P: (212) 804-4235
F: (212) 344-8066
 

Costantino P. Suriano

 

Costantino P. Suriano has more than thirty-five years of experience in domestic and international insurance coverage and litigation representing U.S., London, and Bermuda Market primary and excess insurers.  His experience includes first- and third-party coverage and claims defense, multi-layered complex property and time element issues, business interruption loss, weather related and terrorism catastrophes, flood/wind/named storm/deductible/hurricane and sublimit controversies, home owners’ policy litigation defense, corrosion analysis, fire losses, cyber risk, allocation, exhaustion and occurrence analysis, all-risk and builder’s risk policies, policy wording and forms analysis, construction project sequence analysis, building and crane collapses, transportation accidents, boiler and machinery, utility and power generation loss, contamination, building code upgrade disputes, arson and fraud, defense of insurers against public transportation agency first-party lawsuits, defense of officers and directors, whistle blower defense, defamation defense, EEOC discrimination defense, products liability defense, commercial marine coverage disputes, warehouse liability, marine cargo, bills of lading disputes, reinsurance arbitration, captive reinsurer disputes, financial hedging disputes, federal multi-district disaster litigations, chemical plant loss, oil company claims, refinery loss and related energy loss, on shore and off shore energy loss, coal mining loss, satellite loss, advices to insurers regarding regulatory trends, defense of travel agents, tour operators, resort and camp operators and travel professionals, defense of serious personal injury, litigation of commercial and real estate disputes, bankruptcy, secured transactions, lending and corporate securities litigation, group retention risk, employee related issues, land use, financial guaranty, retrospective premium, entertainment and contingency, disputes with artists, media, anti-trust brokerage commission class actions, advertising liability, product recall.

Mr. Suriano has litigated cases in federal and state courts throughout the United States, including New York, New Jersey, California, Arizona, Arkansas, Colorado, Florida, Georgia, Illinois, Iowa, Louisiana, Maine, Massachusetts, Missouri, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, and West Virginia. He has tried non-jury and jury cases, including the 9/11 second phase jury trial in the World Trade Center/Silverstein case. He has argued appeals in various federal and state courts. He has litigated international commercial and insurance questions, particularly under U.K., Italian, French and Spanish law, represented U.S. clients in foreign insurance and commercial disputes, and assisted foreign clients seeking discovery in the U.S. regarding foreign litigations. Mr. Suriano has represented foreign clients in commercial disputes, administrative and appellate matters involving anti-dumping and countervailing duty matters before the U.S. Department of Commerce, the International Trade Commission, and the U.S. Court of International Trade and Federal Courts of Appeals. He has extensive mediation experience in complex multi-party cases as well as extensive experience in arbitrations and appraisal proceedings.

Mr. Suriano has authored articles and lectured on multi-layer approaches to ambiguity questions, weather related catastrophes, ensuing loss, punitive damages, business interruption, occurrence issues, solar storm, cyber and CGL insurance trends. He has represented European commercial entities in negotiating various business agreements and in the formation of branches and subsidiaries in the United States, and applying to U.K. courts for intervention staying U.S. lawsuits.

Mr. Suriano is a graduate of Columbia University and Villanova University Law School. Before joining the firm, Mr. Suriano was an Assistant District Attorney in Kings County.

Mr. Suriano was an Adjunct Assistant Professor at Pace University’s Lubin Business School. He is fluent in Italian and Spanish.

Memberships/Honors

  • Recipient of the 5th Annual Stephen P. Cronin, Jr. Memorial Award Given By The Loss Executives Association To An Individual Who Donates Their Time, Skill And Exceptional Service To The Property Claim Profession
  • Recognized in Super Lawyers
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  • Member of the Firm’s Executive Committee
  • New York County Lawyers’ Association
  • Bergen County New Jersey Bar Association
  • Consultant to the Loss Executives Association’s Board of Directors
  • Member of the Board of Advisors to the Center for the Study of Insurance Regulation of the School of Risk Management, Insurance & Actuarial Studies of the Tobin College of Business of St. John’s University
  • Former Member of Village of Ridgewood, New Jersey, Planning Board

