- Insurance Recovery Attorney | Anderson Kill P.C.

Marshall Gilinsky

Shareholder
New York

Marshall Gilinsky is a shareholder in the New York office of Anderson Kill and practices in the firm’s Insurance Recovery and Commercial Litigation Departments.  Marshall is co-chair of the firm's Sexual Harassment and Abuse Insurance Recovery Group, and a member of the firm's Banking and Lending Group and Hospitality Industry Practice Group.

During his 20-year career representing policyholders, Marshall has recovered hundreds of millions of dollars for his clients, successfully litigating disputed claims under a variety of insurance products, including property and business interruption insurance, commercial general liability (CGL) insurance, errors and omissions (E&O) insurance, directors' and officers' (D&O) insurance and life insurance.  Marshall has represented clients on numerous high-stakes, complex insurance claims arising out of prominent losses such as 9/11, Hurricane Katrina, Superstorm Sandy and the “Big Dig” in Boston.  He also focuses extensively on assisting clients that own and manage captive insurance companies, especially with respect to resolving coverage disputes between the captive and its reinsurers.

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  • Represented various policyholders in litigation over complex property and business interruption insurance claims - ranging in size from tens of millions to over a billion dollars - arising out of the 9/11 terrorist attacks and Hurricanes Ivan, Katrina, Rita, Ike and Irene, as well as Superstorm Sandy.
  • Obtained a multimillion dollar payment on a business interruption claim for a national retailer whose stores were destroyed in the World Trade Center mall on 9/11, following successful litigation and motion practice regarding the applicable period of restoration and methodology for calculating lost revenues.
  • Successfully litigated and resolved a multi-faceted property insurance claim on behalf of a large, national bank regarding various property and business income losses following Hurricane Katrina.
  • Successfully litigated and resolved a large liability insurance claim for one of the prominent engineering firms that managed the design and construction of the “Big Dig” central artery tunnel project in Boston.
  • Assisted a prominent Risk Retention Group in securing full payment of over $150 million on a high-profile and challenged reinsurance claim.
  • Advised a global mining company regarding its billion dollar property insurance claim following the largest non-volcanic landslide in recorded history.
  • Fought off wrongful attempts by numerous insurance companies to rescind life insurance policies rather than pay valid claims, recovering tens of millions of dollars for policyholder clients in the process.
  • Counseled a prominent American university in securing a full recovery on a contested property insurance claim following a fire at a research facility in Nigeria.
  • Obtained summary judgment in favor of the city of Elmira, New York in a property insurance claim involving the cost to demolish a historic building owned by the city following damage to a small portion of the building during a windstorm (see Elmira v. Selective Ins. Co. of New York, 83 A.D.3d 1262, 921 N.Y.S.2d 662 (N.Y. App. Div. 2011)).
  • Obtained an award for the full coverage - approximately $3.5 million - owed to a New York City co-op under its Directors and Officers liability insurance policy (see Soho Plaza Corp., Inc. v. Nationwide Mut. Ins. Co., 309 A.D.2d 504, 764 N.Y.S.2d 697 (N.Y. App. Div. 2003)).
  • Obtained a favorable settlement for clients whose multi-million dollar claim under a life insurance policy had been denied based on alleged misrepresentations in the policy application, by obtaining discovery from the insurance company which established that it would have sold the same policy under its own internal underwriting guidelines even if the alleged misrepresentations had occurred.
  • Obtained a favorable settlement after many years of litigating fraudulent transfer claims on behalf of a liquidating trustee against a large, sophisticated investment bank, in a case involving highly complicated asset backed leases and loan arrangements.
  • Obtained favorable rulings on motions to dismiss various tort and breach of contract actions filed against a national telecommunications company.
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Insurance Coverage for Losses Stemming from the Coronavirus
Policyholder Advisor & Alert | February 12, 2020
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War Breaks Out Over Insurance Coverage for Sex Abuse Claims
Policyholder Advisor & Alert | September 03, 2019
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Tide Turns on Phantom Exclusion
Corporate Counsel Business Journal | May 01, 2018
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Understanding Post-Storm Business Interruption Coverage
Risk Management Magazine | November 06, 2017
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How to Recover Business Interruption Losses
American Bar Association, Section of Litigation, Insurance Coverage Litigation | November 21, 2016
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What Can A Captive Do For You
Risk Management Magazine | August 02, 2016
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Cybersecurity risk management, due diligence crucial
Hotel Management magazine | April 04, 2016
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A Toxic Spill - Coverage issues for the Animas River contamination
Claims Management magazine | September 28, 2015
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Insurance Coverage for the Animas River Spill
Policyholder Advisor & Alert | August 17, 2015
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Insurance Coverage For Possible Ebola Claims
Policyholder Advisor & Alert | October 28, 2014
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Captives and the "Business Risk Doctrine"
Captive Insurance Company Reports | March 07, 2014
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Insurance Coverage For Bed Bug Claims
Focus (Industry News) | December 11, 2012
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Dodd-Frank: in search of clarity
US Captive 2012 | August 28, 2012
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What Does the NRRA Mean for Captives?
Risk Management | August 14, 2012
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Wear and Tear Does Not Erode Ordinance or Law Coverage
Policyholder Advisor & Alert | December 23, 2011
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Sleep Tight: Insurance Coverage For Bed Bug Claims
Focus (Industry News) | July 05, 2011
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Insurance Coverage for Gulf Oil Spill Losses
Risk Management | June 04, 2010
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Insurance Coverage for the Gulf Coast Oil Spill Losses
Policyholder Advisor & Alert | May 25, 2010
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Improve Your Policy Wording During Soft Markets
Risk Management | March 10, 2010
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Insurance Coverage for Swine Flu Claims
Policyholder Advisor & Alert | May 04, 2009
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A Look Back at Insurance Law in 2008
American Bar Association | March 20, 2009
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Maximizing Insurance Recovery On Madoff-Related Losses
Andrews Litigation Reporter | February 26, 2009
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Maximizing the Recovery of Madoff-Related Losses
Policyholder Advisor & Alert | December 29, 2008
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New Late-Notice Rule in N.Y. Shifts Burden to Insurer to Prove Harm
New York Law Journal | July 30, 2008
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New York State Legislature and Governor Reform Late Notice Law
Policyholder Advisor & Alert | July 25, 2008
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Will Business Interruption Insurance Coverage Keep Your Property Above the Smoke and Water?
Focus (Industry News) | September 01, 2007
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Actual Cash Value and Replacement Cost Value: How To Get the Most from Your Property Insurance
AKO Loss Advisor | July 01, 2007
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Zubulake V: Emerging Trends in the Duties Regarding Electronic Evidence
Mealey's Litigation Report: Discovery | September 01, 2004
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Lessons From The Enron Disaster: "Whose D&O Insurance Is It Anyway?"
Executive Insurance Advisor | December 31, 2001
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A Patient's Guide: How To Sue Your HMO in Small Claims Court in New York State
MSSNY's News of New York | November 01, 1999
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Coverage for Claims Alleging Sexual Harassment, Abuse and Molestation

