Recent News - Michael A. Kotula


Rivkin Radler Attorneys Named As 2020 New York Metro Super Lawyers
October 28, 2020 | Professional Liability | Medical Malpractice Defense | Insurance Coverage | Health Services | General Liability | Employment & Labor | Construction | Commercial Litigation | Bankruptcy | Appeals | Compliance Investigations & White Collar | Trusts & Estates | Real Estate, Zoning & Land Use
UNIONDALE, NY – Rivkin Radler LLP is pleased to announce that 23 attorneys were named to the 2020 New York Metro Super Lawyers List and 13 attorneys were named 2020 New York Metro Rising Stars. Following is a list of attorneys, the practice areas for which they were recognized, and the years they were included …
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18 Rivkin Radler Attorneys Named to Best Lawyers in America© – 4 Named ‘Lawyer of the Year’
August 26, 2020 | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation | Appeals | Trusts & Estates | Real Estate, Zoning & Land Use
Uniondale, New York – August 26, 2020 – The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2021. For the first time, four Rivkin attorneys, all based in the firm’s Long Island office, have been named Lawyer of the Year: Attorney                                Practice Area Barry I. Levy                           Litigation-Health …
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The Legal 500 Again Recognizes Rivkin Radler
June 11, 2020 | Insurance Coverage
Uniondale, New York – The prestigious Legal 500 has for the second time recommended Rivkin Radler LLP’s Insurance Coverage Practice Group in its U.S. rankings.   The practice is recommended in the “industry focus: insurance – advice to insurers” category. In addition, The Legal 500 recommends the following four Rivkin attorneys: Alan S. Rutkin, Michael A. …
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Kotula, Levy, and Minarovich Obtain Summary Judgment
June 5, 2020 | Insurance Coverage
Michael Kotula, Larry Levy, and Siobhain Minarovich recently obtained summary judgment in the United States District Court for the District of Connecticut. The Court ruled that our client, an excess insurer, did not have to “drop down” and provide coverage in place of an underlying insolvent insurer. The insured argued that our client had to pay …
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3rd Circuit Affirms Summary Judgment Victory in High-Exposure Coverage Case
September 17, 2019 | Complex Torts & Product Liability | Insurance Coverage
The Third Circuit affirmed an award of summary judgment that product liability claims alleging faulty workmanship do not amount to an “occurrence” under insurance policies that define an “occurrence” as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” The decision represents a victory to Great American Assurance Company and …
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18 Rivkin Radler Attorneys Named to Best Lawyers in America®
August 15, 2019 | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation | Appeals | Trusts & Estates | Real Estate, Zoning & Land Use
Uniondale, New York – August 15, 2019 – The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2020.  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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New York Appellate Court Affirms that Insurance Companies Seeking Contribution Must Timely Notify Successive Insurers If Their Mutual Policyholder Failed to Do So
June 13, 2019 | Insurance Coverage
Today, New York’s Third Department, Appellate Division affirmed an award of summary judgment dismissing third-party claims for contribution against two Fireman’s Fund insurance companies, American Automobile Insurance Co. and National Surety Corp. The decision makes New York’s late notice “no-prejudice” rule, which requires no showing of prejudice to an insurer in a late notice situation, …
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The Legal 500 Recognizes Rivkin Radler
May 29, 2019 | Insurance Coverage
The prestigious Legal 500 has for the first time recommended Rivkin Radler LLP’s Insurance Coverage Practice Group in its U.S. rankings.  The practice is recommended in the “industry focus – insurance – advice to insurers” category. In addition, The Legal 500 recommends the following four Rivkin attorneys: Alan S. Rutkin, Michael A. Kotula, William M. …
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Chambers and Partners Recognizes Rivkin Radler
April 25, 2019 | Insurance Coverage | Health Services
Uniondale, New York – April 25, 2019 – 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 Band 3 in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group ranked in Band 4 in the …
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Kotula and Jones Win Summary Judgment in Construction Defect Coverage Case
September 13, 2018 | Insurance Coverage
A New Jersey state court awarded our insurer client, Interstate Fire and Casualty Co., summary judgment, dismissing with prejudice claims for defense and indemnity in a construction defect coverage action. In First Specialty Ins. Co. v. Interstate Fire & Cas. Co., Docket No. L-996-16 (N.J. Super. Mercer Cty. Sept. 4, 2018), the insured, American Properties …
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Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 10, 2018 | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation | Appeals | Trusts & Estates
The prestigious Best Lawyers® in America has included Rivkin Radler LLP in its U.S. rankings for 2019. Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The recognized lawyers and the categories of law in which they are listed, are as follows: Brian Bank – Insurance Law Brian S. Conneely – Employment Law …