Publications

  • Co-Author, “Can A Grain of Rice Cause Mass Destruction?” MCWG Winter 2018-2019 Newsletter, December 2018.
  • Co-Author, “Business Interruption Meets Cyber Risk Coverage,” Business Insurance, March 6, 2017, and Risk & Business, May 15, 2017.
  • Co-Author, “Judgment Is Within Policy Limits But Insurer Believes Part Is Outside Coverage,” The New York Law Journal, March 1, 2017.
  • Co-Author, “When Pervasive Foul Odors Constitute Property Damage,” Law360, January 26, 2017.
  • Co-Author, “Are Contractually-Agreed Prevailing Party Attorney Fees Covered Under a CGL Policy?,” The New York Law Journal, January 10, 2017.
  • Author, “Who is the CBI Winner? An Oil-Producing City Evacuated Must Mean a CBI Claim is Coming to Some Insurer: the Fort McMurray Wildfires,” IACP’s Declarations Magazine, Fall 2016.
  • Co-Author, “Running Aground: Forum Selection Clauses in Cruise Line Contracts Usually Work,” New York Law Journal, April 2012.
  • Co-Author, “The Calm Before The Solar Storm: Coverage Implications Arising From Solar Events,” BloombergLaw.com, January 24, 2012, and Bloomberg’s Intellectual Property Report, January 30, 2012.
  • Co-Author, “Property Insurance Appraisals: May Appraisers Consider Causation?” John Liner Review, Summer 2011.
  • Co-Author, “Coverage Implications Related to the Eruption of Iceland’s Eyjafjallajokull Volcano,” Journal of Reinsurance, Summer 2010, Vol. 17, No. 3.
  • Co-Author, “Contingent Business Interruption – The ‘Silent’ Coverage,” Mealey’s Litigation Report: Catastrophic Loss, Vol. 4, #11, August 2009.
  • Co-Author, “Reflections on Law and Cases Relating to Builder’s Risk,” Mealey’s Litigation Report: Construction Defects Insurance, Volume 6, Issue #3, April 2009.
  • Author, “Is Appraisal Sometimes Better than Litigation?”, Mealey’s Insurance, July 24, 2008.
  • Author, “The Chicken or the Egg: Is One the Ensuing or Resulting Consequence of the Other?,” The New York Law Journal, August 8, 2001.
  • Author, “Unique Weather Claims: Snow Removal, Sue & Labor, and Ingress and Egress,” Claims, May, 2000.

Speaking Engagements

  • Panelist, “Ambiguity,” Loss Executives Association Annual Meeting & Educational Conference, St. Petersburg, Florida, January 25, 2018.
  • Presenter, “Basic Claim Process,” St. John’s University School of Risk Management and Loss Executives Association, London, England, May 24, 2017.
  • Presenter, “Policy Tools and Regulator Requirements for Handling Claims,” New York State Association of Independent Adjusters, Inc., New York, New York, May 11, 2017.
  • Panelist, “Catastrophe Risk: Are We Ready?” St. John’s University, The Peter J. Tobin College of Business, School of Risk Management, Insurance and Actuarial Science Conference, New York, New York, October 20, 2016.
  • Speaker, “Semi-Conductor Facility Losses,” Loss Executives Association Annual Meeting & Educational Conference, Tampa, Florida, January 27, 2016.
  • Presenter, “Lawyer’s View of Claim Handing Process,” St. John’s University School of Risk Management and Loss Executives Association, London, England, May 22, 2015.
  • Presenter, “Latest Coverage Trends and Implications Inherent in the Shale Oil Boom and the Associate Drilling,” Advisen’s U.S. Energy Boom Insurance Issues Webinar, March 6, 2014.
  • Panelist, “The Role of Actuarial Concepts in Claims Handling,” Loss Executives Association Annual Meeting & Educational Conference, Tampa, Florida, January 20, 2014.
  • Speaker, “Coverage Pitfalls,” Loss Executive Association, Young Insurance Professionals Seminar, New York, New York, February 27, 2013.
  • Speaker, “Coverage Implications of Solar Storms,” Loss Executives Association Conference, June 2012 Spring Meeting, Toronto, Canada.
  • Panelist, “World Trade Center – 9/11/01 – The Adjustment/Litigation/Settlement Story,” New York State Association of Independent Adjusters, Inc. Spring Education Seminar, New York, New York, June 2, 2011.
  • Presenter, “Case Law Update – Top Property Loss Topics of 2010,” Loss Executives Association’s 80th Annual Meeting & Winter Educational Conference, Tampa, Florida, February 3, 2011.
  • Workshop Chair, “Cranes Falling From the Sky,” Loss Executives Association’s 78th Annual Meeting & Mid-Winter Educational Program, Tampa, Florida, February 5, 2009.
  • Speaker, “Energy Losses – Myths and Mysteries,” Loss Executives Association, Spring Meeting, June 2007.
  • Speaker, Excess Surplus Lines Claims Association Annual Conference, October 2006.
  • Lecturer at Loss Executives Association, PLRB and other venues on CAT Issues, Business Interruption, Civil Authority, Ingress/Egress, Punitive Damages, Occurrence Issues, Letters of Credit, Reinsurance Trends.

Admissions

  • New York
  • New Jersey
  • U.S. Supreme Court
  • U.S. Court of Appeals, 2nd, 3rd, 5th, 6th, 7th, and Federal Circuit
  • U.S. Court of International Trade
  • U.S. District Courts, Southern, Eastern, Northern, Western Circuit, District of New Jersey, Connecticut, and Northern District of California

Education

B.A., Columbia University, 1977
J.D., Villanova University Law School, 1980