Insurance Coverage

Versichelli and Misiti Obtain Summary Judgment
July 13, 2018 | Commercial Litigation | Insurance Coverage
Michael Versichelli and Frank Misiti obtained summary judgment dismissing claims against State Farm Mutual Automobile Insurance Company for defense and indemnification of an underlying wrongful death/personal injury judgment in the amount of $2.976 million The underlying lawsuit arose out of a motor vehicle accident whereby the insured’s daughter was following the insured (her mother) in …
Read More
LIBN Article on EPL Insurance Coverage Quotes Green
June 11, 2018 | Employment & Labor | Insurance Coverage
Scott Green was quoted in a June 8, 2018, Long Island Business News story discussing how harassment cases in the news have shined a spotlight on the need for employment practices liability (EPL) insurance. Scott noted that, in addition to an EPL insurance policy, employers should take steps to ensure that that the workplace does …
Read More
Ade and Del Pizzo Named to Bergen’s Top Lawyer List for 2018
June 7, 2018 | Privacy, Data & Cyber Law | Commercial Litigation | Complex Torts & Product Liability | Insurance Coverage | Intellectual Property
HACKENSACK, NJ  – – Rivkin Radler LLP is pleased to announce that Brian Ade and Nancy A. Del Pizzo have been named two of Bergen’s Top Lawyers for 2018 by (201) Magazine.  The Bergen’s Top Lawyers list is based on a peer-reviewed survey conducted by Professional Research Services of Troy, Mich. The survey was sent …
Read More
Troisi, Korman, Mascia and Bholan Secure Important Appellate Victory
June 4, 2018 | Insurance Coverage | Appeals
Rivkin Radler secured a victory in the first appellate case to interpret Insurance Law § 3408(c) since a 2014 amendment. Under § 3408(c), a property insurer or an insured can demand that appraisers selected by the parties decide disagreements over the amount of the loss. Typically, insurers argue that an appraisal is confined to an …
Read More
Alan S. Rutkin Recognized in Who’s Who Legal: Insurance & Reinsurance 2018
May 10, 2018 | Insurance Coverage
Alan S. Rutkin has been named to the Who’s Who Legal: Insurance & Reinsurance 2018 directory.  Alan, a partner in the firm’s Insurance Coverage and Privacy, Data & Cyber Law practice groups, is one of only 674 attorneys across 52 jurisdictions to be recognized in this prestigious publication. Who’s Who Legal, commenting on his inclusion, …
Read More
Eagle Chairs NYSB’s Insurance Coverage Program
May 7, 2018 | Insurance Coverage
Alan Eagle will be chairing the New York Bar Association’s Insurance Coverage program in New York City on May 18, 2018, entitled “Insurance Coverage: A Glimpse Forward and a Glance Back.”  Alan put together a panel of  leading insurance lawyers who will be presenting on a number of topics, and he will be presenting on …
Read More
Rivkin Radler Recognized in Chambers USA 2018
May 4, 2018 | 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 has moved from Band 4 to Band 3 in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group ranked in Band 4 in the Healthcare category. Firm partner William …
Read More
Kotula and Buckley Victorious in Significant Product Liability Coverage Case
May 3, 2018 | Insurance Coverage
The United States District Court for the Middle District of Pennsylvania awarded our client, Great American Assurance Company, full summary judgment in an insurance coverage dispute concerning an underlying liability suit, finding that there was no occurrence resulting in property damage to trigger the insurance.  In Sapa Extrusions, Inc. v. Liberty Mutual Ins. Co., Case …
Read More
Savino Gives Crypto Currency Update Presentation to BRMA
April 18, 2018 | Insurance Coverage
William Savino presented “’CryptoMania’ an Update: The New Digital Currency Frontier – Bubble or Boom? You Decide” at the Brokers and Reinsurance Markets Association (BRMA) on April 9. The presentation, which served as an update to a presentation Bill gave to BRMA in 2017, covered bitcoin as it finds its place in our system of …
Read More
Rivkin Radler Attorneys Named 2018 New Jersey Super Lawyers
March 19, 2018 | Brian R. Ade | Nancy A. Del Pizzo | Gene Y. Kang | Privacy, Data & Cyber Law | Commercial Litigation | Insurance Coverage | Intellectual Property
HACKENSACK, NJ  – – Rivkin Radler LLP is pleased to announce that Brian Ade, Nancy A. Del Pizzo and Gene Kang have been named 2018 New Jersey Super Lawyers.  Ade was named a Top Rated Products Liability Attorney; Del Pizzo was named a Top Rated Intellectual Property Litigation Attorney; and Kang was named a Rising …
Read More
Valverde Obtains Summary Judgment in Insurance Coverage Dispute
| Frank A. Valverde | Insurance Coverage
In a Decision and Order dated February 21, 2018, Frank Valverde obtained summary judgment declaring that our insurance client owes no coverage in a hotly contested insurance coverage dispute involving additional insured issues and the application of a contracted persons exclusion to employees of upstream contractors.  Insurance coverage had been sought for an underlying action …
Read More
Grill and Welch Awarded Strict Liability
February 14, 2018 | David M. Grill | Michael P. Welch | Commercial Litigation | Construction | Insurance Coverage
David M. Grill and Michael Welch obtained a significant victory on behalf of their client who owns a residential property in Brooklyn. Specifically, they were awarded partial summary judgment for the client on the issue of an adjoining property owner’s strict liability. The award was pursuant to New York City Building Code § 3309.4, for …
