Stephen D. Palley

Of Counsel
Washington, DC

spalley@andersonkill.com

202-416-6552

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EDUCATION

Washington University (St. Louis) School of Law, J.D.

University of Delaware, M.A.

Tufts University, B.A., cum laude

BAR ADMISSIONS

Washington, D.C., New York and Missouri

COURT ADMISSIONS

United States District Court for the District of Columbia; United States District Court for the Eastern District of Missouri; United States District Court for the Southern District of New York.

Profile
Experience
Publications
Speaking Engagements
News

Stephen D. Palley is of counsel in the Washington D.C. office of Anderson Kill. Mr. Palley focuses his practice on litigation, trial practice and insurance coverage.

He has represented owners, general contractors, construction managers and others in connection with insurance transactions and litigation for tens of billions of dollars of construction projects throughout the United States. In 18 years of litigation experience, he has handled construction insurance disputes and other insurance disputes in state and federal courts across the United States, along with a broad range of commercial litigation, products liability and other matters.

Mr. Palley is a fellow of the American College of Coverage and Extra Contractual Counsel, an invitation-only association of preeminent insurance coverage lawyers with a minimum of 15 years practice experience and has been recognized as Washington, D.C. "Super Lawyer" in Construction Litigation.

A regular speaker and writer on construction insurance-related topics, Mr. Palley is the lead editor and contributing author of "Construction Insurance" and contributing author of Fundamentals of Construction Law, treatises published by the ABA Forum on the Construction Industry.

In addition to representing clients in litigation, Mr. Palley works with technology clients on a broad range of issues associated with business creation, product design, licensing, development and ideation, as well as litigation and ongoing risk management and avoidance.

Representation of owner/developer in connection with procurement, negotiation and placement of insurance coverage for construction of $600 million-plus design/build sports arena. This work included a range of tasks including (1) assistance with engaging the broker of record for project, (2) underwriter presentations and policy language negotiation, (3) bond rating agency presentations, (4) negotiation of appropriate contract language in a range of project-related contract documents. Among other things, he was also intimately involved with review and evaluation of CCIP policies, along with insurance and related indemnity language in the prime contract. He also assisted with the resolution of claims that arose during the course of the construction project.
Representation of Owner/Developer of multiple residential developments in the New York metropolitan area in state court litigation involving reimbursement of repair costs associated with allegedly defective building components. The litigation involved more than a dozen subcontractors and their insurance companies and multiple cross-claims, as well as third and party complaints. Mr. Palley persuaded all of the involved parties, as well as a court appointed special master, to engage in an expedited and voluntary discovery process, which led to rapid settlement and payment of claims to his client without extended and expensive discovery or associated costs.
U.S. coverage counsel for international construction company in resolution of a number of ongoing insurance related construction claims.
Representation of policyholder in Federal Court in connection with D & O coverage litigation regarding underlying TCPA class action litigation. Successful resolution of matter following filing of Complaint and minimal motion practice.
Representation of EPC contractor in connection with procurement, negotiation and placement of insurance coverage for power plants in north eastern United States.
Representation of EPC contractor in connection with insurance procurement, placement and negotiation of insurance and related contract language for construction of a proposed nuclear power plant. Representation included negotiation with a public utility, review and negotiation of OCIP requirements, contractual insurance specifications, complex waiver and indemnity provisions applying to a proposed multi-billion dollar project, as well as providing advice on insurance requirements including marine, inland marine, nuclear, and more typical construction insurance products such as CGL/excess and builders risk.
Representation of owner/developer in connection with insurance coverage denial on the eve of trial of bodily injury claim arising out of construction of landmark Manhattan high-rise. Successfully negotiated eight-figure settlement with excess carrier after filing summary judgment motion.
Representation of medical practice and physicians in connection with insurance coverage dispute with professional liability insurance company and successful resolution of the same, leading to withdrawal of late coverage denial and defense and indemnity in underlying litigation with eight-figure damages claim.
Representation of construction manager in connection with procurement, negotiation, placement and litigation of insurance coverage for professional sports venues, airports, new hospital construction and other major infrastructure projects across the United States.
Representation of medical facility in connection with procurement, negotiation and placement of insurance coverage for construction of $500 million new hospital construction.
Representation of various parties in connection with procurement, negotiation and placement of insurance coverage for Ground Zero reconstruction in lower Manhattan.
Negotiation and placement of D & O policies for financial services and investment industry clients.
Representation of policyholders in reported cases such as Stanley Martin v. Ohio Casualty Group, 2009 U.S. App. Lexis 2758 (4th Cir. 2009) (confirming that standard CGL policies provide insurance coverage for property damage resulting from allegedly defective construction); Hunt Construction Group v. Allianz Global Risk, 503 F.3d 632 (2007) (Rejecting insurance company argument that builders risk policy written for major construction project at Detroit airport should be considered a "standard fire policy" for limitations purposes).
Representation of condominium association in connection with successful $2 million settlement of construction defect claims related to defective balconies on high-end residential condominium building in Washington, DC. This matter involved resolution of claims with insurance companies, a surety, developer and trade contractors.

