Recent News - Insurance Coverage


Krinick, Savino and Mascia Honored With Leadership In Law Awards From LIBN
November 17, 2017
NEW YORK – – Nov. 16, 2017 – Rivkin Radler is proud to announce that William M. Savino, Evan H. Krinick and Henry M. Mascia have each received a Leadership in Law award from Long Island Business News in the categories of Lifetime Achievement, Partner and Associate, respectfully. The awards recognize individuals who demonstrate dedication, …
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Jones, Monteleone, LaPorta and Korman Defeat Appellate Motion for Stay of Summary Judgment Award for Directors & Officers Insurer Pending Appeal of Same
November 14, 2017 | Michael J. Jones | Cheryl F. Korman | Joseph Monteleone | Anthony J. LaPorta | Insurance Coverage | Commercial Litigation | Appeals
Michael Jones, Joseph Monteleone, Anthony La Porta and Cheryl Korman defeated an insured’s efforts to obtain a stay of an award of summary judgment in favor of our client. Michael successfully argued to the trial judge that the former CEO of a defunct online video management company is not entitled to $5 million in insurance …
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Krinick Published in Insurance Coverage Law Report
October 30, 2017 | Insurance Coverage
Evan Krinick’s article, “Diverse Legal Issues Can Arise in Insurance Fraud Prosecutions,” which first appeared in the New York Law Journal, was published in the fall 2017 issue of FC&S Legal’s Insurance Coverage Law Report. To read the article, click here. …
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Troisi and Welch Present “Recurring Issues in Arson Investigation”
October 5, 2017 | Michael A. Troisi | Michael P. Welch | Insurance Coverage
Mike Troisi and Mike Welch presented on the topic of “Recurring Issues in Arson Investigations,” at a joint New York State Chapter of Special Investigative Units, Inc. (NYSSIU) and New York Anti-Car Theft & Fraud Association (NYACT) training meeting held on October 4, 2017 in Verona, New York. Training Flyer …
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17 Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 29, 2017 | Insurance Fraud | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation | Trusts & Estates
Uniondale, New York – October 2, 2017 – The prestigious Best Lawyers in America® has included Rivkin Radler LLP in its U.S. rankings for 2018.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows: Albany, …
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Rivkin Radler Attorneys Named As 2017 New York Metro Super Lawyers
September 19, 2017
Rivkin Radler LLP is pleased to announce that 20 attorneys were named to the 2017 New York Metro Super Lawyers List and 10 attorneys were named New York Metro Rising Stars. *Brian Bank – Business Litigation Todd M. Belous – Professional Liability: Defense *Michelle Bholan – Business Litigation Jonathan B. Bruno – Professional Liability:  Defense …
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Jones, Monteleone and LaPorta Win Summary Judgment for D&O Insurer
September 19, 2017 | Insurance Coverage | Directors & Officers Liability
Michael Jones, Joseph Monteleone and Anthony La Porta won summary judgment declaring that the former CEO of a defunct online video management company is not entitled to $5 million in insurance coverage under a D&O insurance policy issued to the company. The court also ruled that Hudson, the insurer, was entitled to reimbursement of the …
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Eagle and Engeldrum to present “Top 10 New York General Liability Coverage Decisions”
September 18, 2017 | Alan C. Eagle | Joanne M. Engeldrum | Insurance Coverage
Alan Eagle and Joanne Engeldrum will present a breakfast program entitled,”Top 10 New York General Liability Coverage Decisions,” at the Yale Club of New York on Friday, October 27, 2017 from 8-10 a.m. ABOUT THE PROGRAM: What New York insurance coverage decisions and issues have changed the paradigm for the insurance industry? How will these …
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Ovicher Co-Presents at Annual ICA Education Conference
September 13, 2017 | Julie Ovicher | Insurance Coverage
Julie Ovicher will be a co-presenter at the 108th Annual ICA Education Conference on September 18, to be held in San Diego, CA.  Julie’s session is entitled, “New York Circular Letter No. 1 — Its Impact and Recommendations for Compliance.” This session will examine the background which prompted the issuance of the Circular Letter, analyze …
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Gorfinkel Obtains Summary Judgment for Insurer Client
August 18, 2017 | Paul Gorfinkel | Insurance Coverage
Paul Gorfinkel obtained summary judgment in favor of our insurer client in a high-profile case in Connecticut.  The client had issued a homeowners insurance policy to a homeowner, whose basement walls were exhibiting pattern cracking.  The policyholder sought first-party coverage under the “collapse” provisions of the policy, but in a coverage action, the court found …
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Kotula, Levy and Maloney Win Summary Judgment for Insurer
