William G. Passannante
Shareholder
- New York
wpassannante@andersonkill.com T.212-278-1328 F.212-278-1733Practice Areas Insurance Recovery Corporate and Commercial Litigation
William G. Passannante is co-chair of
the firm's Insurance Recovery Group and a member of the
executive committee. Mr. Passannante has appeared in cases
throughout the country and has been recognized by Chambers
USA 2006: America’s Leading Lawyers for Business as “a
tremendous tactician and an incredible trial lawyer.” In
2007 and 2008, Chambers USA once again ranked Mr.
Passannante a leading lawyer in Insurance: Dispute
Resolution. Chambers USA 2008 ranked Anderson Kill’s
Insurance Recovery Group No. 1 in New York for Insurance:
Dispute Resolution. In 2009, Mr. Passannante was
selected by his peers to Best Lawyers
for insurance law.* He has also been rated "AV"
by Martindale Hubbell.
Mr. Passannante is a leading lawyer for policyholders in the
area of insurance coverage. He has represented policyholders
in litigation and trial in major precedent-setting cases. He
has represented The Glidden Company, The Trustees of
Princeton University, HLTH Corporation/WebMD, Picker
International, Weyerhaeuser Company, Occidental Chemical
Company, Imperial Chemical Industries, The Lefrak
Organization, Quest Diagnostics, Automatic Data Processing,
Fleming Companies, Inc., and others. Prior to joining Anderson
Kill, Mr. Passannante was a Financial, Industrial, and
Econometric Consultant with Standard and Poor's/Data
Resources, Inc.
Mr. Passannante was a drafter of the precedent-setting
Weyerhaeuser case in the Supreme Court of the State of
Washington which held that no overt threat against a
policyholder is required to trigger insurance policies. Mr.
Passannante co-chaired the program "Current Issues in D&O
and Professional Liability Insurance" sponsored by the ABCNY
and the ABA.
He testified before the New York State Legislature regarding
the insurance industry response to the victims of the
terrorist attack on September 11, 2001. Mr. Passannante is
an editor of the recent book, "The Policyholder Advisor,”
and has published widely including in "Risk Management,"
"The (ABA) Brief," "Corporate Counsel Magazine,"
"Policyholder Advisor," "Copyright World," "Healthcare
Financial Management," "Insurance Litigation Reporter," and
"Mealey's Insurance."
Mr. Passannante is a member of the Regis High School Alumni
Board (2006-2009) and served on the Executive Council
(1998-2006).
Representative Engagements
Princeton University — summary judgment as
to liability in D&O case. Trustees of Princeton
University v. National Union Fire Ins. Co. of Pittsburgh,
PA., 83 N.Y.S.2d 437, appeal dismissed, 11 N.Y.3d
847 (Nov. 24, 2008).
WebMd Health— summary judgment to
advance defense costs in D&O case. HLTH
Corp. v. Agricultural Exc. & Sur. Ins. Co.,
2008 WL 3413327 (2008). Appeal as to
certain insurance companies pending (2010).
Quest Diagnostics— won summary judgment for
policyholder in health care industry regarding
merger-related liability insurance coverage. St. Paul
Fire Ins. Co. v. MetPath, Inc., 38 F. Supp.2d 1087
(1998). Also pursuing directors and officers liability
insurance for governmental claim.
Weyerhaeuser — won ruling that no overt legal
threat is required to activate environmental liability
insurance. Weyerhaeuser v. Aetna, 123 Wash.2d 891
(1994).
Lefrak— won summary judgment that insurance
company duty to defend was triggered by lead paint claim.
Lefrak Organization, Inc. v. Chubb Custom Ins. Co., 942
F. Supp. 949 (1996).
Federal v. Kozlowski —represented policyholder to
recover D&O liability insurance and prevent rescission
action. Federal Ins. Co. v. Kozlowski, 18
A.D.3d 33, 792 N.Y.S.2d 397 (1st Dep't 2005).
Picker International — represented
policyholder that sought coverage for alleged liability on
account of exposure to radiation. Picker International,
Inc. v. Travelers Indemnity Co., 35 F. Supp.2d 70
(1998).
