Amelia Island, FL (May 20, 2011)
HB Litigation Conferences Audiocast, "'All Sums' Versus Pro
Rata Allocation, Terminology, and a Look Ahead," New York,
NY (May 18, 2011)
Asbestos Bankruptcy Current Trends and Future Outlook
Conference, "Changing Politics of Asbestos Bankruptcies,"
New York, NY (October 6, 2010)
Strafford Teleconference/Webinar, "Bad Faith in the Investigation of Insurance Claims: Strategies for Pursuing and Defending Allegations of
Insurer Misconduct," New York, NY (July 29, 2010)
Chinese Drywall Litigation and Coverage Conference presented
by HB Litigation Conferences, "On the Rise Coverage Cases and
the Claims Asserted," New Orleans, LA (May 18, 2010)
Chair of
ACI's 11th Annual Asbestos Claims Conference, "Evolving
Trends and New and Changing Theories of Liability: 'Mixed
Dust' Cases and Other Current Theories," Philadelphia, PA
(May 18, 2010)
Orange County RIMS Chapter, "Claims Handling - How to Get
Claims Paid During Difficult Economic Times," Orange, CA
(May 4, 2010) (with David A. Shaneyfelt)
HB Litigation Teleconference: Chinese Drywall Litigation &
Insurance Coverage Update, "Important Coverage
Considerations For Chinese Drywall Claims," New York, NY
(February 16, 2010)
HB Litigation Conferences: Chinese Drywall Litigation &
Insurance Coverage Update, "Important Coverage
Considerations for Chinese Drywall Claims," New Orleans, LA
(November 11, 2009)
All Sums, Reallocation & Settlement Credits HB Litigation
Conference, "Adopting an All Sums or Pro Rata Approach -
Mock Oral Argument on Summary Judgment Motion,"
Philadelphia, PA (October 21, 2009)
Strafford Teleconference/Webinar, "All Sums v. Pro Rata:
Allocating Damages in Insurance Claims -- Indemnification
Strategies in Continuing Property Damage and Personal Injury
Claims" (September 29, 2009)
RIMS Western Regional Conference, "D&O and Outcome of the
Financial Crisis," Seattle, WA (September 25, 2009)
(with David E. Wood)
"Asbestos/Manufacturing," Industry Breakout Sessions:
Important Issues Affecting Key Industries, 12th Annual
Policyholder Advisor Conference, New York, NY (September 17,
2009) (with Michael Conley and Robert Y. Chung)
"Insurance Recoveries in a Climate of Increased
Environmental Enforcement," 12th Annual Policyholder Advisor
Conference, New York, NY (September 17, 2009) (with John G. Nevius and Steven
J. Pudell)
Strafford Publications Teleconference, "Bad Faith in
Insurance Claims: Strategies for Prosecuting and
Defending Against Claims of Insurer Misconduct" (July
15, 2009)
American Conference Institute's 10th National Advanced
Forum, "Litigating and Managing Asbestos Claims: Insurance
and Claims Management," Philadelphia, PA (June 23-24,
2009)
Risk and Insurance Management Society 2009 National
Educational Workshop, "Contractual Risk Transfer," Los
Angeles, CA (June 4-5, 2009) (with Pamela D. Hans)
Strafford Publications Teleconference, "D&O and E&O
Insurance Claims in the Economic Downturn" (June 4,
2009)
Risk and Insurance Management Society 2009 National Conference & Exhibition, "Insurance
Coverage for Subprime Mortgage Lawsuits," Orlando, FL
(April 22, 2009)
AAPA Port Administration and Legal Issues Seminar,
"Plenary Session: Environmental Issues Facing Ports -
Navigation and Dredging Issues," Baltimore, MD (April
16, 2009)
AAPA Port Administration and Legal Issues Seminar,
"Plenary Session: Closing the Deal on Property and
Business Interruption Claims in the Wake of a Catastrophe,"
Baltimore, MD (April 15, 2009)
HB Litigation Conferences, "Emerging Trends in Asbestos
Litigation," Beverly Hills, CA