Knights of Columbus

January 22, 2020  |  New Haven, CT
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Coverage for Claims Alleging Sexual Harassment, Abuse and Molestation

Anderson Kill's 23rd Annual Policyholder Advisor Conference "Maximizing Your Insurance Recovery"

November 06, 2019  |  New York, NY
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Contractual Risk Transfer

2019 RIMS National Conference

April 28, 2019  |  Boston, MA
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Contractual Risk Transfer

2019 RIMS National Conference

April 27, 2019  |  Boston, MA
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Insurance Recovery in the Face of Natural Disasters

Lawline

May 22, 2018  |  New York, NY
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Additional Ignored? Understanding the Rights and Potential Pitfalls That Come With Being Designated an Additional Insured on an Insurance Policy

2018 CLM & Business Insurance Retail Restaurant & Hospitality Conference

February 08, 2018  |  Dallas, TX
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What Every In-House Counsel Should Know About Insurance Coverage

New England Corporate Counsel Association

January 17, 2018  |  Waltham, MA
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Emerging Legal Issues in Risk Management

RIMS Massachusetts Chapter

November 09, 2017  |  Boston, MA
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Final Adjudication: The Insurance Industry's Disgorgement Defense Hits a Wall

Anderson Kill's 20th Annual Policyholder Advisor Conference

November 11, 2016  |  New York, NY
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Recent Developments Regarding the "Disgorgement" Defense in D&O and E&O Liability Insurance Claims

Society of Risk Management Consultants

October 27, 2016  |  Canada, Quebec
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Discovery in Bad Faith Insurance Litigation: Key to Successfully Proving or Defending Claims

Strafford Publications, Inc.

August 30, 2016  |  New York, NY
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The Art and Science of Settling an Insurance Claim

CT Valley RIMS

May 18, 2016  |  West Hartford, CT
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September 11, 2001 and Loss Valuation Including Periods of Indemnity for Time Element Losses

American Bar Association Property Insurance Law Committee Annual Spring CLE Meeting

April 08, 2016  |  Las Vegas, NV
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Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims

Strafford Publications, Inc.

