Cort T. Malone is a shareholder in the New York and Stamford offices of Anderson Kill and is the Chair of the firm’s Biometric Liability Insurance Recovery Group. Cort is an experienced litigator, focusing on insurance coverage litigation and dispute resolution, with an emphasis on commercial general liability insurance, cyber insurance, employment practices liability insurance, advertising injury insurance, directors and officers insurance, and property insurance issues. He is also a member of the firm's Restaurant, Retail & Hospitality, Environmental Law, Cyber Insurance Recovery, and COVID Task Force groups.
Cort also possesses extensive commercial litigation experience, including arbitration and alternative dispute resolution relating to a variety of tort, contract, and regulatory disputes. While attending the Fordham University School of Law, Cort was a member of the Fordham Moot Court Board and garnered several awards for both oral argument and brief writing skills at various inter- and intra-school competitions. He spent five years teaching a first-year Legal Writing course as an adjunct professor at Fordham Law.
Cort's recent sample engagements include:
- Obtained insurance defense and indemnity contribution toward settlement of class action claims brought against transportation company for alleged violation of the Illinois Biometric Information Privacy Act (“BIPA”).
- Successfully procured insurance defense and settlement toward numerous underlying bodily injury claims against major micro-mobility transportation company.
- Negotiated and secured specially endorsed insurance coverage for COVID-19 related losses for nationwide hospitality company.
- Procured insurance reimbursement for multiple companies that suffered cyber hacking and ransomware losses.
- Achieved successful ADR insurance settlement on behalf of major publishing company related to underlying breach of contract and copyright infringement claims.
- Tried complex multi-site summary process action in Connecticut state court resulting in successful return of properties to a major commercial developer following argument before, and affirmance by, the Connecticut Supreme Court.
- Represented various policyholders to obtain coverage for environmental pollution liabilities, including trial and appeal leading to a jury verdict in favor of coverage for the State of California’s clean-up of the Stringfellow Acid Pits, and ground-breaking California Supreme Court ruling on pollution exclusion interpretation.
- Negotiated time-sensitive eight-figure insurance company contribution on behalf of real estate developer.
- Obtained insurance coverage on behalf of several manufacturers for claims alleging asbestos bodily injury, including via trials in multiple jurisdictions throughout the U.S. and a Wellington arbitration proceeding on behalf of a Trust created by the Bankruptcy Court.
- Represented various corporations in obtaining insurance coverage for governmental claims, including SEC and EEOC investigations and settlements.
- Successfully defended D&O policyholders against insurance company attempts to rescind insurance policies on the basis of alleged policyholder misrepresentations.
Professional MembershipsFederal Bar Council; American Bar Association, Advertising Injury Subcommittee of the Insurance Coverage Litigation Committee, co-chair; New York State Bar Association; Connecticut Bar Association