Kenneth M. Labbate
Kenneth M. Labbate concentrates his practice in the defense of complex civil and commercial litigations including disputes arising from professional, product and general liability claims. He has successfully defended various professionals including accountants, attorneys, insurance agents and brokers, architects & engineers, real estate agents and brokers, title insurers and other miscellaneous professionals. Mr. Labbate has also defended and renders employment related advice to employers on matters involving contractually based disputes and claims alleging discrimination, harassment and hostile work environment.
Mr. Labbate also provides coverage advice to and handles declaratory judgment actions for various insurers analyzing a variety of issues arising under professional liability errors & omissions policies, directors and officers policies, employment practice liability policies and commercial general liability policies. He has also defended construction claims on behalf of owners, general contractors and other construction professionals and appears regularly before the United States Department of Labor in the defense of claims for benefits under the Defense Base Act extension of the Longshore and Harbor Workers’ Compensation Act and renders general workers’ compensation related advice to employers.
Mr. Labbate is admitted to practice in New York and Connecticut and has litigated in federal and state courts throughout the United States. His experience includes jury and bench trials, arbitrations, and appeals. Mr. Labbate is a graduate of the State University of New York at Albany and Hofstra Law School, where he was a member of the Labor Law Journal.
Honors
- Recognized in Super Lawyers, New York Metro, Professional Liability: Defense, 2014-2021
- Recognized in Super Lawyers: Personal Injury - Products, 2014-2015
- Recognized in Super Lawyers: Insurance Coverage, 2014-2015
- Burton Award, Distinguished Legal Writing, 2014
- Featured Member, Professional Liability Defense Federation, March 31, 2014
Memberships
- Committee member, American Bar Association (ABA); ABA Advisory Panel
- Professional Liability Underwriting Society (PLUS)
- Council on Litigation Management (CLM), Professional Liability Committee
- Council on Litigation Management (CLM), Worker’s Compensation Committee
Representative Matters
- An-Jung v. Rower LLC, et al. (NY Cty., Justice Kahn, March 12, 2019)
- The Alicart Group, LLC. v. Archer A. Associates, Inc., et. al. (NY Cty., Justice Bransten, May 24, 2017)
- Federal Deposit Insurance Corporation, as Receiver for Amtrust Bank v. Burke, et al., No. CIV, 12-7398, (D. N.J. January 29, 2015)
- Glenda Logan v. IAP Worldwide Services, et al., Case No.: 2014 LDA 00520, OWCP No.: 02-142771 (November 27, 2015)
- Food Sciences Corp. v. Cox, Civil No. 15-6202 (RBK/AMD) (D.N.J. December 9, 2015)
- Giuliano v. Gawrylewski, 122 A.D.3d 477, 997 N.Y.S.2d 20 (2014)
- Taylor v. Paskoff & Tamber, LLP, 102 A.D.3d 446, 447, 958 N.Y.S.2d 337 (2013)
- Konan 11, LLC v. GGP Staten Island Mall, LLC, 2012 WL 1965899, 2012 N.Y. Slip Op. 31393 (May 23, 2012)
- Yousef v. General Dynamics Corporation, 205 N.J. 543, 16 A.3d 1040 (2011)
- Yakubov v. Borukhov, 2010 WL 620643, 2010 N.Y. Slip Op. 30323 (Februry 16, 2010)
- Navigators Specialty Ins. Co. v. Scarinci & Hollenbeck, LLC, No. CIV.09-4317, 2010 WL 1931239, at *1 (D.N.J. May 12, 2010)
- Jordan v. Gangemi, No. MOTION M-1298, 2008 WL 852353 (N.Y. App. Div. Apr. 1, 2008)
- McGuckin v. Berkman, 2009 WL 423740, 2009 N.Y. Slip Op. 30300 (February 5, 2009)
- Incorporated Village of Hempstead Community Development Agency v. Law offices of Ryan, Brennan & Donnelly, LLP et al. – Supreme Court of the State of NY, County of Nassau, Index No. 15271/09
- Air Pegasus of New York, Inc. v. Liberty Helicopter Tours, Inc., No. A-3656-05T5, 2007 WL 2188250 (N.J. Super. Ct. App. Div. Aug. 1, 2007)
- Urbina v. 26 Court St. Associates, LLC, 46 A.D.3d 268, 847 N.Y.S.2d 67 (2007)
- Weldon v. 210 E. 73rd Owners Corp., 15 Misc. 3d 1125(A), 841 N.Y.S.2d 222 (Sup. Ct. 2007)