July 17, 2017 | Insurance Coverage
In an action brought by a successive insurer for contribution against Fireman’s Fund Insurance Company to pay for pollution cleanup costs for a gasoline release from an underground storage tank at a gasoline service station, Michael Kotula, Larry Levy and Robert Maloney won summary judgment dismissing all claims against Fireman’s Fund with prejudice. After the …
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Valverde Discusses Military Experience with LIBN
July 11, 2017 | Insurance Coverage
Frank Valverde was interviewed for the Long Island Business News story, “An Officer and an Attorney.” The article reveals how military experience can contribute to an attorney’s success. Frank, a former specialist in the U.S. Army, credits the military for his decision to pursue a legal career. “As a young soldier, the skill you would …
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Kenigsberg’s Article Featured in IQ — The ICA Quarterly
July 10, 2017 | Privacy, Data & Cyber Law | Insurance Coverage
Jay Kenigsberg’s article, “Blockchain and Hype: Where Are We Today?”, appeared in the current issue of The IQ, a quarterly publication of the International Claim Association. To read the article, click here. …
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Krinick Published in Law Journal Newsletters
July 6, 2017 | Appeals | Commercial Litigation | Insurance Coverage
This month, Evan Krinick’s article, “Preet Bharara Highlighted Insurance Fraud,” originally published in the New York Law Journal, was published in Law Journal Newsletters. The New York Law Journal and Law Journal Newsletters are publications of ALM. To read the article, Click Here. …
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Don’t Go It Alone: Insurance For Intellectual Property Claims
July 5, 2017 | Intellectual Property | Insurance Coverage
Michael Cannata and Frank Misiti will be participating in the upcoming Nassau County Bar Association CLE program entitled, “Don’t Go It Alone: Insurance For Intellectual Property Claims.” The program will be held at the Nassau County Bar Association on July 18, from 5:30-6:30 PM and is accredited for one CLE credit in professional practice or …
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Troisi and Mann Victorious on Behalf of Hartford
June 27, 2017 | Insurance Coverage
Michael Troisi and Greg Mann secured summary judgment and complete dismissal of a complaint with prejudice on behalf of our client, Hartford Casualty Insurance Company, in an action for supplementary uninsured/underinsured motorists benefits under an automobile insurance policy. Plaintiff, a son of the named insured, alleged that he was entitled to SUM benefits in connection …
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New Jersey Appellate Division’s Recent Decision On The Net Opinion Rule
June 13, 2017 | Professional Liability | Commercial Litigation | Insurance Coverage
The New Jersey Appellate Division, in Satec, Inc. v. The Hanover Insurance Group, Inc., Docket No. A-5103-14T4 (App. Div. June 7, 2017) (approved for publication), addressed New Jersey’s net opinion rule in the context of an insurance broker malpractice claim.  Satec, a distributor of electricity measurement meters, filed suit against its insurance broker (and others) …
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Cannata and Misiti to Present at NYIPLA Seminar
June 9, 2017 | Insurance Coverage | Intellectual Property
Michael Cannata and Frank Misiti will be presenters at the upcoming New York Intellectual Property Law Association CLE seminar entitled, “Hot Topics in Trademark Law.” The event is being held at the Princeton Club in New York City on July 19, 2017. Michael and Frank will presenting, “Don’t Go At It Alone: Insurance for Intellectual …
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Rivkin Radler Recognized in Chambers USA 2017
May 26, 2017 | Health Services | Insurance Coverage
The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings.  The firm’s Insurance Coverage Practice Group is ranked in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group ranked in the Healthcare category. “It is an honor to be recognized by Chambers USA,” said Managing …
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Kenigsberg to Host Blockchain Roundtables
April 25, 2017 | Insurance Coverage
Jay Kenigsberg will be hosting two roundtable sessions on blockchain technology, focusing on its present and future impacts for the reinsurance industry at the ARIAS (AIDA Reinsurance & Insurance Arbitration Society) U.S. 2017 Spring Conference. The roundtables are part of the “Conversations That Matter: Emerging Risks — New and Evolving” event being conducted on May …
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Savino Gives Bitcoin Presentation to BRMA
April 24, 2017 | Insurance Coverage
William M. Savino presented “The ‘Value Internet’ and Virtual Currency: A New Digital Frontier” at the Brokers and Reinsurance Markets Association’s (BRMA) conference in Bonita Springs, Florida.  Bill discussed the insurance implications of Bitcoin, a form of cryptocurrency built on blockchain technology. The presentation served as an introduction to the Bitcoin Network, particularly as it …
