Nicholas M. Insua is a shareholder in the New Jersey office of Anderson Kill who focuses his practice on insurance recovery litigation and counseling. Nick also represents clients in business disputes outside the insurance coverage context.
In his insurance recovery practice, Nick represents policyholder clients in catastrophic first-party property damage and business interruption claims. He is co-author of Business Income Insurance Disputes, and a leading treatise on business interruption and time-element insurance issues. In his liability coverage work, Nick represents companies and executives under D&O and E&O policies. Nick has represented clients under general liability insurance policies for all manner of underlying claims; as well as claims under employment practices liability policies, inland marine insurance policies, and fidelity and crime policies. He has also worked on reinsurance arbitrations, including domestic and foreign confidential arbitrations.
In Nick’s commercial litigation practice, he has represented former business partners in disputes involving RICO and Lanham Act claims; a dispute between former corporate affiliates involving the interpretation of the former subsidiary’s distribution agreement; and disputes involving contractual and creditor rights.
Nick’s experience includes all phases of litigation, including trials and appeals. He has successfully gone to verdict for his clients on both jury and non-jury trials, an increasing rarity in contemporary commercial ligation. He has appeared in state and federal courts throughout the country, and has also represented numerous clients for insurance and commercial litigation matters in both state and federal appellate courts.
Nick is a frequent author and lecturer, who has been cited in court decisions including Am. Nat. Prop. & Cas. Co. v. Wyatt, 400 S.W.3d 417 (Mo. Ct. app. 2013); NGM Ins. Co. v. Carolina’s Power Wash & Painting, LLC, 2010 WL 146482 (D.S.C. Jan. 12, 2010); and In re Idleaire Tech. Corp., 2009 WL 413117 (Bankr. D. Del. Feb. 18, 2009). He has been a an Adjunct Professor at Seton Hall University School of Law, where he taught Commercial Law Survey, and a guest lecturer on Environmental Insurance Law at Rutgers School of Law – Camden. He is a former Chair of the Insurance Law Section of the New Jersey State Bar Association, and currently Co-Chair of its Newsletter.
Prior to rejoining Anderson Kill in 2019, Nick took a leadership role in pro bono practice at a major law firm. In his own pro bono practice, Nick has represented clients seeking asylum and other forms of relief from deportation, including in the U.S. Court of Appeals for the Third Circuit. After Superstorm Sandy, he worked with Volunteer Lawyers for Justice and other organizations to bring insurance coverage support to those in need. He drafted a manual focused on insurance coverage issues that was distributed to victims of the storm, and a second manual designed for lawyers assisting those victims. He also worked on and supervised nearly a dozen pro bono insurance coverage matters related to Sandy. In addition, Nick has handled impact pro bono litigation including teaming with the ACLU of New Jersey to overturn city ordinances that criminalized seeking food or monetary assistance. As a result of that litigation, the ordinances were eliminated and a donation was made to a local organization supplying meals and other services to the homeless. Nick is currently the Chair of the Pro Bono Committee of the New Jersey State Bar Association.
American Bar Association; New Jersey State Bar Association; Pennsylvania Bar Association; Morris County Bar Association.
Member, Advisory Committee NJ Law Journal - New Partner Forum 2012; CGL Reporter Editorial Board; Yale Latino Alumni Association.
Co-Chair, Excess & Umbrella Subcommittee, ABA Section of Litigation Insurance Coverage Litigation Committee; Legislative Chair (2010-2012); Secretary (2012-2013), Vice Chair (2013-2014), Chair (2014-2015), Insurance Law Section of the New Jersey State Bar Association; Vice-Chair (2017-2018), Pro Bono Committee, New Jersey State Bar Association.