Read More
Kotula to Speak at DRI’s Insurance Coverage and Claims Institute
February 12, 2018 | Michael A. Kotula | Insurance Coverage
Michael Kotula will be a speaker at DRI’s Insurance Coverage and Claims Institute Seminar, which takes place March 21-23 in Chicago, Illinois. What you will learn: Insights on when independent counsel is required and when it is not Strategies for using policy provisions to obtain the information to which an insurer is entitled Approaches for …
Read More
Linker Published in DRI’s Feature of the Week
February 8, 2018 | Insurance Coverage
Ian Linker’s article, “ERISA’s Preemption of Discretionary Clause Bans: A Lost Clause?” was this week’s feature article in DRI’s Newsletter – The Voice. To read the article click here. …
Read More
Gurdus Presenting CLE for NCBA
January 3, 2018 | Insurance Coverage
Jason Gurdus will be presenting a Dean’s Hour CLE for the Nassau County Bar Association on January 30, 2018 on the topic of “New York Insurance Construction Defects.” The Dean’s Hour, hosted by Michael Cannata and Frank Misiti, co-chairs of the NCBA’s Insurance Law committee, will feature a talk highlighting insurance coverage considerations in connection with construction …
Read More
Grover and Versichelli Win Dismissal of Plaintiff’s Bad Faith Claim
December 15, 2017 | Insurance Coverage
Keith Grover and Michael Versichelli recently won dismissal of two causes of action against our client, State Farm, in a lawsuit for underinsured motorist benefits in the Supreme Court, Nassau County.  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 …
Read More
Jones, Monteleone, LaPorta and Korman Defeat Appellate Motion for Stay of Summary Judgment
November 14, 2017 | Michael J. Jones | Cheryl F. Korman | Appeals | Commercial Litigation | Insurance Coverage
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 …
Read More
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. …
Read More
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 …
Read More
17 Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 29, 2017 | Trusts & Estates | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage | Insurance Fraud
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, …
Read More
Jones, Monteleone and LaPorta Win Summary Judgment for D&O Insurer
September 19, 2017 | Directors & Officers Liability | Insurance Coverage
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 …
Read More
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 …
Read More
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 …
Read More
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 …
Read More
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 …
Read More
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 …
Read More
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. …
Read More
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. …
Read More
Don’t Go It Alone: Insurance For Intellectual Property Claims
July 5, 2017 | Insurance Coverage | Intellectual Property
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 …
Read More
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 …
Read More
New Jersey Appellate Division’s Recent Decision On The Net Opinion Rule
June 13, 2017 | Insurance Coverage | Professional Liability | Commercial Litigation
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) …
Read More
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 …
Read More
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 …
Read More
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 …
Read More
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 …
Read More
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. …
Read More
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 …
Read More
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 …
Read More
Ade Joins the Prestigious CLM
| 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 …
Read More
McAloon To Present At ABA TIPS Property Insurance Law Committee Spring Meeting
| 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 …
Read More
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 …
Read More
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 …
Read More
Smirti, Cannata & Misiti Secure Dismissal of Trade Dress and Trademark Infringement Lawsuit
March 10, 2017 | Intellectual Property | Insurance Coverage
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 …
Read More
Gordon, Spero, Farino and Kruglyak Participate as Preliminary Judges in the 25th Annual Duberstein Bankruptcy Moot Court Competition
March 7, 2017 | Insurance Coverage | Bankruptcy
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 …
Read More
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 …
Read More
Cannata and Misiti Article Published in Intellectual Property & Technology Law Journal
| 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. …
Read More
Mealey’s Publishes Article by Kenigsberg, Lewis and Savino
March 2, 2017 | Privacy, Data & Cyber Law | Professional Liability | Insurance Coverage
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. …
Read More
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 …
Read More
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, …
Read More
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 …
Read More

Legal updates and news delivered to your inbox