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Richman, Versichelli Partner on Thomson Reuters Podcast
April 13, 2017 | Insurance Coverage | Medical Malpractice Defense
David Richman and Michael Versichelli were featured on the Legal Executive Institute’s second podcast in a series on telemedicine. This installment discusses telemedicine’s impact on healthcare, insurance and the law. Click here to listen. …
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Misiti & Gorfinkel Obtain Affirmance in Appellate Division
April 12, 2017 | Insurance Coverage
Frank Misiti and Paul Gorfinkel obtained an affirmance in the Appellate Division, Fourth Department of a declaratory judgment in Time Cap Development Corp. v. Colony Insurance Company, et al., v. Cincinnati Insurance Company, that an insurer was “wholly excess” to the insurance issued to a mutual insured for an underlying personal injury action.  The Fourth …
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CICLA Retains Ade to File Amicus Brief
April 6, 2017 | Complex Torts & Product Liability | Insurance Coverage
Brian Ade was recently retained by the Complex Insurance Claims Litigation Association (“CICLA”) to file an amicus brief with the Supreme Court of New Jersey in Continental Insurance Company, et als. v. Honeywell International, Inc., Docket No. 078152. The case involves allocation issues in the context of asbestos claims, and whether the trigger of coverage should …
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Ade Joins the Prestigious CLM
April 6, 2017 | Commercial Litigation | Complex Torts & Product Liability | Insurance Coverage
Brian Ade has been invited to join the CLM, a nonpartisan alliance comprised of thousands of insurance companies, corporations, corporate counsel, litigation and risk managers, claims professionals and attorneys. Through education and collaboration, the organization’s goals are to create a common interest in the representation by firms of companies, and to promote and further the highest …
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McAloon To Present At ABA TIPS Property Insurance Law Committee Spring Meeting
April 6, 2017 | Insurance Coverage
Sean McAloon will be presenting at the American Bar Association TIPS Property Insurance Law Committee Spring Meeting in Orlando, Florida on April 7, 2017.  The presentation is titled “Timing Triggers: The Written and Unwritten Rules” which will explore issues regarding when payments are due in the context of first-party property insurance claims under various contractual …
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LIBN quotes Savino in article entitled, “Appealing For Justice”
March 20, 2017 | Insurance Coverage
William Savino was quoted in a Long Island Business News article entitled, “Appealing For Justice.” In the March 17-23 article, written by Adina Genn, Bill discusses the overwhelming caseload of the New York Appellate Court and the need for a fifth department to alleviate the challenge. “When you have to wait two years to have your …
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Eagle Chairs and Presents at the New York State Bar Association’s Seminar entitled, “Updates and Hot Trending Topics Affecting Insurance Coverage”
March 16, 2017 | Insurance Coverage
On May 19, Alan Eagle will be chairing  the New York State Bar Association’s seminar entitled, “Updates and Hot Trending Topics Affecting Insurance Coverage” at the New York City session.  Additionally, Alan will be presenting at the Long Island session.  His program is entitled, “Top 10 General Liability Coverage Decisions.” This seminar will cover: Top 10 general …
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Smirti, Cannata & Misiti Secure Dismissal of Trade Dress and Trademark Infringement Lawsuit
March 10, 2017 | Insurance Coverage | Intellectual Property
Michael C. Cannata, Frank M. Misiti, and Stephen J. Smirti, Jr. successfully secured the dismissal of a hotly contested trade dress and trademark infringement lawsuit against the Firm’s client Sweaty Bands, LLC.  The lawsuit was filed in the U.S. District Court for the Southern District of New York by Sparkly Soul, Inc., a direct competitor in …
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Gordon, Spero, Farino and Kruglyak Participate as Preliminary Judges in the 25th Annual Duberstein Bankruptcy Moot Court Competition
March 7, 2017 | Bankruptcy | Insurance Coverage
On March 6, 2017, Stuart Gordon, Matthew Spero, Jeannine Farino and Viktoriya Kruglyak participated as Preliminary Judges in the Twenty-Fifth Annual Duberstein Bankruptcy Moot Court Competition this past weekend. The competition is widely recognized as one of the nation’s preeminent moot court competitions. More than 60 law school teams participate, making this the largest single …
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Kotula & Murray Present at ABA Program
March 6, 2017 | Insurance Coverage