(March 11, 2009)
Strafford Publications Teleconference, "California's
Landmark Insurance Ruling in the Stringfellow Litigation:
Indemnification Strategies in Continuing Property Damage and
Personal Injury Claims" (March 4, 2009)
Society of Risk Management Consultants, "The Role of The
Risk Management Consultant in Mergers and Acquisitions,"
Vancouver, BC (October 16, 2008)
11th Annual Policyholder Advisor Conference, "Helping CFOs/CEOs with M&A Due Diligence"
(with Kevin Connolly), New York, NY (September 18, 2008)
11th Annual Policyholder Advisor Conference, "Asbestos/Manufacturing"
New York, NY (September 18, 2008) (with Michael J. Conley)
Strafford Publications Teleconference, "Insurance Issues
In M&A Due Diligence" (September 2, 2008)
BVR Legal/Mealey's Asbestos Teleconference, "Bankruptcy
Trust Updates, Claims Filing Crib Sheet, and New Carrier
Strategies" (July 30, 2008)
Strafford Publications Teleconference, "Bad Faith
Insurance Claims; Strategies for Prosecuting and Defending
Against Claims of Insurer Misconduct" (June 11, 2008)
American Conference Institute: Asbestos Claims,
"Considerations When Confronting Asbestos Bankruptcies"
(May 15, 2008)
Risk and Insurance Management Society, “Helping CFOs/CEOs
with M&A Due Diligence” (May 1, 2008)
Risk and Insurance Management Society, “Ethics in Claims
Management” (April 28, 2008)
Presentation to the United Nations Chief Procurement
Officers, "Standby Letters of Credit/Independent Bank
Guarantees" (February 29, 2008)
Mealey's Asbestos Bankruptcy Conference, "Down The Road:
Likely Trends" (December 14, 2007)
Mealey's National Asbestos Litigation Superconference,
"Emerging Trends in Asbestos Coverage Litigation"
(September 26-28, 2007)
10th Annual Policyholder Advisor Conference,
"Asbestos/Manufacturing - Insurance Coverage for Asbestos
Property Damage Liability" (September 18, 2007)
Risk and Insurance Management Society-Sacrament Chapter,
"How to Evaluate and Settle an Insurance Claim"
(September 11, 2007)
NBC Interview; (WNBC) "Insurance Coverage For Business
Interruption Losses in the Frozen Zone" (July 20, 2007)
American Conference Institute: Asbestos Claims, "Bankruptcy:
Insurance Company Rights and Obligations" (June 21-22,
2007)
Mealey's Asbestos Bankruptcy Conference, "Current Insurance
Issues in Asbestos Bankruptcy" (June 7, 2007)
Mealey's Wall Street Teleconference: Asbestos, "Doing Your
Due Diligence: Evaluating the Current & Future Liability of
Companies With Asbestos Liability" (March 27, 2007)
AAPA Port Administration and Legal Issues Seminar, "Using
Already Purchased Insurance Policies to Cover Environmental
Liabilities" (February 13, 2007)
Mealey's Asbestos Conference: The New Face of Asbestos
Litigation, "Emerging Issues in Asbestos Coverage
Litigation" (February 8, 2007)
Strafford Publications Teleconference, "The State of the
Law And Successful Strategies Relating to Bad Faith
Insurance Claims" (January 30, 2007)
Society of Risk Management Consultants, "How To Be A Better
Expert Witness" (October 19, 2006)
Mealey’s Bad Faith Litigation Conference, "So You Think You
Have A Bad Faith Case?" (September 21, 2006)
9th Annual Policyholder Advisor Conference,
"Asbestos/Manufacturing – Recent Developments/Hot Topics"
(September 15, 2006)
American Conference Institute, "Litigating, Settling and
Managing Asbestos Claims" (June 16, 2006)
Mealey’s Asbestos Bankruptcy Conference, "How To Effectively
Use 524(g) To Resolve Asbestos Liability" (June 9,
2006)
American Bar Association, Navigating The Insurance