Westlaw Journal Insurance Coverage | May 05, 2017

Policyholder Advisor & Alert | March 31, 2017

Risk Management Magazine | March 06, 2017

Policyholder Advisor & Alert | October 25, 2016

FC&S Legal | July 07, 2016

Policyholder Advisor & Alert | June 22, 2016

Coindesk.com | May 22, 2016

CoinDesk | March 20, 2016

Law Practice Today | January 14, 2016

American Bar Association, Forum on Construction Law | April 01, 2015

Construction Insurance: An Introduction (Book Chapter), Fundamentals of Construction Law

American Bar Assocation, Forum on the Construction Industry | January 01, 2013

14 Under Construction: The Newsletter of the American Bar Association, Forum on the Construction Industry | April 01, 2012

American Bar Association, Forum on the Construction Industry | January 01, 2012

The Construction Lawyer | January 01, 2011

The Missouri Bar, 2006 (Fifth edition) | January 01, 2010

Construction WebLinks.com | January 01, 2010

American Bar Association, Forum on the Construction Industry | January 01, 2010

Construction WebLinks.com | January 01, 2009

Risk | January 01, 2009

The Construction Lawyer | January 01, 2008

Nov

23 2017

Thu

Blockchain, Artificial Intelligence and Law

International Congress of Law and Technology

Brasília, Brazil

Nov

03 2017

Fri

Construction Projects: Insurance, Risk Transfer & Emerging Trends

ABA Forum on Construction Law Regional Program on Insurance

Washington, DC

Oct

03 2017

Tue

Blockchains: Tools of regtech - or of regulatory arbitrage?

RegTech 2017

Brooklyn, NY

ILTACON 2017 Annual Educational Conference

August 15, 2017 | Las Vegas, NV

Strafford Publications, Inc.

July 06, 2017 | Washington, DC

Anderson Kill

June 01, 2017 | Washington, D.C.

K(NO)W Identity Conference

May 16, 2017 | Washington, DC

Strafford Publications, Inc.

May 02, 2017 | Washington, DC

American Bar Association

February 24, 2017 | Phoenix, AZ

ABA Forum on Construction Law

August 16, 2016 | Washington, DC

Tempted by the Fruit of Another: Additional Insureds, Indemnity Agreements and Risk Transfer

HB Litigation Conferences: Emerging & Complex Insurance Claim Forum 2016

February 26, 2016 | Los Angeles, CA

Sticks, Bricks, Bytes & Drones: Opportunities and Challenges at the New Frontiers of Construction Law

ABA Forum on Construction Law Annual Conference

April 18, 2015 | Nashville, TN

Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities

Strafford Publications

March 19, 2014 | Washington, DC

Construction Insurance Coverage Disputes

Lorman Education Services Audio Conference Series

January 22, 2013 | Washington, DC

Warning - Construction Area: Real Life Insurance Challenges

Construction Litigation Leaders' Forum, HB Litigation Conferences

March 09, 2012 | Santa Monica, CA

'Indemnity Clauses," Know Your Risks, Know Your Options, Construction Insurance Program

American Bar Association Webinar Series

January 01, 2012 | Washington, DC

Insurance Coverage Disputes and Construction Defects

Lorman Education Services Webinar

January 01, 2012 | Washington, DC

Tools of the Trade: Construction Insurance

ARCADIS Webinar Series

January 01, 2012 | Washington, DC

Additional Insured and Contractual Indemnity Coverage in Commercial and Construction Contracts: Reconciling Contractual Obligations With Policy Terms to Maximize Coverage

Strafford Publications

September 15, 2011 | Washington, DC

Basic Principles of Construction Insurance

Lorman Education Services

July 15, 2010 | Washington, DC

Conflicts with Additional Insured Coverage

Lorman Education Services

June 01, 2010 | Washington, DC

Insurance Coverage for Nuclear Power Plant Construction

U.S. Department of State

April 13, 2010 | Washington, DC

17
Aug
2017

Industry Teams

Regulated Products

Practice Areas

Insurance Recovery

Corporate and Commercial Litigation

Real Estate and Construction

Cyber Insurance Recovery

Professional Liability Insurance Recovery

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Upcoming Events

24
Aug

In-House Counsel's Role in Managing Enterprise Risk

Speakers: Arthur R. Armstrong

Association of Corporate Counsel Central PA Chapter | Marietta, PA

11
Sep

The Fair Housing Amendments Webinar

Speakers: Deborah B. Koplovitz

Lawline | New York, NY

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Stephen D. Palley

Of Counsel Washington, DC

EDUCATION

BAR ADMISSIONS

COURT ADMISSIONS

Construction Insurance: An Introduction (Book Chapter), Fundamentals of Construction Law

Nov

23

2017

Thu

Nov

03

2017

Fri

Oct

03

2017

Tue

Tempted by the Fruit of Another: Additional Insureds, Indemnity Agreements and Risk Transfer

Sticks, Bricks, Bytes & Drones: Opportunities and Challenges at the New Frontiers of Construction Law

Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities

Construction Insurance Coverage Disputes

Warning - Construction Area: Real Life Insurance Challenges

'Indemnity Clauses," Know Your Risks, Know Your Options, Construction Insurance Program

Insurance Coverage Disputes and Construction Defects

Tools of the Trade: Construction Insurance

Additional Insured and Contractual Indemnity Coverage in Commercial and Construction Contracts: Reconciling Contractual Obligations With Policy Terms to Maximize Coverage

Basic Principles of Construction Insurance

Conflicts with Additional Insured Coverage

Insurance Coverage for Nuclear Power Plant Construction

Industry Teams

Practice Areas

Sign-Up for Newsletters

Upcoming Events

In-House Counsel's Role in Managing Enterprise Risk

The Fair Housing Amendments Webinar

Recent News

Is Blockchain Technology the Biggest Disruption in Law?

Anderson Kill P.C. Mourns the Passing of John G. Nevius, Policyholder's Attorney and Environmental Law Group Chair

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Of Counsel
Washington, DC