On February 25, 2017, Michael Kotula and Anne Murray presented “When Good Allocation Jurisdictions Go Bad – Unsettling Developments In Allocation Law and What They Mean For Policyholders and Insurers” at the ABA’s 25th Annual Insurance Coverage Litigation Committee’s Mid-Year Program in Phoenix, Arizona. The New York Court of Appeal’s recent decision in Viking Pump …
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Cannata and Misiti Article Published in Intellectual Property & Technology Law Journal
March 6, 2017 | Insurance Coverage | Intellectual Property
Michael C. Cannata’s and Frank M. Misiti’s article entitled, “Starbucks Hits the Bong Designer In the Wallet,” was published in the February 2017 issue of the Intellectual Property & Technology Law Journal. Click here to read the article. …
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Mealey’s Publishes Article by Kenigsberg, Lewis and Savino
March 2, 2017 | Insurance Coverage | Professional Liability | Privacy, Data & Cyber Law
Jay Kenigsberg’s, Shari Claire Lewis’ and William Savino’s article entitled, “Blockchain for the Insurance Practitioner,” was published in Mealey’s Emerging Insurance Disputes and Mealey’s Litigation Report – Cyber Tech & E-Commerce. The article discusses the impact of a blockchain application, known as smart contracts, on the insurance industry. To read the full article, click here. …
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Robertelli Successfully Defends Pritchard Industries Inc., a Regional Janitorial Services Company
February 16, 2017 | Insurance Coverage
In a case brought by an employee working at a firm located in the Gateway in Newark, NJ who was purportedly injured in a common area there, John Robertelli obtained summary judgment and successfully argued that the accident occurred at a time and place when the facility’s janitorial services, under subcontractor, Pritchard, were not obligated …
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Ade and Pappas Secure Win before the New Jersey Appellate Division
February 14, 2017 | Insurance Coverage
Brian Ade and Alexander Pappas secured a win before the New Jersey Appellate Division for United Water New Jersey, Inc.  The Court affirmed summary judgment, agreeing that plaintiff failed to establish a prima facie case of negligence.  The Appellate Court agreed that plaintiff had not established our client owned the curb stop where plaintiff tripped, …
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Troisi, Riverso, and Welch Obtain Dismissal for Homeowners Insurer, Defeating Policyholder’s Estoppel Claim
February 6, 2017 | Insurance Coverage
Rivkin Radler partners, Michael Troisi, Pia Riverso, and Michael Welch, defeated a policyholder’s suit for breach of contract and bad faith on the basis that the policyholder’s claim was time-barred and was not subject to tolling.  The dispute arose from a retaining wall that was damaged a decade earlier.  The policyholder filed a claim with …
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Grover and Versichelli Win Dismissal of Plaintiff’s Bad Faith Claim
February 2, 2017 | Commercial Litigation | Insurance Coverage
Keith Grover and Michael Versichelli won dismissal of two causes of action against our client, State Farm, in a lawsuit for underinsured motorist benefits.  The Supreme Court granted State Farm’s pre-answer motion and dismissed plaintiffs’ second and third causes of action, for bad faith and breach of State Farm’s “absolute duties and obligations,” respectively.  The court …
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Rivkin Radler Secures Affirmance of Summary Judgment On Behalf of State Farm
February 2, 2017 | Appeals | Insurance Coverage
Rivkin Radler recently secured an affirmance of summary judgment from the United States Court of Appeals  for the Second Circuit in favor of State Farm Fire & Casualty Company, based on the insureds’ failure to comply with the policy condition that requires prompt reporting  of the loss. In this case the plaintiffs, Nikolai and Hartyun …
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Rivkin Radler Welcomes New Associate, Michael LiPetri
January 10, 2017 | Medical Malpractice Defense | General Liability | Insurance Coverage
Michael LiPetri is an Associate in Rivkin Radler’s General Liability, Insurance Coverage and Medical Malpractice Defense Practice Groups, where he represents landowners, landlords, and management companies in cases involving premises liability, construction accidents, and asbestos exposure, as well as, insurers in intricate coverage issues emerging out of homeowner and commercial insurance policies. Prior to joining Rivkin …
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Rivkin Radler Elects 6 New Partners
January 1, 2017 | Privacy, Data & Cyber Law | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability | General Liability | Insurance Coverage | Insurance Fraud | Intellectual Property
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Avigael Fyman, Ryan Goldberg, Matthew Lampert, Robert Maloney, Sean McAloon and Frank Misiti have been elected Partners. “These attorneys are exceptionally talented, and we are proud to call them our partners.  In addition to their impressive legal accomplishments, they are active …
