Property and Liability Coverage
Bill has handled hundreds of coverage disputes under first and third party policies for claims arising from fire, explosion, collapse, design defect, environmental impairment, flood, and other losses. Bill has litigated disputes concerning fortuity, reformation, physical damage, insured risk, insured property, exclusions, obligations in case of loss, extra expense, business interruption, sue and labor, limits and deductibles, arson and fraud, and fair claims practices.
Recent Coverage Matters*
- Defended Westport Insurance Corporation against a bad faith claim related to storm surge damage from Super Storm Sandy. The New York Supreme Court, First Appellate Division, affirmed the lower court’s prior two dismissals of the bad faith count. The Court found that the allegations in the count were no different than those found in the breach of contract claim, despite allegations that Westport acted in bad faith when it delayed payment and allegedly misrepresented the application of flood deductibles and sub-limits. In striking Orient’s bad faith claim, the Court agreed that there is no cause of action for bad faith claims handling in New York, rejecting an effort to extend the precedent set in the oft-cited 2008 Court of Appeals decision in Bi-Economy Market v. Harleysville, (10 NY3d 187 ). See Orient Overseas Associates v. Westport Insurance Corp.
- Obtained summary judgment on the insured's claim that the insurer did not provide adequate notice of cancellation of coverage prior to a fire. See C&D Realty Trust v. OneBeacon Insurance Company, C.A. No. 07-930, Plymouth (MA) Superior Court, March 26, 2009.
- Settled multi-million dollar builder's risk claim involving replacement of utilities.
- Represented two insurers in the appraisal of the multi-billion dollar World Trade Center September 11 loss.
- Litigated September 11 claims in excess of $100 million to final decision or settlement.
- Litigated Y2K coverage claims, in excess of $100 million. See GTE Corp. v. Allianz Insurance, et. al., 372 F.3d 598 (3rd Cir., 2004)
Bill provides counsel and advice to cedents and reinsurers including review of claims and analysis of reinsurance treaties and faculty agreements. Bill has handled reinsurance disputes through arbitration and final award. Bill's experience includes reinsurance claims arising under builder's risk programs, property insurance claims, surety bonds, workers compensation, and liability policies.
Recent Reinsurance Matters*
- First-chaired the arbitration of a disputed claim for reimbursement of payments to rebuild a municipal building. Presented an ex gratia payment defense.
- Represented the reinsurer in the defense of a claim for the recovery of payments made under surety bonds issued to guarantee collateralized debt obligations.
- Represented the reinsurer analyzing the reinsurer's duty to investigate and adjust a loss at a gas processing plant under a facultative agreement.
- Represented cedent in arbitration to recover losses from reinsurer participating in a multi-layer reinsurance program.
- Represented reinsurer in commutation dispute with cedent.