Raymond A. Mascia Jr. is a shareholder in Anderson Kill’s New York office and a member of the firm’s Insurance Recovery Group and COVID Task Group. Ray represents corporate and governmental policyholders in all types of insurance recovery matters, including matters involving D&O coverage, professional liability coverage, general liability coverage, environmental and asbestos claims, commercial crime insurance, and first-party property and business interruption losses arising from natural disasters and other perils. Over the course of his career, Ray has recovered hundreds of millions of dollars in insurance proceeds for policyholders.
In 2020, Law360 recognized Ray as a Rising Star in the practice area of Insurance, selecting Ray as 1 of 176 attorneys nationwide. The award recognizes those “attorneys under 40 whose legal accomplishments transcend their age.” In addition, The Legal 500 USA recognized Ray as a Next Generation Partner in 2020 and as a Rising Star in 2019 while ranking Anderson Kill’s Insurance Recovery Group as one the nation’s top practices in the category of Insurance: Advice to Policyholders.
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Ray regularly writes on insurance topics and is a frequent lecturer on insurance coverage issues nationwide, including at insurance conferences and meetings convened by the Risk and Insurance Management Society and the New York City Bar Association.
Ray also has made significant contributions to public service during his career. He left the firm briefly in 2013 to serve a two-year clerkship for the Honorable Joanna Seybert of the U.S. District Court for the Eastern District of New York. Prior to joining the firm, he served as a judicial intern to the Honorable A. Kathleen Tomlinson of the U.S. District Court for the Eastern District of New York and the Honorable Daniel A. Angiolillo of the New York Appellate Division, Second Department.
During law school, Ray served as Editor-in-Chief of both the St. John’s Law Review and the Journal of Catholic Legal Studies. Ray graduated on the Dean’s List and received the Chief Judge Edward D. Re Commencement Prize for outstanding scholarship and service to the law school.
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- Named Next Generation Partner by The Legal 500 USA in 2020.
- Named Rising Star in Insurance by Law360 in 2020.
- Named Rising Star by The Legal 500 USA in 2019.
- Recipient of the Chief Judge Edward D. Re Commencement Prize in 2009.
- New York City Bar Association
- Committee Member, Insurance Law Committee of the New York City Bar Association
INSURANCE COVERAGE
Directors & Officers
- Represented private equity fund and individual insureds in insurance coverage dispute involving so-called “uninsurability” and “disgorgement” defenses.
- Represented pharmaceutical company and individual insureds regarding insurance coverage for federal securities lawsuit.
- Represented director of software provider regarding insurance coverage for defense costs for federal securities lawsuit.
- Represented pharmaceutical company and individual insureds regarding insurance coverage for underlying personal injury action.
Environmental and Asbestos Liabilities
- Obtained final judgment order that policyholder was entitled to recover attorneys’ fees and expenses incurred in successfully defending against AIG’s lawsuit attempting to free itself from its policy obligations. Am. Home Assur. Co. v. Port of Auth. of N.Y. & N.J., No. 651620/2012, 2019 WL 3501562 2019 (N.Y. Sup. Ct. N.Y. Cnty. 2019).
- Obtained summary judgment and appellate court order holding that insurance policy is triggered for asbestos personal injuries if the injuries arise out of construction operations at the original World Trade Center-Hudson Tubes Project regardless of when the injury became apparent; that all asbestos personal injuries arising out of fireproofing installation were not a single occurrence; and that AIG must continue to defend the entirety of asbestos personal injury claims. Am. Home Assurance Co. v. Port Auth. of N.Y. & N.J., No. 651620/2012, 2017 WL 5890776 (N.Y. Sup. Ct. N.Y. Cnty. 2017), aff’d, 166 A.D.3d 464 (1st Dep’t 2018).
- In an issue of first impression under Oregon law, obtained summary judgment that the “sudden and accidental” exception to the pollution exclusion is evaluated from the perspective of the policyholder (as distinct from the intent and expectations of an uninsured third party who may have caused the release of a contaminant). Siltronic Corp. v. Emp’s Ins. Co.of Wausau, et al., No. 3:2011-cv-01493 (D. Or. 2018).
- Obtained summary judgment that the duty to defend extends to an entire complaint alleging covered claims notwithstanding allegations of injury at uncovered locations. Am. Home Assurance Co. v. Port Auth. of N.Y. & N.J., No. 651096/2012, 2013 WL 4734501 (N.Y. Sup. Ct. N.Y. Cnty. 2013).
Property Insurance
- Represented retail chain regarding insurance coverage for business interruption losses arising out of Hurricane Harvey.
- Represented energy company in litigation concerning coverage for property damage and business interruption.
- Represented general contractor in litigation concerning insurance coverage for property damage and delay in opening coverage under builder’s risk insurance policy.