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Leno, Savino and Weissman Close on Acquisition of Nassau County land by Memorial Hospital for Cancer and Allied Diseases
December 29, 2016 | Insurance Coverage | Real Estate, Zoning & Land Use
After a year and meeting a year-end deadline, resulting in considerable tax savings for the client, Stephen Weissman, William Savino and David Leno closed on the acquisition of Nassau County land by Memorial Hospital for Cancer and Allied Diseases for a purchase price of $6.5 million. …
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Rivkin Radler Hosts NYIPLA Program on Lanham Act Damages
November 14, 2016 | Insurance Coverage | Intellectual Property
On November 10, 2016, the New York Intellectual Property Law Association’s Trademark Law and Practice Committee hosted a panel discussion at Rivkin Radler LLP’s Long Island office entitled “Show Me The Money! A Primer on Lanham Act Damages.” The panel members included Dana Trexler Smith, a partner in the Forensic, Litigation and Valuation Services Group …
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Cannata and Misiti publish article in New York Intellectual Property Law Association’s “The Report”
October 24, 2016 | Insurance Coverage | Intellectual Property
Michael Cannata and Frank Misiti have written an article entitled, “Infringement of Adult Images Ex(xx)ed Out of Coverage,” which was published in the New York Intellectual Property Law Association’s August/September 2016 issue of “The Report.” Click here to read the article. …
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Tolle, Kenigsberg & Ovicher to Present at ICA Conference
October 14, 2016 | Insurance Coverage
Norman Tolle, Jay Kenigsberg and Julie Ovicher will each present at the International Claims Association’s 107th Annual Education Conference in Orlando, Florida to be held October 15-19, 2016. For more information on the Conference, click here. …
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Rivkin Radler Attorneys Named As 2016 New York Metro Super Lawyers
October 11, 2016 | Construction | Health Services | Insurance Coverage | Commercial Litigation | Bankruptcy | Professional Liability | Real Estate, Zoning & Land Use | Compliance Investigations & White Collar | Appeals
UNIONDALE, NY – Rivkin Radler LLP is pleased to announce that twenty attorneys were named to the 2016 New York Metro Super Lawyers List and five attorneys were named as New York Metro Rising Stars. Being named a Super Lawyer is a tremendous honor reserved for only the top 5% of all lawyers in a …
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Kotula and Tugander Victorious in Asbestos Insurance Coverage Dispute
October 4, 2016 | Insurance Coverage
The United States District Court for the Northern District of New York awarded our clients, Unigard Insurance Company and QBE Americas, Inc., full summary judgment in an asbestos insurance coverage dispute, finding that Troy Belting had failed to meet its burden of proving the terms and conditions of 25 years’ worth of allegedly missing primary …
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Welch, McAloon and Mann Obtain Summary Judgment
October 4, 2016 | Insurance Coverage
Michael Welch, Sean McAloon, and Greg Mann obtained a complete dismissal of a complaint seeking extra-contractual damages brought against our client, an automobile insurance company.  Plaintiffs alleged that that they were entitled to damages in excess of $200,000.00 for breach of contract under a policy of automobile collision insurance based upon the carrier’s refusal to …
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Gorfinkel and LaPorta Save Client Millions
September 30, 2016 | Insurance Coverage
The New Jersey federal court in Castoro v. Sentry Ins. Co. et al. has granted a motion for partial summary judgment made on behalf of our client Sentry Insurance Co. by Paul Gorfinkel and Anthony LaPorta.  The case involves insurance coverage for cleaning up a contaminated site in West Windsor, New Jersey, owned by Sentry’s …
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Welch and Feinman Obtain Pre-Answer Dismissal
September 9, 2016 | Insurance Coverage
Michael Welch and Matthew Feinman obtained a complete dismissal of a complaint brought against our client, an automobile insurance company.  In granting the motion to dismiss, the court adopted each of our arguments that plaintiff’s action was time-barred by the insurance policy’s one year suit limitation provision, and that plaintiff had failed to state a …
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Welch speaker at NYSBA’s 2016 Law School for Insurance Professionals
September 8, 2016 | Insurance Coverage
Michael Welch will be a speaker at the New York State Bar Association’s 2016 Law School for Insurance Professionals program.   This program will explore topics that confront insurance professionals daily.  New York attorneys will provide insights and updates on current legal issues that the savvy insurance professional won’t want to miss. Michael’s session is entitled, …
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