Automatic Data Processing ("ADP") —
represented policyholder to recover proceeds of insurance
coverage for alleged advertising injury for copyright
infringement.
CMI Corporation— represented policyholder to
recover insurance coverage for advertising injury on account
of patent infringement liabilities.
Fleming Companies, Inc.— represented policyholder
to recover insurance coverage for alleged commercial crime
claims. Also represented policyholder pursuing directors and
officers liability insurance coverage.
The Glidden Company — represented policyholder
to recover insurance coverage for alleged environmental
liabilities in multi-site, multi-insurance company action.
ICI Americas— represented policyholder to
recover D&O liability Insurance.
Occidental Chemical Company— represented
policyholder to recover insurance coverage on account of
construction accident.
Pueblo Xtra, International, Inc. — represented
policyholder to recover proceeds of commercial crime policy.
Publications
Speaking Engagements
Mr. Passannante has been a frequent speaker across the
country, including the following:
"D&O Coverage Litigation Do's and Don'ts," New York City Bar
Live Program: Current Issues in D&O Liability & Insurance
2010, New York, NY (June 10, 2010)
"Everything a New Risk Manager Needs to Know About D&O
Liability & Insurance," RIMS National Conference, Boston, MA
(April 29, 2010)
"After the (Litigation) Flood: D&O Insurance
Flashpoints in 2010 and Beyond," Anderson Kill & Olick, P.C.
and the Greater NY ACC Chapter's Seventh Annual D&O
Conference, New York, NY (March 25, 2010) (with Joshua Gold)
"Understanding Key E&O, D&O and Fiduciary Liability
Insurance Issues," South Texas RIMS Chapter, San
Antonio, Texas
(March 24, 2010)
"Negotiating A Better Win: A CLE Spring Breakfast
Series," St. John's University School of Law - The Hugh L.
Carey Center for Dispute Resolution, St. John's University
Manhattan Campus, New York, NY (March 23, 2010)
"Ponzi Schemes and Coverage-Related Issues," HB Litigation
Conferences Fidelity Bond and Crime Coverage Conference, New
York, NY (December 3, 2009)
"Insurance Coverage and How Policyholders Can Best Recover
the Full Value of Their D&O Insurance," The Carlton Hotel,
New York, NY (November 30, 2009)
"Director's & Officer's Insurance - Don't Be So Sure That It
Is For Public Companies Only," Riverside Yacht Club,
Riverside, CT (October 21, 2009)
"Directors and Officers Liability Insurance - Responding to
the Economic Crises of 2008 - The Subprime Lender Fallout &
Madoff Scandal," (with Pamela D. Hans), 12th Annual Policyholder Advisor
Conference, New York, NY (September 17, 2009)
"Enhanced Bankruptcy D&O Issues for the Economic Meltdown,"
New York City Bar -- Current Issues in D&O Liability and
Insurance 2009, New York, NY (June 11, 2009)
"Understanding Key E&O, D&O and Fiduciary Liability
Insurance Issues," Winnipeg, Canadian RIMS Chapter, (with
Pamela D. Hans), Winnipeg, Canada (April 28, 2009)
"Ultrafine Print: How to Read an Insurance Policy,"
Risk and Insurance Management Society 2009 National
Conference and Exhibition, Orlando, FL (April 20, 2009)
Risk and Insurance Management Society Educational Workshop,
(with Pamela D. Hans and Ronald Papa), Orlando, FL (April 18-19, 2009)
"Understanding Key E&O, D&O and Fiduciary Liability
Insurance Issues," (with Cort T. Malone) Delaware Valley RIMS Chapter, St. David's,
Pennsylvania (April 14, 2009)
"Responding to the Economic Crises of 2008 - The Subprime
Lender Fallout & Madoff Scandal," Anderson Kill & Olick's
Sixth Annual D&O Conference, New York, NY (March 26, 2009)