March 29, 2016  |  New York, NY
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Helping Clients Prepare For and Respond to Natural Catastrophes

Connecticut Bar Association

January 08, 2016  |  New Britain, CT
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Financial Services: Insurance for Regulatory Investigations and Settlements

Anderson Kill's 19th Annual Policyholder Advisor Conference 'Maximizing Your Insurance Recovery'; Industry Breakout Session: Important Issues Affecting Key Industries

October 29, 2015  |  New York, NY
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Good Faith Claims Handling - What is It?

National Association of Public Insurance Adjusters

October 20, 2015  |  Warwick, RI
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Primary vs. Excess Insurance: Priority and Allocation of Coverage

Strafford Publications, Inc.

September 17, 2015  |  Washington, DC
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Lodging Law Forum

Wyndham Hotel Group

April 01, 2015  |  Las Vegas, NV
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Reinsurance - Emerging Issues and Common Concerns

Westchester-Fairfield-Hudson CPCU Chapter

May 14, 2014  |  Stamford, CT
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Discovery in Bad Faith Insurance Litigation: Key to Successfully Proving or Defending Claims: Navigating Scope of Discovery, Document Production and Joint Client Exception to and Implied Waivers of Privilege

Strafford Publications CLE Live Webinar

November 20, 2013  |  Washington, DC
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At The Intersection of Bankruptcy and Insurance

Anderson Kill's 17th Annual Policyholder Advisor Conference

October 17, 2013  |  New York, NY
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The Intersection of Bankruptcy and Insurance Law: A Roadmap to Preserving & Asserting Rights

City Bar Center for CLE

October 10, 2013  |  New York, NY
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Property & Business Interruption Losses: Superstorm Sandy Lessons Learned

Connecticut Law Tribune In-House Counsel CLE Seminar

September 18, 2013  |  Stamford, CT
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Primary v. Excess Insurance: Priority and Allocation of Coverage - Resolving Disputes Over Triggers of Coverage, Allocation of Liability, and Exhaustion of Policy Limits

Strafford Publications Webinar

July 24, 2013  |  Washington, DC
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Guide to Successful Resolution of Residential Claims Resulting from Superstorm Sandy

New York Legal Assistance Group Seminar

February 19, 2013  |  New York, NY
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Property and Business Interruption Losses: Superstorm Sandy

Anderson Kill & Olick, P.C. 2nd Annual Policyholder Conference

February 12, 2013  |  New York , NY
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The Art of the Property Claim Negotiation - An Insider's Perspective

11th Annual 2013 Hospitality Law Conference

February 11, 2013  |  Houston, TX
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Bayous, Bays, and Boroughs: 'Money Pits' of the Insurance Industry

14th Annual Windstorm Insurance Conference

January 30, 2013  |  Orlando, FL
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Alternatives to Traditional Insurance Policies - Captives, Self-Funding, Self-Administration

16th Annual Policyholder Advisor Conference

October 25, 2012  |  New York, NY
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What Every Insurance Professional Should Know About Insurance Coverage

Kentuckiana/ Bluegrass RIMS Chapter

October 18, 2012  |  Simpsonville, KY
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Excess vs. Primary Insurance: Keys to Coverage & Policy Language

National Constitution Center Webinar

October 10, 2012  |  New York, NY
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Primary v. Excess Insurance: Priority and Allocation Coverage: Resolving Disputes Over Triggers of Coverage, Allocation of Liability, and Exhaustion of Policy Limits

Strafford Publications CLE Webinar

July 26, 2012  |  New York , NY
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Business Interruption: Common Challenges and Solutions

Tenth Annual 2012 Hospitality Law Conference

February 08, 2012  |  Houston, TX
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Maximizing Business Income and Civil Authority Coverage After Disaster

Anderson Kill's 15th Annual Policyholder Advisor

October 13, 2011  |  New York, NY
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Top Ten Insurance Tips for a Corporate Law Department

Minnesota ACC Chapter CLE Lunch and Learn

September 27, 2011  |  Minneapolis, MN
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Lessons From 9/11, Katrina and Other BI Litigation

AKO's First Annual Business Interruption Conference

September 15, 2011  |  Miami, FL
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If You Must Let the Bedbugs Bite, Make Sure You're Covered

RIMS National Conference

May 04, 2011  |  Vancouver, Canada
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Insurance for Business Interruption Losses Due to Damage Away from the Insured Premises - Lessons from 9/11 and Katrina, and Coverage for the Icelandic Volcanic Eruptions and the Gulf Oil Spill

2011 Hospitality Law Conference

February 10, 2011  |  Houston , TX
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The Instant Impact of Rosciti v. Liberty Mutual Ins. Co. (D.R.I. Aug 30, 2010) on 'Direct Action' Statutes and Plaintiffs' Ability to Bypass Bankrupt Policyholders' Self-Insured Retentions to Recover Directly from an Excess Insurer