Litigation Dispute Through Stormy Seas, "A Complex Insurance
Coverage Trial Primer" (February 17, 2006)
Mealey's Fundamentals of Insurance Coverage, "The Insurance
Coverage Trial – Components of a Successful Case"
(February 14, 2006)
Mealey's Wall Street Forum: Asbestos, "Evaluating the Gap
Between Asbestos Liabilities and Coverage in Mergers and
Bankruptcies" (February 9, 2006)
8th Annual Policyholder Advisor Conference,
"Exclusions/Causation Regarding Katrina/Rita Losses"
(December 13, 2005)
National Public Radio Interview; (KUHF) "Hurricanes
Katrina/Rita: Maximizing Your Insurance Recovery"
(November 11, 2005)
"Katrina/Rita Damages: Recouping Your Losses With An
Aggressive Insurance Recovery Program" (November 9,
2005)
Hurricane Insurance Recovery Conference, "Pollution,
Contamination and Mold Exclusions and Causation"
(November 9, 2005)
American Conference Institute, "Insurance Company Standing
in Asbestos Bankruptcies" (April 5-6, 2005)
American Conference Institute, "5th National
Forum on Asbestos Litigation" (February 16, 2005)
Mealey's Asbestos Bankruptcy Conference, "Insurance Company
Standing in Asbestos Bankruptcies" (December 6-7, 2004)
2004 Intellectual Property Summit, "Insurance Issues and
Risk Planning" (December 2, 2004)
LexisNexis Wall Street Forum: Asbestos, "Evaluating the Gap
Between Asbestos Liabilities and Coverage in Mergers and
Bankruptcies" (April 20, 2004)
Insurance Issues Confronting Larger Financial Institutions,
Manufacturers and Service Providers: The Plaintiff's
Attorney’s Viewpoint, "Unraveling the Mystery of Insurance
Coverage for Employee Dishonesty" (November 20, 2003)
Westchester Community College, CPCU Chapter (November 20,
2003)
National Association of Public Insurance Adjusters Napia/Mapia
Insurance Seminar, "How to Use Bad Faith Effectively as
Leverage" (September 19, 2003)
Euro Legal- London: Asbestos Claims & Litigation, "Insurance
Recoveries for Present Liabilities and Future Payments"
(April 29, 2003)
Mealey's Advanced Insurance Coverage Conference: Top 10
Issues for Practitioners, "Bankruptcy: The Insurance
Implications" (January 16-17, 2003)
Risk and Insurance Management Society National Conventions
(1990-2003)
Computer Law Association, Cyberspace Camp, "Insurance
Coverage: High Technology Issues" (1998-2002)
"No Time Like the Present: Present Insurance Recoveries For
Pending and Future Asbestos Claims" (December 2002)
Brownfields 2002, "Fool Proof or Fool’s Gold? All This and
Heaven Too" (November 13-15, 2002)
American Conference Institute, "Impact of London Market’s
Document Requirements" (October 8, 2002)
Yale University Club, Fourth Annual Policyholder Advisor
Conference, Chair of Conference, Speaker, "Insurance
Coverage for Asbestos Liabilities" (September 27, 2002)
American Conference Institute, Co-Chair of Conference,
"Business Interruption Claims After September 11th"
(March 11-12, 2002)
American Conference Institute: Business Interruption
Insurance, "The Terrorism Claims: Looking Back and Looking
Forward" (March 11-12, 2002)
American Bar Association, "Litigating Insurance Coverage
Disputes in Bankruptcy" (March 2, 2002)
American Management Association – Policyholder Advisor
Conference, "Untapped Insurance for Asbestos Liabilities"
(February 7, 2002)
"Insurance Coverage: High-Technology Issues"
(February 2, 2002)
Risk and Insurance Management Society, Inc., Washington
Chapter 36th Annual All Industry Day, "E-Commerce
Claims - Is There Insurance Coverage" (March 13, 2001)
American Conference Institute, "Complex Insurance Claims: A