"Navigating Claim Settlement Perils and Traps," New York
RIMS Chapter, New York, NY (February 19, 2009)
Risk and Insurance Management Society Educational Workshop,
(with Finley T. Harckham, Pamela D. Hans, Kevin J. Connolly,
Phillip England and Ronald Papa), New York, NY
(October 20-21, 2008)
"Understanding Key E&O, D&O and Fiduciary Liability
Insurance Issues," Greater Kansas City RIMS Chapter, Kansas
City, MO (October 14, 2008)
"What's Hot - What's Not in D&O/E&O Insurance,"
(w/Josh Gold), 11th Annual
Policyholder Advisor Conference, New York, NY (September 18,
2008)
“Directors and Officers
Liability Insurance – A Year in Review and a Look Ahead,”
Strategies and Tactics to Avoid D&O Liability and Maximize
Coverage (June 4, 2008)
"Ten Tips for a Corporate Law or Risk Management
Department," South Texas RIMS Chapter, San Antonio, TX (May
22, 2008)
“D&O Liability Insurance,” 14th Annual Advanced Forum, New
York, NY (May 13–14, 2008)
“Understanding Key E&O, D&O and Fiduciary Liability and
Insurance Issues,” Risk and Insurance Management Society,
San Diego, CA (April 30, 2008)
"Risk and Insurance Management Society Northeast Ohio RIMS
Chapter Conference, Warrensville Heights, OH (March 11,
2008)
"Strategies and Tactics to Avoid Liability and Maximize
Coverage,” Fifth Annual D&O Seminar, New York, NY (March 5,
2008)
“Insurance Topics,” 17th Annual Class Action Institute, New
York, NY (October 23, 2007)
“How to Evaluate and Settle an Insurance Claim,” Risk and
Insurance Management Society, Inc., Denver, CO (September
27, 2007)
“Key Issues Affecting D&O/E&O Insurance,” 10th
Annual Policyholder Advisor Conference, New York, NY
(September 18, 2007)
“The Risk Managers’ Perspective,” 10th Annual
Policyholder Advisor Conference, New York, NY (September 18,
2007)
“Ethics – ‘Conflicts Counsel,’” 10th Annual
Policyholder Advisor Conference, New York, NY (September 18,
2007)
“Current Issues in D&O Liability and Insurance,” New York
City Bar Association, New York, NY (June 7, 2007)
"Understanding Key E&O, D&O and Fiduciary Insurance Issues,"
RIMS 2007 Annual Conference, New Orleans, LA (May 3, 2007)
"What Are We Worth: How Risk Managers Demonstrate
Their Value to Their Employers," RIMS 2007 Annual
Conference, New Orleans, LA (May 1, 2007)
"Insurance Recovery Litigation - How to Best Avoid It, Win
It, Deal With It," RIMS 2007 Annual Conference, New Orleans,
LA (April 30, 2007)
“How to Evaluate and Settle an Insurance Claim,” Risk and
Insurance Management Society, Inc., Minnesota Chapter Perk
Program, Bloomington, MN (April 17, 2007)
“Strategies and Tactics to Minimize D&O Liability and
Maximize the Return on Liability Insurance,” RIMS Education
Day 2007, Kansas City, MO (February 21, 2007)
"Road Map to D&O Liability Insurance and Navigating the
Claims Process," The Forgotten Promise - Strategies and
Tactics to Maximize the Value of D&O Insurance, Chicago, IL
(October 12, 2006)
"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)
“9/11 Litigation: Cutting Edge World Trade Center Insurance
Coverage Issues,” New York State Bar Association (May 17,
2005)
“Legal Update: Developments of Interest to Risk Managers,”
RIMS Education Day, Cleveland, Ohio (March 15, 2005)
“D&O Liability Insurance—Getting Your Money’s Worth,”
Fairfax, VA (March 3, 2005)
"The Emerging Liabilities and Coverage Issues," Cleveland,
OH, RIMS Education Day 2003 RIMS Northeast Keybank Tower
Auditorium, Cleveland, Ohio (March 11, 2003)
"Current Issues In Directors And Officers Liability
Insurance," Chicago, IL (May 8, 2002)
"Testimony before New York State Assembly Regarding the