ExecSense Webinar

November 19, 2010  |  Washington, DC
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Emerging Legal Issues in Insurance Risk Management

Kentuckian RIMS Chapter

November 18, 2010  |  Simpsonville, KY
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After Deepwater: Closing the Deal on Complex Property and Business Interruption Claims

Greater Miami RIMS Chapter

October 22, 2010  |  Miami, FL
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Natural Resource Damages & Remediation Efforts

HB Litigation Conferences: Oil in the Gulf-Litigation and Insurance Coverage

June 24, 2010  |  Atlanta, GA
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Unique Insurance Coverage and Risk Management Issues for Colleges and Universities

2010 Spring KAPPA Conference, Keystone Chapter of APPA

April 21, 2010  |  Pittsburgh, PA
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Emerging Legal Issues in Insurance Risk Management

Upstate New York RIMS Chapter Meeting

March 23, 2010  |  Rochester, NY
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Understanding Insurance: Coverages and Claims

2009 Hospitality Law Seminar Eastern Region

June 01, 2009  |  Baltimore, MD, MD
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Understanding Key E&O, D&O and Fiduciary Liability Insurance Issues

Canadian Capital RIMS Chapter Meeting

March 11, 2009  |  Ottawa, Canada
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Ten Tips for a Corporate Law or Risk Management Department

Bluegrass/Kentuckiana RIMS Chapter

November 13, 2008  |  Simpsonville , KY
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Energy & Chemical: Managing the Risks of Global Warming

Anderson Kill's 11th Annual Policyholder Advisor Conference

September 18, 2008  |  New York, NY
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Business Interruption Insurance: Legal Strategies Before and After Crisis Strikes Negotiating Coverage and Maximizing Recovery

Insurance Law & Litigation Week and the Legal Publishing Group of Strafford Publications Teleconference

February 06, 2008  |  Washington, DC
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Preserving Privileges: Ethical Issues Confronting Insurers, Policyholders & Counsel

New York City Bar

January 22, 2008  |  New York, NY
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Going the Distance with Extensions of Coverage

NAPIA/MAPIA Insurance Seminar

October 26, 2007  |  Cambridge, MA
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The State of the Law And Successful Strategies Relating to Bad Faith Insurance Claims

Strafford Publications Teleconference

January 30, 2007  |  New York, NY
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Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies

Strafford Publications Teleconference

September 29, 2006  |  Washington, DC
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Ethical Issues Involving Witnesses

Anderson Kill & Olick Ethics Seminar, Harvard Club

February 15, 2006  |  New York, NY
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Occurrences in Complex Insurance: State of the Law-Emerging Trends

Strafford Publications Teleconference

February 15, 2006  |  Washington, DC
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Employment Practices Liability Insurance

Palm Beach RIMS Chapter

November 10, 2005  |  Palm Beach, FL
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Facing the Demands of E-Discovery: An Update on Developing Case Law and Proposed Rule Changes

Strafford Publications

January 19, 2005  |  Washington, DC
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Ethics Seminar - The Attorney Disciplinary Process in New York

Presented at the Harvard Club

February 11, 2004  |  New York , NY
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Insurance Issues Confronting Larger Financial Institutions, Manufacturers and Service Providers, the Plaintiff's Attorney's Viewpoint - Policyholder's Right to Independent Counsel

Westchester Community College Center for Insurance Education

November 20, 2003  |  White Plains, NY
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Ethical Issues Relating to Tripartite Insurance Relationships - Conflicts of Interest in Tripartite Insurance Relationships

Anderson Kill & Olick, Philadelphia, Pennsylvania

November 18, 2003  |  Philadelphia, PA
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Insurance Coverage for Financial Institutions - Current Issues in Directors and Officers Liability Insurance

Anderson Kill & Olick, New Jersey

January 23, 2003  |  Newark, NJ
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Social Media and Life Insurance
Life Insurance News Blog
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Attorneys: Commercial Insureds Should Prepare for Delays, Denials on Sandy Claims
Property Casualty 360
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FEMA grant program helps LI firms move Long Island Business News
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Tiny bugs create outsized risks Business Insurance
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Insurance coverage eyed in Madoff claims The National Law Journal
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EDUCATION

George Washington University, J.D. with honors

Cornell University, B.S.

BAR ADMISSIONS

Massachusetts, New York, Vermont, Colorado, District of Columbia.

COURT ADMISSIONS

United States District Courts for the Southern and Eastern Districts of New York; the District of Nebraska; the District of Connecticut; the District of Vermont and the District of Massachusetts; the United States Courts of Appeals for the Eighth Circuit and the Second Circuit.