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16 Rivkin Radler Attorneys Named to Best Lawyers in America®
August 15, 2018 | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation | Appeals | Trusts & Estates
Uniondale, New York – August 15, 2018 – 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 Recognized in Chambers USA 2018
May 4, 2018 | Insurance Coverage | Health Services
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 …
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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 …
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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 …
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17 Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 29, 2017 | Trusts & Estates | Insurance Fraud | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation
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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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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Rivkin Radler Recognized in Chambers USA 2017
May 26, 2017 | Insurance Coverage | Health Services
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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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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Rivkin Radler Attorneys Named As 2016 New York Metro Super Lawyers
October 11, 2016 | Professional Liability | Real Estate, Zoning & Land Use | Insurance Coverage | Health Services | Construction | Commercial Litigation | Bankruptcy | Appeals | Compliance Investigations & White Collar
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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Kotula Appointed to the Standing Committee on Ethics and Professionalism of the ABA TIPS Section
July 14, 2016 | Insurance Coverage
Michael Kotula has been appointed a member of the Standing Committee on Ethics and Professionalism of the American Bar Association’s TIPS section, and an editor of the TIPS Law Journal for 2016-2017.  Michael is also the immediate past chair of the Excess, Surplus Lines and Reinsurance general committee of ABA TIPS. Since 1908 the Association’s …
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Rivkin Radler Attorneys Recognized by American Lawyer Media
July 6, 2016 | Insurance Coverage
American Lawyer Media (ALM), publisher of The American Lawyer, Corporate Counsel, Inside Counsel, and the National Law Journal, among other legal and professional publications, has named Jonathan Bruno, Michael A. Kotula, Evan Krinick, Peter P. McNamara, John L. Rivkin, Leonard L. Rivkin, John J. Robertelli, Alan Rutkin, William M. Savino and Norman L. Tolle – …
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Rivkin Radler Recognized in Chambers USA 2016 – Insurance and Health Services practices selected for inclusion
May 27, 2016 | Insurance Coverage | Health Services
Uniondale, New York – June 1, 2016 – The prestigious Chambers USA Directory has included Rivkin Radler LLP.  The firm is listed in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group is recognized among “Notable Firms” for Healthcare in New York. “The Chambers USA Directory is one of the premier resources …
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Federal Court Predicts Georgia Law is Pro Rata Time On Risk Allocation
March 29, 2016 | Insurance Coverage
Michael Kotula and Michael Jones obtained summary judgment from the United States District Court for the Southern District of New York in an asbestos bodily injury coverage matter.  The Court held that the Asbestos Exclusion barred coverage for all claims, including claims that alleged asbestos and other non-asbestos related injuries.  Additionally, the Court held that …
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North Carolina Goes Pro Rata Allocation And Rejects Any Excess Policy Defense Obligation
February 4, 2016 | Insurance Coverage
On January 28, 2016, a North Carolina state court decided important coverage issues, granting motions for summary judgment filed by Michael Kotula and Robert Maloney on behalf of Fireman’s Fund Insurance Company.  The Court decided issues of first impression under North Carolina law, including that a pro rata time-on-the-risk allocation method applies to coverage claims …
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Kotula Victorious in Pro Bono decision
January 16, 2015 | Insurance Coverage
The firm represents, on a pro bono basis, a couple who were residents of a home in Bay Shore for over 30 years that was damaged and rendered uninhabitable by Superstorm Sandy.  For over two years, the couple have had to reside in temporary housing while they sought to rebuild.  They asked the Town of …
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Kotula Contributor for the Tort Trial & Insurance Practice Law Journal
March 31, 2014 | Insurance Coverage
Michael Kotula, a partner in the firm’s Insurance Coverage & Litigation group, was a contributor to Recent Developments in Excess Insurance and Reinsurance, which has been published in the 2014 Annual Survey of the Tort Trial & Insurance Practice Law Journal.  Click on title to read article. Please click the link below  to view  Recent …
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Members of the Insurance Coverage group obtain favorable decision
January 31, 2014 | Insurance Coverage