Insurance Industry Response to the Victims of the Terrorist
Attack on the World Trade Center on September 11, 2001"
(December 12, 2001)
"Current Issues In Directors and Officers Liability
Insurance," American Management Association, Policyholder
Advisor Conference, Washington, D.C. (February 7, 2002)
"Current Issues In D&O and Professional Liability
Insurance," The Association of the Bar of the City of New
York, American Bar Association New York, New York (May 9,
2001) Conference Co-Chair
"Preparing a Complex Insurance Coverage Case for Trial,"
(with J. Berringer) 39th RIMS Annual Conference &
Exhibition, Atlanta, Georgia (April 29-May 4, 2001)
"Settling Complex Insurance Claims," (with A. Kramer)
American Management Association, Policyholder Advisor
Conference (September 21, 2000)
"Current Issues in D&O and Professional Liability
Insurance," (with J. Gold and M. Silverschotz) New York
(April 25, 2000)
"Insurance Coverage for Intellectual Property Liabilities
Under the 'Advertising Injury' Coverage Provision in
Liability Insurance Policies," (with R. Horkovich) The
Practising Law Institute's Fifth Annual Institute for
Intellectual Property Law, New York (October 7-8, 1999)
"What's a Risk Manager To Do? Insurance Coverage for Y2K
Liabilities: 'Sue & Labor and Directors and Officers
Liability Insurance Issues," (with J. Gold) Cleveland-Akron
Chapter of RIMS, Independence, OH (September 14, 1999)
"Current Issues in D&O and Professional Liability
Insurance," (with E. Stein) The Association of the Bar of
the City of New York (June 18, 1999)
"High-Tech Insurance Issues: Insurance Coverage For
Intellectual Property Liabilities Under The 'Advertising
Injury' Coverage Provision in Liability Insurance Policies,"
(with R. Horkovich) New York Hilton & Towers (June 10-11,
1999)
"What Everyone Should Know About Insurance Coverage for
Intellectual Property Claims But Was Afraid To Ask," (with
R. Horkovich) 37th Annual RIMS Conference Dallas Convention
Center (April 11-16, 1999)
"What Every Intellectual Property Lawyer Should Know About
Insurance Coverage But Was Afraid to Ask - 'Insurance
Coverage for Intellectual Property Liabilities Under the
'Advertising Injury' Coverage Provision in Liability
Insurance Policies,'" (with R. Horkovich) Chicago (February
24, 1999)
"What Every Intellectual Property Lawyer Should Know About
Insurance Coverage But Was Afraid to Ask," (with R.
Horkovich) Cornell Club New York (November 20, 1998)
"What Every Intellectual Property Lawyer Should Know About
Insurance Coverage But Was Afraid to Ask - 'Insurance
Coverage for Intellectual Property Liabilities Under the
'Advertising Injury' Coverage Provision in Liability
Insurance Policies,'" (with R. Horkovich) (November 18,
1998)
"Compelling Coverage for Copyright Claims - Insurance
Coverage for Copyright and Other Intellectual Property
Liabilities under the 'Advertising Injury' Coverage
Provision in Liability Insurance Policies" (with R.
Horkovich) RIMS '98, San Diego (April 26-May 1, 1998)
”Recovering From Fraud Losses,” (with R. Horkovich) First
Annual Policyholder Conference, Charleston, South Carolina
(March 15-17, 1998)
“Current Issues in D&O and Professional Liability
Insurance,” (with R. Paar) Mealey’s Emerging Insurance
Battles Conference (March 12-13, 1998)
“Insurance Coverage for Intellectual Property Liabilities
under the ‘Advertising Injury’ Coverage Provision in
Liability Insurance Policies,” (with R. Horkovich) First
Annual Policyholder Conference, Charleston, South Carolina
(March 15-17, 1998)
“Ten Insurance Tips for Corporate Law Departments,” (with L.
