In an issue of first impression in the state, on December 16, 2022, the North Carolina Supreme Court decided Radiator Specialty Co. v. Arrowood Indemnity Co., holding that pro rata, or time-on-the-risk, allocation applies to defense and indemnity costs in long-tail claim cases. The decision reverses a lower court decision allowing the insured to take

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,

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

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

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

Robert Maloney has been re-appointed as Vice Chair for the Automobile Law Committee for the 2016-2017 fiscal year. This leadership appointment is in recognition of Rob’s commitment to TIPS and his reputation among its 24,000 members.

The committee deals with all manner of legal issues relating to automobiles and its goal is to be a

Robert Maloney appointed Vice Chair of the ABA TIPS Automobile Liability Committee for the current term (9/15-9/16).  The committee deals with all manner of legal issues relating to automobiles and its goal is to be a substantive resource for those practicing in these areas, whether it is personal injury, product liability or coverage. To that end Robert,

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

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

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