Members of the firm’s Insurance Coverage & Litigation practice group, Michael Kotula, Peter McNamara, Lawrence Levy and Robert Maloney obtained a favorable decision in Mine Safety Appliances Co. v. AIU Ins. Co., C.A. No. N10C-07-241 MMJ (Del. Super. Ct. New Castle Cty. Jan. 21, 2014).  The case involves excess insurance policies with a defense cost …
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Michael Kotula and David Richman will present at Columbia University
January 22, 2014 | Health Services | Insurance Coverage
On January 22, 2014, Michael Kotula and David Richman will be speaking to members of the Columbia University and Columbia University Medical Center.  The presentation is entitled, “Transferring Risk:  Maximizing Your Right to Indemnification and Additional Insurance Coverage”  and will cover legal and risk management staff about structuring their construction and similar contracts to fully protect the University and …
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Michael Kotula obtains a win for Fireman’s Fund Insurance Company
June 7, 2013
Michael Kotula obtained a win for Fireman’s Fund Insurance Company in the U.S. Court of Appeals for the Fourth Circuit in the Ross Development environmental insurance coverage action.  The Fourth Circuit affirmed a District Court decision that Fireman’s Fund did not owe defense or indemnity for three underlying actions, including a CERCLA contribution action and …
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Michael Kotula appointed Chair of the ABA TIPS Excess Surplus Lines and Reinsurance General Committee
May 14, 2013 | Insurance Coverage
Michael Kotula, a partner in the firm’s Insurance Coverage & Litigation Practice Group, has been appointed Chair of the ABA Tort Trial and Insurance Practice Section Excess Surplus Lines and Reinsurance General Committee for the 2013-2014 fiscal year.  This leadership appointment is in recognition of Mr. Kotula’s commitment to TIPS and his reputation among their …
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Michael Kotula and Robert Maloney Win Motion to Dismiss
April 26, 2013 | Insurance Coverage
Michael Kotula and Robert Maloney, members of the firm’s Insurance Coverage & Litigation Practice Group, won a motion to dismiss in New Jersey Superior Court, Hudson County in a construction defect coverage case.  The named insured failed to provide written discovery to Great American.  We availed ourselves of a New Jersey court rule providing for …
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Michael Kotula and Karen Higgins Victorious in Summary Judgment in Insurance Coverage Dispute
April 25, 2013 | Insurance Coverage
Michael Kotula and Karen Higgins, members of the firm’s Insurance Coverage & Litigation Practice Group, won summary judgment in an insurance coverage dispute in New York Supreme Court, New York County concerning significant property damage from a water pipe rupture to telecommunications cables. The court held that an additional insured general contractor gave late notice to …
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Rivkin Team Obtain Victorious Decision
May 10, 2012 | Insurance Coverage | Appeals
Members of the Rivkin team won unanimous affirmance of trial court on choice of law ruling that the location of contracting named insured is dispositive in choice of law determination involving insurance contracts where insured risks are spread throughout country.  They also obtained a separate ruling from the Court that NY Ins. Law, Section 3420(d)(2)  is inapplicable …
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Michael Kotula appointed Chair-Elect
March 31, 2012 | Insurance Coverage
Michael Kotula, a partner in the firm’s Insurance Coverage & Litigation Practice Group, is the Chair-Elect of ABA TIPS Excess, Surplus Lines and Reinsurance General Committee for the 2012-2013 fiscal year. …
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Michael Kotula Appointed as Chair-Elect Designee of ABA TIPS Excess, Surplus Lines and Reinsurance General Committee.
May 31, 2011 | Insurance Coverage
Michael Kotula, a partner in the firm’s Insurance Coverage & Litigation Practice Group, is the Chair-Elect designee of ABA TIPS Excess, Surplus Lines and Reinsurance General Committee for the 2011-2012 fiscal year. …
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Michael Kotula authors a chapter on “As Damages.”
November 30, 2010 | Insurance Coverage
Michael Kotula, a partner in the firm’s Insurance, Coverage & Litigation Practice Group, has authored a chapter on “As Damages,” in The Reference Handbook on the Comprehensive General Liability Policy, published in 2010 by the American Bar Association’s Insurance Practice Section. …
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Kotula, Krinick, McNamara & Richman Named Among LI’s Top Legal Eagles
August 31, 2010 | Insurance Coverage | Health Services | Appeals
UNIONDALE, NY – Rivkin Radler is please to announce that four of the firm’s attorneys have been named among the Top Rated Attorneys in Nassau and Suffolk Counties by PULSE Magazine for 2010.  The list was compiled from Lexis Nexis Martindale Hubbell Peer Review Ratings, identifying lawyers who are “AV Preeminent” – the highest Peer …
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Michael Kotula Re-Appointed as Vice-Chair of Excess, Surplus Lines & Reinsurance General Committee of the Insurance Practice Section (TIPS) of ABA.
June 30, 2010 | Insurance Coverage
Michael Kotula, a partner in the Insurance Coverage & Litigation Practice Group, has been re-appointed as a Vice-Chair of the Excess, Surplus Lines and Reinsurance General Committee of the Insurance Practice Section (TIPS) of the American Bar Association for 2010-2011. …
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