Epstein) 1997 RIMS Annual Conference, Georgia (April 13-18,
1997)
“Potential Liability Insurance Coverage for Wrongful
Extractions Claims,” (with R. Horkovich) 1997 Mining Lawyers
Conference, Charleston, South Carolina (September 18-20,
1997)
"Maximizing the Benefits of Environmental Insurance Coverage
for Mining Concerns,” (with J. Gold) 1997 Mining Lawyers
Conference, Charleston, South Carolina (September 18-20,
1997)
“What You Don’t Know About Insurance Can Cost You Millions:
How to Secure Environmental Insurance Coverage,” (with J.
Gold) Colorado Springs, Colorado (November 4 & 5, 1997)
“Insurance Coverage For Intellectual Property Liability
Under the ‘Advertising Injury’ Coverage Provision In
Liability Insurance Policies,” (with R. Horkovich) (November
17, 1997)
“Maximizing Your Insurance Asset: Insurance Coverage for
‘Advertising Injury’ Claims,” The Grand Hyatt, New York
(January 29-30, 1996)
“Insurance Coverage for Copyright Violations, Trademark
Infringement, Patent Infringement or ‘Piracy,’ Antitrust
Violations, Defamation, Slander, Privacy Violations, and
Unfair Competition under the ‘Advertising Injury’ Coverage
Provision in Liability Insurance Policies” (with R.
Horkovich) 34th RIMS Annual Conference, Toronto, Ontario
(April 21-26, 1996)
“Insurance Coverage Considerations for Mining Concerns and
Other Policyholders,” (with J. Gold) Lake Tahoe, Nevada
(September 28, 1996)
“Insurance Coverage for Copyright Violations, Trademark,
Infringement, Patent Infringement or ‘Piracy,’ Antitrust
Violations, Defamation, Slander, Privacy Violations, and
Unfair Competition under the ‘Advertising Injury’ Coverage
Provision in Liability Insurance Policies,” (with R.
Horkovich) New York (August 6-11, 1993)
"D&O liability exposure? D&O insurance advice for
difficult economic times," International Bar Association
Insurance Committee Newsletter (November 2009) (with A.
Marcello Antonucci)
"Let policyholders join the 'par'-ty," Business Insurance
(November 22, 2009)
"Policyholders can dream, can't they?," Financial Times
(November 20, 2009)
"After Failure, Litigation Risk for Directors," American
Banker (November 18, 2009)
"Liability Insurance Policy Enforcement - A Primer for
College and University Counsel," Anderson Kill & Olick,
P.C. (Summer 2009)
“How To Read An Insurance Policy—Ten Insurance Tips For
Corporate Law Departments,” RIMS 2005 Annual Conference
(April 17-21, 2005) (with J. Posner) "Corporate
Successors Can Tap Historical Liability Insurance Policies,"
AKO Policyholder Advisor Volume 14, Number 5
(January/February 2005) (with C. Cinella Tylis)
"Paying by the Rules - Recovery of Attorney Fees," The
John Liner Review (Fall 2002) Vol. 16 No. 3 (with D.
Shafter)
"Environmental Insurance: The Fat Lady Has Not Yet Sung,"
Environmental Protection, Vol. 13, No. 6 (June 2002)
(with M.C. Ricarte and J. Bauer)
"Current Issues in Directors and Officers Liability
Insurance," American Management Association, Policyholder
Advisor Conference (February 7, 2002)
"Lessons From The Enron Disaster: 'Whose D&O Insurance Is It
Anyway?,'" Executive Insurance Alert (Winter 2002)
(with M. Gilinsky)
"September 11, 2001: How Insurance Can Help," Corporate
Counsel (November 2001) (with R. Lewis)
"D&O Liability Insurance and Corporate Governance: A Match
Made In Heaven?," Corporate Counsel (July 2001)
"Current Issues in Directors and Officers Liability
Insurance," The Association of the Bar of the City of New
York; American Bar Association (May 9, 2001) (with J. Gold
and E. Stein)
"Caveat Director! What Directors and Officers Should Know
About D&O Liability Insurance," Outside Perspectives,
Corporate Counsel (September 2000)
"Who Pays for the Insurance Coverage Fight?: A Majority of
States Permit Recovery of Policyholder Attorney's Fees,"
(with R. Chung) Mealey's Attorney Fees (October 1999)
"D&O Liability Insurance - Peace of Mind, or Piece of
Dross?" Policyholder Advisor (September 1999)
"Current Issues in D&O and Professional Liability
Insurance," The Association of the Bar of the City of New
York (June 18, 1999) (with E. Stein)
"Avoiding the Known Prior Acts Exclusion When Insuring Newly
Acquired Entities," Healthcare Financial Management
(September 1998) (with J. Gasior)
"Intellectual Property and Insurance: A Valuable Asset and a
Lurking Liability," The Brief, Tort & Insurance Practice
Section (Spring 1998) (with K. Millonzi)
"Insurance Coverage for Copyright Violations, Trademark
Infringement, Patent Infringement or 'Piracy', Antitrust
Violations, Defamation, Slander, Privacy Violations, and
Unfair Competition under the 'Advertising Injury' Coverage
Provision in Liability Insurance Policies," 13th Annual
Institute on Intellectual Property Law, Galveston, Texas
(September 25-27, 1997) (with E. Joyce)
"Beware of the Pirates: How to Protect Intellectual
Property," Risk Management (August 1996) (with K.
