Insurance Recovery Attorney | Anderson Kill P.C.

Carrie Maylor DiCanio

Managing Shareholder (Branch)
Denver | New York

Carrie Maylor DiCanio is the managing shareholder of Anderson Kill’s Denver office and a shareholder in the firm’s New York office.  Carrie is a member of the firm's insurance recovery, commercial litigation and COVID Task groups, and co-chair of Anderson Kill's Women's Network.  Carrie was selected as one of forty nationwide winners, and the sole policyholder attorney, of the Business Insurance 2018 Break Out AwardThe award recognizes the next generation of leaders in insurance.  Also in 2018, Law360 named Carrie a Rising Star in Insurance.  Benchmark Litigation has selected Carrie for inclusion in Benchmark's 40 & Under Hot List in 2018, 2019 and 2020.

Carrie has recovered valuable insurance proceeds for corporate policyholders in litigation throughout the United States and advised clients extensively on pre-litigation insurance matters. Carrie has litigated and arbitrated claims involving a range of insurance policies, including representations and warranties, D&O, E&O, CGL, environmental, and property. Carrie's non-insurance litigation work focuses on antitrust and securities.

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Professional Memberships

National Association of Women Lawyers;  New York Women's Bar Association; Financial Women's Association; New York County Lawyers Association; New York State Bar Association.

 

INSURANCE COVERAGE

Directors & Officers

  • Representation of global retailer with respect to coverage for class actions and government investigations related to alleged violations of federal anti-corruption statute.
  • Representation of financial company with respect to coverage for class actions concerning alleged breach of fiduciary duty.
  • Representation of CEO of investment firm in litigation to recover costs arising out of government investigation.

Environmental

  • Representation of global products supplier in insurance coverage litigation concerning asbestos bodily injury claims.  Travelers Cas. & Sur. Co. v. Alfa Laval Inc., 100 A.D.3d 451 (1st Dep’t 2012) (insurance company must provide “complete defense” to policyholder and defeated insurance company’s appeal of the trial court’s decision).
  • Representation of thread company in litigation concerning insurance coverage for environmental remediation of river.
  • Representation of municipal board of public works in litigation concerning coverage for defense of underlying action alleging physical injury caused by air pollutants allegedly emitted from power plant.
  • Representation of consumer products company with regard to coverage for asbestos bodily injury claims.

Product Liability

  • Representation of global industrial technology company against insurance company’s claim to recoup defense costs paid to defend product liability action. Valley Forge Ins. Co. v. Fisher Klosterman, Inc., No. 1:14-cv-792, 2016 U.S. Dist. LEXIS 55485 (S.D. Ohio Apr. 26, 2016) (defeated insurance company’s motion to dismiss counterclaim for bad faith and punitive damages).
  • Representation of pharmaceutical company in litigation concerning products-completed operations hazard coverage for property damage allegedly caused by animal feed additive. Phibro Animal Health Corp. v. National Union Fire Ins. Co., No. A-5589-13T3, 2016 N.J. Super. LEXIS 97 (App. Div. July 14, 2016) (economic loss doctrine does not bar policyholder’s claim for insurance coverage for loss arising from stunted chicken growth).

Property Damage

  • Representation of energy infrastructure company in litigation concerning coverage for property damage and business interruption. National Union Fire Ins. Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (1st Dep’t 2014) (insurance company cannot withhold pre-denial claims file materials as privileged).
  • Representation of quasi-governmental agency in litigation concerning coverage for property damage arising from Superstorm Sandy.
  • Representation of general contractor in litigation to recover loss arising out of subcontractor’s defective work on bus depot.

