Jonathan S. Chernow

Jonathan S. Chernow’s main practices areas are first party property coverage and litigation first party marine coverage and defense of shippers, carriers and airlines, and fine art and specie. In his 22 years of insurance practice, representing domestic and London Market companies and syndicates, following a stint as a prosecutor in the Kings County District Attorney’s Office, Mr. Chernow has been involved on all sides – coverage, defense, and plaintiff’s – in the evaluation, litigation, and resolution of complex disputes and losses involving ownership, title and valuation of stolen or missing fine art, diamonds, commodities and currencies, and the defense of and subrogation recovery from art galleries and shippers with respect to stolen or damaged fine art.

His practice encompasses investigations of insurance fraud and Examinations Under Oath. He has also lectured at Lloyd’s of London and the Appraisers Association of America and published articles for IFASIC (International Fine Art and Specie Insurance Conference).

Selected Activities

• Delegate, International Fine Arts and Specie Insurance Conference, May 25 – 28, 2022

Representative Matters

Representative marine, transportation, fine art and specie matters handled in connection with Mr. Cherrnow’s practice have included:

• Represented Certain Lloyd’s Underwriters and London Market Companies in investigation and successful mediation of rice loss claim that had been reported as missing from warehouses in Africa
• Represented Certain Lloyd’s Underwriters in successful subrogation recovery for fire damage to insured’s stored goods on pallets in Ohio warehouse
• Represented Certain Lloyd’s Underwriters in investigation and successful mediation of multi-million dollar pharmaceutical goods loss under stock throughput policy arising from sabotage at French plant
• Great American Insurance Company v. Castleton Commodities, Docket No.: 15 CV 3976 (SDNY); lead attorney for Excess Insurers led by Certain Lloyd’s Underwriters and London Market Companies in coverage dispute under in-land marine insurance policy involving alleged theft of bitumen from storage tanks in China
• Arya’s Collection, Inc. v. Brink’s Global Servs., U.S.A., Inc., 67 A.D. 2d 525 (1st Dept. 2009); successfully obtained dismissal of lawsuit based on defendant carrier’s Connecticut forum selection clause
• Goodman v. Dunbar Armored Air, Inc. and Cartier et. al, Docket No.: 01-4745 (SDNY); led investigation for defendant carrier which caused customer to dismiss her fraudulent shipment claim of a non-existent bracelet
• AXA Art Insurance Corporation a/s/o Gagosian Gallery v. Art Courier et. al. 2011 WL 2749885 (SDNY); successfully participated in obtaining summary judgment dismissal of case against Moscow air freight forwarder involving damage in transit to crated painting on tarmac in Germany
• Mount Vernon Money Center, Docket 1:10CV03121 (SDNY, Bankruptcy Court); co-lead attorney for Primary Insurers in adversary proceeding brought by Trustee against insurers of bankrupt armored car company, whose owners siphoned $60 million in deposited cash to fund business operations
• Gemological Institute of America, Inc. v. Zarian Co., Ltd., 349 F.Supp.2d 692 (SDNY 2004), 2006 WL 2239594 (SDNY); interpleader action involving title to 11.60 carat diamond
• Interested Lloyd’s Underwriters v. Ross, 2005 WL 2840330 (SDNY); subrogation action involving disputed ownership of painting
• Zurich American Ins. Co. v. Felipe Grimberg Fine Art, 2008 WL 394808 (SDNY), 324 Fed.Appx. 117 (2d Cir. 2009); coverage dispute involving ownership of painting
• Marbury v. Chaucer Syndicates et. al, 140 A.D. 3d 1033 (2d Dept. 2016); coverage dispute personal wearing requirement for jewelry

Representative first-party property matters handled in connection with Mr. Cherrnow’s practice have included:

• Bleecker Street Health & Beauty Aids, Inc. v. Granite State Ins. Co., 11 Misc.3d 1091(A) (Sup. Ct. NY Cty. 2006), 38 A.D. 3d 231 (1st Dept. 2007); material misrepresentation in application for insurance
• Lordae Realty Corp. v. U.S. Fire Ins. Co. 71 A.D.3d 742 (2d Dept. 2010); earth movement exclusion
• Meserole Factory, LLC v. Arch Ins. Group, 88 A.D.3d 967 (2d Dept. 2011); breach of sworn statement in proof of loss

Newsroom

Speaking Engagements

• Panelist, “Insurance Consent To Settle Provisions: How Neutrals Can Help Break The Stalemate,” New York State Bar Association, New York, NY, June 27, 2022