Millonzi)
"Indiana's Supreme Court Finds Insurance Coverage Despite
Two Pollution Exclusions," The American Lawyer's
Corporate Counsel Magazine, (June 1996) (with E. Joyce)
"Indiana and Maryland: Insurance Company Use of Pollution
Exclusions 'Strange' and 'Absurd,’" Policyholder Advisor
(May 1996) (with E. Joyce)
"IP Insurance under the 'Advertising Injury' Coverage
Provision in Liability Insurance Policies," Copyright
World - Issue, 49 (April 1995) (with R. Horkovich)
"Insurance Coverage
for Alleged Violation of Intellectual Property Rights,"
Phoenix (February 23-27, 1994) (with E. Anderson and R.
Horkovich)
"A Level Playing Field?: Present Availability of Liability
Insurance to Cover Damages Due to Environmental Impairment,"
San Antonio (April 10-11, 1991) (with E. Anderson)
"'Heads I Win; Tails You Lose': Present Availability of
Liability Insurance to Cover Damages Due to Environmental
Impairment," Scottsdale, Arizona (March 24-27, 1991) (with
E. Anderson)
"'Dishonesty' and the 'Sudden and Accidental' Con Game: It's
a Beautiful Thing, the Destruction of Words," Mealey's
Litigation Reports - Insurance, Vol. 15, No. 17
(March 5, 1991) (with E. Anderson)
"Insurance Industry Doublethink: The Real and Revisionist
Meanings of 'Sudden and Accidental,'" (with E. Anderson)
Insurance Litigation Reporter, Vol. 12, No. 5 (May 1990)
(with E. Anderson) (rationale relied upon by Supreme Court
of Oregon and the United States Court of Appeals for the
Third Circuit)
"Res Gestae, The Present Sense Impression Exception and
Extrinsic Corroboration Under Federal Rule of Evidence
803(1) and Its State Counterparts," 17 Fordham Urb. L.J.
89 (1989), cited and quoted by Michigan v. Hendrickson,
459 Mich. 229, 243 n.4, 245-46 (1998), cited by
California Law Revision Commission Staff Memorandum, Study
K-600, Memorandum 2007-53, "Miscellaneous Hearsay
Exceptions: Present Sense Impressions" (Comments on
Tentative Recommendation) (December 10, 2007) at 11; and
Derald L. Moe v. The State of Wyoming, 2005 WY
149, 123 P.3d 148 (2005).