ANTITRUST AND SECURITIES

  • Representation of global manufacturer against claim for price-fixing.
  • Representation of telecommunications company against class action alleging price-fixing of application-to-person text messages.
  • Representation of hedge fund with regard to claims against securities broker arising from investment in Chinese company.
  • Representation of hedge fund investors with respect to dispute concerning the redemption of shares.
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Avoiding Coverage Denials Based on "Other Insurance"
Risk Management Magazine (RMM) | March 29, 2022
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Private Companies Also Need D&O Insurance
Corporate Counsel Business Journal | October 29, 2021
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Key Considerations for Private Company and D and O Insurance
Risk Management Magazine (RMM) | June 24, 2021
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Insurance Coverage for Businesses Affected by Civil Unrest
Risk Management Magazine | June 15, 2020
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Insurance Coverage for Civil Unrest
Policyholder Advisor & Alert | June 05, 2020
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5 things to know about transaction liability insurance
Property Casualty 360 | July 09, 2018
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Battle Lines Drawn Over Coverage For Opioid Litigation
Corporate Counsel Business Journal | July 06, 2018
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Insurance Broker Liability: A Tale of Two States
The New York Law Journal | April 05, 2018
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A Guide to Transaction Liability Insurance
Risk Management Magazine | March 01, 2018
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Will Directors and Officers Have Insurance Coverage for Opioid Claims?
Pharmaceutical Law & Industry Report | February 23, 2018
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D&O Insurance for Cryptocurrency Litigation
Policyholder Advisor & Alert | February 15, 2018
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Yes, Your D&O Policies Cover FCPA Defense
Metropolitan Corporate Counsel | October 11, 2016
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Attorneys' Eyes Only? Confidential? Really?
NYLitigator magazine | October 04, 2016
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Confidentiality Agreements: Two Lurking Problems
Commercial Litigation Advisor & Alert | May 09, 2016
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Identifying Insurance Coverage for Riot Damage
Risk Management | June 02, 2015
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TRIA Reauthorized: Triggers and Retentions Raised
Policyholder Advisor & Alert | January 28, 2015
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10 Tips for Getting Claims Paid
Metropolitan Corporate Counsel | May 20, 2014
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Liberating Coverage for Libor-Related Lawsuits and Investigations
Policyholder Advisor & Alert | July 24, 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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On January 1, 2009 the ADA Amendments Act of 2008 Became Effective
Human Resources 10/11, Annual Editions (McGraw-Hill 2010) | January 01, 2010
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Insurance Coverage for Mass Tort Litigation
Thomson Reuters | June 01, 2009
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Recalibrating Depravity in a Feingold Regime: Why New York Courts Should Maintain Register’s Approach to Depraved Indifference in Cases of Murder by Abuse
29 Cardozo L. Rev. 405 | January 01, 2007
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Arbitrations in Representation and Warranty (Rep. and Warranty) Insurance; Understanding the Unique Issues

NYSBA Dispute Resolution Section Insurance Dispute Committee Program

January 23, 2023  |  New York, NY
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Builder's Risk: Handling Common Issues & Claims

SCL - North America, CMAA and AACE

December 07, 2022  |  Lone Tree, CO
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Maximizing Insurance Coverage for Those Impacted by the Marshall Fire

Boulder County Bar Association

January 28, 2022  |  Denver, CO
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Baffling Issues that Arise in Insurance Mediations (and How to Get Past Them)

The Insurance Dispute Committee

December 15, 2021  |  Denver, CO
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Emerging Trends in Representations and Warranties Insurance

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

November 06, 2019  |  New York, NY
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Hot Topics in Representation & Warranties Insurance

Lawline

May 21, 2019  |  New York, NY
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5 Things Every Risk Manager Should Know about Representations and Warranties Insurance

2019 RIMS National Conference

April 30, 2019  |  Boston, MA
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The Digital Transformation Driving Data Center Development

Professional Women in Construction, National Association

May 17, 2018  |  New York, NY
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Blockchain Technology and Litigation Risk: When Good Ledgers Go Bad

New York RIMS Chapter

March 15, 2018  |  New York, NY
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Sexual Harassment

Benjamin Cardozo School of Law - Cardozo Women

January 17, 2018  |  New York, NY
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Insurance Recovery for Environmental Liabilities: Navigating Occurrences, Triggers, Exclusions and Covered Damages

Anderson Kill's 21st Annual Policyholder Advisor Conference "Maximizing Your Insurance Recovery"

November 09, 2017  |  New York, NY
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Not Your First Rod&o? What's Next in D&O Liability and Insurance

Anderson Kill's 21st Annual Policyholder Advisor Conference "Maximizing Your Insurance Recovery"

November 09, 2017  |  New York, NY
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Celebrate the Relaunch of Cardozo Women

Benjamin N. Cardozo School of Law

October 04, 2017  |  New York, NY
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Marine Cargo Insurance: Basics & Complexities

Lawline

May 02, 2017  |  New York, NY
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Everything a Risk Manager Needs to Know about D&O Insurance

NY RIMS Chapter

January 19, 2017  |  New York, NY
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2015 Top Ten Issues in D&O Liability and Insurance

Anderson Kill's 19th Annual Policyholder Advisor Conference 'Maximizing Your Insurance Recovery'

October 29, 2015  |  New York, NY
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What you need to D-and-Know about Directors and Officers Insurance

Anderson Kill's 12th Annual D&O Conference

March 12, 2015  |  New York, NY
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What Every Attorney Needs to Know About Insurance Coverage

MNACCA In-House Counsel Conference

June 14, 2012  |  Minneapolis, MN
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Emerging Legal Issues in Insurance Risk Management

PERK RIMS Greater Kansas City Chapter

November 11, 2011  |  Overland Park, KS

EDUCATION

Benjamin N. Cardozo School of Law, J.D.
Editor-in-Chief, Cardozo Law Review

Vassar College, B.A., with Honors in History

BAR ADMISSIONS

New York and Colorado

COURT ADMISSIONS

United States District Court for the Southern District of New York; United States District Court for the Eastern District of New York; United States District Court for the Eastern District of Michigan; United States Court of Appeals for the Second Circuit; United States District Court for the District of Colorado; United States District Court for the Western District of Pennsylvania.