Legal Tactical and Practical Approach" (May 3, 2001)
American Management Association - Policyholder Advisor
Conference, "Recovering From Fraud Losses"
(September 21, 2000)
The Computer Law Association and Santa Clara University
School of Law Cyberspacecamp Conference, "Insurance
Coverage: High-Tech Issues" (March 2-4, 2000)
American Management Association - Policyholder Advisor
Conference, "Trying an Insurance Coverage Case"
(June 10-11, 1999)
American Management Association: Policyholder Advisor
Conference, "Recovering From Fraud Losses" (June 10-11,
1999)
American Management Association: Policyholder Advisor
Conference, "Litigation Update" (June 10-11, 1999)
Mealey's, "Trying an Environmental Liability Insurance
Coverage Case," Amelia Island, Florida (1999)
Cornell University Club, "What Every Intellectual Property
Lawyer Should Know About Insurance But Was Afraid To Ask"
(November 18, 1998)
Mealey's Trade Secret, Patent and Trademark Roundtable,
"Insurance Coverage for Intellectual Property Liabilities
Under the 'Advertising Injury' Coverage Provision in
Liability Insurance Policies" (December 5, 1997)
American Conference Institute, "Claimant’s Strategies for
Large Punitive Awards Including Calculations of Punitive
Damages" (March 25-26, 1996)
Harvard University Club, "Insurance Coverage for
Intellectual Property and Antitrust Violations" and
“Recovering From Fraud Losses” (November 15, 1995)
Pennsylvania Bankers Roundtable, "Fidelity Bonds: Recovering
From Fraud Losses” (October 1995)
Environmental Corporate Counsel Institute, "One Billion
Reform By New Insurance Regulations" (May 1-2, 1995)
American Conference Institute, "Bad Faith: 50 State
Summary" (April 6-7, 1995)
American Bar Association Tort and Insurance Practice Section
Committee on Intellectual Property, "Insurance Claims and
Litigation for Intellectual Property Disputes" (June
9-10, 1994)
Andrews Continuing Education Institute, "Fidelity Bonds:
Recovering From Fraud Losses" (October 1993)
Corporate Legal Times' Corporate Insurance Protection
Institute: "Hidden Treasures In Untapped Insurance
Resources" (September 1993)
American Bar Association National Convention, Tort and
Insurance Practice Section, Intellectual Property Committee,
"Insurance Coverage for Copyright and Patent Infringement
Actions" (August 1993)
University of Missouri-Kansas City, Kansas City Corporate
Counsel Conference, "Insurance Coverage for Environmental
Claims" (June 19, 1992)
Bar Admissions
New York, United States District Court for the Southern
and Eastern Districts of New York, United States Court of
Appeals for the Second and Tenth Circuits, United States
Court of Military Appeals, Maryland, and the United States
District Court for the District of Maryland.
Professional Memberships
New York State, Member, Committee on Civil Prosecution,
Maryland State and American Bar Associations, Member,
Sections on: Litigation; Tort and Insurance Practice.
Personal
Military Experience
Captain, USAF JAG Corp.; 1100 ABW/JA (1980 - 1982) and USAF/JAJM
(1982 - 1984),
drafted all trial briefs in the 1981 prosecution of 1st
Lieutenant Christopher Cooke, an espionage case subject to
national media attention defended by F. Lee Bailey. Awarded
Meritorious Service Medal and Air Force Commendation Medal.
Named Outstanding Company Grade Officer of the Year, Bolling
Air Force Base, Washington, D.C.
Legislative Aide Experience
Member, United States Senate Staff (1975-1977). United
States Senator James L. Buckley (New York)
Boy Scouts of America
Eagle Scout, 1971
Order of the Arrow |