Publications
Press
Mr. Passannante is often quoted or cited in the press. The
following is a representative sampling:
"Restitution Can Leave D&O Policyholders High and Dry,"
Insurance Law360 (March 25, 2010)
"Fla. Court Says Insurer Must Pay For Privacy Violation By
Fax," National Underwriter (February 3, 2010)
"Insurance Cases Of The Decade," Insurance Law360
(January 22, 2010)
"Insurance Attorneys' Wish List For 2010," Insurance
Law360 (January 1, 2010)
"Court Ruling, Old Tricks Help Insurers Block D&O Coverage,"
FinCri Advisor (December 2009)
"More Environmental Lawsuits May Target Firms' Directors,
Officers; Suits May Claim Company Contributed to Global
Warming," Business Insurance (November 22, 2009)
"Congress Eyes Pleading Standard: Some Say New Law Will Eliminate Costly Meritless Cases,"
Business Insurance (November 8, 2009)
"SEC Failure To Expose Madoff Fraud Seen Snagging D&O
Claims," National Underwriter (September 17, 2009)
"How To Keep Laterals From Running Back To BigLaw,"
Insurance Law360 (September 15, 2009)
"Lloyd's Must Stand Behind $30M Taco Bell Policy, N.J. Court
Rules," National Underwriter (June 19, 2009)
"Taco Bell franchisees win cover for E. coli losses,"
Business Insurance (June 18, 2009)
"Delaware Court Orders D&O Insurer to Cough Up Legal Fees
for Criminal Defense," American Lawyer (March 26,
2009)
"AIG Unit Told To Pay HLTH $1M In Coverage Suit,"
Insurance Law360 (March 25, 2009)
"Unpaid premium taxes in Europe put policyholders at risk:
D&O claims denials and fines among adverse possibilities,"
Business Insurance (February 23, 2009)
"Reaction mixed on securities fraud ruling," Business
Insurance (August 11, 2008)
"Delaware Court Rules Federal Must Cover Defense Costs,"
National Underwriter (August 4, 2008)
"New Late-Notice Rule Shifts Burden to Insurer," New York
Law Journal (July 29, 2008)
"N.Y. modifies
claims notification rules," Business Insurance (July
24, 2008)
"Lawsuits related
to mortgage meltdown could spread beyond financial sector",
FinancialWeek (July 1, 2008)
"Mortgage meltdown may spawn more suits," Business
Insurance (June 23, 2008)
"Court Orders Insurer To Pay
School’s Defense Costs," Business Insurance (June 6,
2008)
“Insurance Coverage Available for the Subprime Mortgage
Collapse: Current Developments,” Coverage (May/June
2008) (with Pamela Hans) "Drug Firm's False Claims Not Covered by Insurance - Policy
Language Redefined by Appeals Court," Business
Insurance (April 28, 2008)
”Federal insurance regulation proposed again: Move may help
biggest insurers, but isn't urgent, analyst says,”
MarketWatch (March 31, 2008)
”Bear Stearns' insurers don't have to fund pact,”
Business Insurance (March 24, 2008)
"Market took off after directors, officers found personally
liable," Business Insurance (October 8, 2007)
“National Union Ordered to Pay Defense Expenses
Immediately,” Insurance Advocate (October 8, 2007)
“Confidential Evidence Discounted in Lawsuit – 7th
Circuit Dismisses Securities Fraud Suit Over Verification
Issues,” Business Insurance (August 6, 2007)
"Prosecutors Can’t Force Company to Withhold Defense Costs -
Judge in KPMG Case Says Tactic Violates Due Process Rights,"
Business Insurance (July 23, 2007)
“Avoid Surprises by Understanding Coverage,” Business
Insurance (June 4, 2007)
“Got a Bermuda Policy? Check the Fine Print,” Business
Insurance (June 4, 2007)
“Insurers Exclude Risks Associated With Electromagnetic
Radiation,” Business Insurance (June 4, 2007)
“Tracing Origins of a Unique Policy Provision,” Business
Insurance (June 4, 2007)
“Aon Restates to Correct Option Grants Errors,” Business
Insurance (March 5, 2007)
”Options Scandal May Test Cover of In-House Lawyers,”
Business Insurance (January 22, 2007)
"Fight Over iPhone Name May Test Apple's Cover - Policy
Wording, Timing Key in Determining Coverage For Disputes,"
Business Insurance (January 15, 2007)