- Zurich Am. Ins. Co. v. Rite Aid Corp., 345 F. Supp. 2d 497 (E.D. Pa. 2004)
- Piazza v. River Place I, LLC, et al. – Supreme Court of the State of New York, County of New York, Index No. 108378/04
- J.E. v. Beth Israel Hosp., 295 A.D.2d 281, 744 N.Y.S.2d 166 (2002)
- Carroll v. Levy, et al. – Supreme Court of the State of NY, County of New York, Index No. 604194/02
- Falcone and Celifarco, v. Group Development, LLC,et al. – Supreme Court of The State Of New York County of Richmond, Index No.: 13657/02
Newsroom
Bylined Articles
- “Gone Phishing – Legal Malpractice in the Age of the Cyber-Attack,” co-authored with Jason Ederer, Professional Liability Insurance Newsletter, American Bar Association, Fall 2018
- “NY Department of Financial Services Cybersecurity Regulations: An Update,” co-authored with Barry Temkin, New York Law Journal, June 28, 2018
- “Corporate Risk Presented by Ever Evolving and Growing Cyber Crimes: Trying Times for Directors & Officers,” co-authored with Oliver Twaddell, PLUS Journal, Volume XXVIII, Number 3, March 2015, Mealey’s Litigation Report: Cyber Tech & E-Commerce, Volume 17, Number 2, April 2015, and Mealey’s Emerging Securities Litigation, Volume 14, Number 1, July 2015
- “After the Banks, FDIC Pursues Appraisers,” co-authored with Sara Lewis, New York Law Journal, August 1, 2013
- Insurance E&O Liability Arising from Superstorm Sandy, co-authored with Carrie Turner, Superstorm Sandy Insurance Coverage Litigation Report, HarrisMartin Publishing, June 24, 2013
- “LIBOR: Everything You Ever Wanted to Know but Were Afraid to Ask,” co-authored with Michael Koblenz, The Journal of Business Entrepreneurship & the Law, Pepperdine University School of Law, Volume VI, Number II, 2013
- Co-author of The New York Rules of Professional Conduct: Rules and Commentary R. 1.16, 1.17 & 1.18, New York County Lawyers’ Association Ethics Institute, 5th edition, 2012
Client Alerts
Speaking Engagements
- Co-presenter with Avery Nickerson, “COVID 19 and Professional Lines: Claims and Underwriting Impacts,” in-house presentation for insurer, February 10, 2021
- Co-presenter with Avery Nickerson, “Diversity & Inclusion,” in-house presentation for insurer, 2019
- Presenter, “Cyber Exposure for Public & Private Ds & Os: Lessons Learned,” 13th Annual Directors & Officers Insurance ExecuSummit, May 16, 2017
- Presenter, “Claims and Underwriting Developments,” in-house presentation for leading professional liability insurer, May 21, 2015
- Presenter, “Benefits and Pitfalls of Additional Insured Coverage,” NYC Bar Association, May 14, 2015
- Speaker, “Cyber Liability,” New York City Association of Insurance Women, November 3, 2014
- Presenter, “Cyber Liability: What are the Risks to My Business? Am I Covered?,” 2014 Professional Liability Defense Federation Fifth Annual Meeting and CLE/CEU Presentation, September 17–18, 2014
- Presenter, “Successfully Mediating Claims for benefits under the Defense Base Act,” Insurance Carrier Symposium, May 2013
- Presenter, “The Significance of Labor Market Surveys to Valuation of Disability Claims Under the Defense Base Act,” Insurance Carrier Symposium, May 2012
- Speaker, “Social Media and The Rules of Professional Conduct,” New York County Lawyers’ Association, December 2012
- Speaker, “Social Media and The Rules of Professional Conduct,” New York County Lawyers’ Association, July 2012
- Speaker, “Indemnification and Additional Insured Coverage,” Insurance Law: The Basics, New York City Bar, November 2011
- Speaker, “When More than One Insurance Policy May Respond to a Claim – Other Insurance and Excess Insurance,” Insurance Law: The Basics, New York City Bar, November 2010
- Presenter, “The Policy Application & Rescission,” Insurance Law: The Basics, New York City Bar, November 2009
Admissions
New York, 1993
Connecticut, 1993
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. Court of Appeals for the Second Circuit
Education
J.D., Hofstra University School of Law, 1992; member, Labor Law Journal
B.A., State University of New York at Albany, 1989