David L. Elkind, Veteran Insurance Coverage Litigator, Rejoins Anderson Kill in D.C.

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Law360 story: Anderson Kill Woos Back Insurance Pro From Lowenstein, Law360 (August 17,2018)



David L. Elkind, a leading policyholder's attorney who has successfully represented corporate policyholders in complex insurance coverage disputes for nearly three decades, has returned to Anderson Kill. He will practice in the firm's Washington, D.C. office.

Mr. Elkind has recovered more than $1.3 billion for corporate policyholders in a wide range of insurance coverage disputes. He has won eight of nine trials and has argued precedent-setting appeals before the highest state courts in New York and Massachusetts as well as the First and Second Circuits. In recent years, his practice has focused largely on insurance coverage claims for environmental liabilities and mass torts, which are among the most complex of coverage claims. 

Mr. Elkind comes to Anderson Kill from a mid-sized national law firm. He first joined Anderson Kill in 1988 and left in 1996.

His litigation successes include serving as lead trial counsel for Nooter Corp. in an action in which the jury found coverage for asbestos claims under excess liability policies, awarding the policyholder compensatory and punitive damages. He also represented Boston Gas Company in two trials in which a unanimous jury twice found insurance coverage for former cleanup of manufactured gas plant sites. On behalf of Brooklyn Union Gas Company, he established a pro-policyholder standard under New York law for late notice claims involving excess insurance coverage.

In addition to his insurance coverage work, Mr. Elkind has successfully tried two CERCLA contribution actions, one of which earned him Law360's Environmental MVP award. Both verdicts were affirmed by the Second Circuit.

 "We knew Dave as a persuasive and creative litigator when we worked with him in 1990s, and we've seen him continue to move the needle for policyholders in the intervening years," said Robert M. Horkovich, Anderson Kill's managing shareholder. "We're thrilled to have him back in our lineup." 

Mr. Elkind is a frequent speaker on coverage issues and has been a visiting lecturer at Yale University Law School. He has published articles and book chapters on insurance topics ranging from how to obtain insurance coverage for environmental claims to trial strategies for insurance coverage actions. He holds a J.D. cum laude from Georgetown University Law Center and a B.A. with distinction from George Washington University. He is admitted to practice in the District of Columbia and New York.

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