"Spitzer's Election Raises Questions on Future Probes,"
Business Insurance (November 2006)
"After Hurricanes Katrina and Rita Struck Last Year,
Homeowners in Louisiana and Mississippi Learned What
Disaster Victims Elsewhere Already Know: Homeowners'
Insurance Policies Are Not All-Encompassing. But Consumers
All Too Often Buy Those Policies Without Fully Understanding
The Product," San Francisco MarketWatch (October
2006)
"Judge Issues Opinion After Hearing On Venue For Lead,
Indemnity Issue," Mealey's Litigation Reports -
Insurance, Vol. 20, No. 40 (August 22, 2006)
"Contingent Fees Won't Go Away Despite Spitzer – Complex
Settlement Deals Not Seen as Bar," Business Insurance
(April 17, 2006)
"Attorneys Warn Buyers to Document Cover," Business
Insurance (April 3, 2006)
"Serenity Now!," CFO Magazine (March 2006)
“Insurance Must Show Prejudice To Avoid Liability After
Settlement,” Andrews Insurance Coverage Litigation
Reporter (February 17, 2006)
“More Bargaining Room For D&O Insurance," Business
Finance (December 2005)
“Bonfire of the Indemnities – New D&O Insurance Products
Help Directors Better Manage Their Liability For Others’
Malfeasance,” Worth (June 2005)
“New Corporate-Governance Requirements Raise Questions,
Concerns for Risk Managers,” (with C. Kensington)
BestWire (January 21, 2004)
“Government Cleanup Notice Triggers Duty to Defend: Court,”
Business Insurance (July 21, 2003)
“Cleanup Notice Triggers Duty to Defend: Court,” Business
Insurance (July 15, 2003)
“Policyholder Wins Pollution Dispute,” Business Insurance
(July 7, 2003)
“Allou Sues Insurers to Force Payment,” Newsday
(March 25, 2003)
“More Claims Denials Seen in Current Hard Market,”
Business Insurance (February 3, 2003)
“Insurer Concealed Material Evidence, Court Says in Granting
Motion for Sanctions,” Toxics Law Reporter (March 20,
1996)
“California Judges Backpedaling from ‘Stipulated Reversals’
Insurers and the Government Support Agreements Calling for
Judgment Nullification, But Opposition is Growing,” The
National Law Journal (October 17, 1994)
“Washington Decisions Boost Hopes for Small Policyholders,”
Insurance and Risk Management (October 12, 1994)
“Washington State Supreme Court Rules on Pollution Liability
Exclusion; Ambiguity Means Liability,” Insurance Advocate
(September 26, 1994)
“Washington High Court: Insurers May Have to Pay Despite
‘Pollution Exclusion,’” Hazardous Waste Business
(September 21, 1994)
“Washington Continues PRP Bent in Superfund Insurance
Cases,” Hazardous Waste News (September 19, 1994)
“Absolute Pollution Exclusion Weakened by Ruling,”
Business Insurance (June 13, 1994)
“Environmental Cleanup Coverage Allowed Despite Lack of
Legal Action, Court Decides,” Toxics Law Reporter
(June 8, 1994)
“Pollution Ruling May Have Nat’l Impact,” National
Underwriter (June 6, 1994)
“Voluntary Cleanups Covered: Court,” Business Insurance
(May 30, 1994)
“Supreme Court in Washington State Rules Liability Policy on
Pollution Effective Even Without Suits,” Insurance
Advocate (May 28, 1994)
Publications
Memberships
New York State Bar Association, Vice-Chair of the
Professionals, Officers and Directors Liability Committee of
the Tort and Insurance Practice Section of the American Bar
Association, and a member of the Directors and Officers
Liability Committee of the Insurance Committee of the
Association of the Bar of the City of New York, National
Association of Corporate Directors (NACD), and Public Risk
Management Association (PRIMA)
Publications
Bar Admissions
New York, New Jersey, District of Columbia, Supreme Court of
the United States, and a number of United States District
and Circuit Courts.
Education
Fordham University, J.D.
Oberlin College, B.A., with Honors in Economics
Editor, Fordham Urban Law Journal
*No aspect of this advertisement has been approved
by the Supreme Court of New Jersey.
