News Room

On appeal, a group of insurers argued before the New Jersey Appellate Division that damage and financial loss to Merck resulting from the 2017 NotPetya cyberattack launched by Russia, in connection with its ongoing conflict with Ukraine, should be excluded under the...

Partners Attend LEA Annual Meeting

Costantino Suriano, Philip Silverberg, Jeffrey Weinstein, and Wayne Glaubinger attended the Loss Executive Association (LEA) 2023 Annual Meeting and Educational Conference in Fort Lauderdale on January 25-27. The General Session included three keynote topics:...

Tom Breen Quoted on Delaware D&O Dispute – Law360

The Delaware high court justices found that Delaware law, not Montana law, should apply to Stillwater Mining Co. even though Stillwater does its core business in Montana. The decision relies on the fact that Stillwater was incorporated in Delaware and was seeking...

Q&A: Wendy Stein Fulton Discusses Strategies for Managing Complex Claims – Claims Magazine, PC360.com

This Q&A was published in the January/February 2023 issue of Claims Magazine & PropertyCasualty360 on January 23, 2023. Partner Wendy Stein Fulton discussed effective strategies for handling complex claims in a Q&A with the editor-in-chief of Claims...

MOUND COTTON WELCOMES THREE NEW PARTNERS AND ONE SPECIAL COUNSEL

NEW YORK (January 13, 2023) — Effective January 1, 2023, Mound Cotton promoted Andrea Fort, Pamela Minetto, and Craig Rygiel, to Partner and Kristen Kish to Special Counsel. “We congratulate and celebrate Andrea, Pam, Craig, and Kristen on their well-deserved...

Tom Breen Quoted: 2023 D&O Insurance Cases to Watch – Law360

Law360 discusses the most significant directors and offices insurance cases to watch in 2023. One such case is the Fourth Circuit’s highly anticipated ruling on the applicability of a bump-up exclusion. The insurers are seeking to overturn a Virginia federal...

Tom Breen on the Most Significant 2022 D&O Rulings – Law360

In Law360’s discussion of the most significant D&O decisions in 2022, partner Thomas Breen, who represents insurers, discussed a case between Ceradyne and Liberty Mutual where the judge agreed with the insurers regarding the applicability of the bump-up...

NO DIRECT PHYSICAL LOSS OR DAMAGE – Carrols Restaurant Group v. American Guarantee and Liability Insurance Co.

Carrols Restaurant Grp. Inc. v. American Guarantee and Liability Insurance Co., No. 815430/2021 (N.Y. Sup. Ct., Erie Cnty. Nov. 4, 2022) In this COVID-19 litigation, the New York Supreme Court, Erie County, granted MCWG client American Guarantee and Liability...

U.S. News-Best Lawyers® ranks Mound Cotton a 2023 “Best Law Firm” in Insurance Law

Mound Cotton is honored to be included in U.S. News-Best Lawyers and Best Law Firms rankings 2023 in Insurance Law in both National Tier 2 and Metropolitan, New York City, Tier 2. We are also proud that senior counsel Michael Goldstein is recognized in Best Lawyers‘...

Costantino Suriano: “Hurricane Ian Claims Considerations” – LEA Webinar

Costantino Suriano discussed “Hurricane Ian Claims Considerations” on the Loss Executives Association (LEA)’s webinar. Joined by CEO Jonathon Held and building code expert Mike Rimoldi from J.S. Held, he explored the issues surrounding how...

“RESIDENCE PREMISES” PROVISION DISQUALIFIES COVERAGE – Pik Wan Wong v. Integon National

Pik Wan Wong et al v. Integon National Ins. Co. et al, 510422/2022 (Sup. Ct., Kings Co. Oct. 31, 2022) In this property insurance coverage dispute the Plaintiffs sued Integon to recover under the insurance policy for fire damage to a structure located in Brooklyn New...

Stephanie Tippit, Panelist on “What Happens When Texas Freezes? A Case Study” workshop at PLRB Large Loss Conference

Featured, News, Events and Speaking Engagements

Stephanie Tippit was a copanelist in a Commercial Lines Property workshop, “What Happens When Texas Freezes? A Case Study,” exploring whether the big freeze of 2021 could happen again, at the PLRB Large Loss Conference on October 13-14th. Her co-panelists...

New York Law Journal – Applicability of Pollution Exclusions to PFAS

News, Bylined Articles, 2022, Media Coverage

“‘Tonoga v. New Hampshire’ and the Applicability of Pollution Exclusions to PFAS”, was published in New York Law Journal on October 5, 2022. Partner Hilary Henkind and associate Ananda Zhu analyze the applicability of pollution exclusions to PFAS by...

Join Us at our Annual NYC Reinsurance Conference

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Sanjit Shah Gives a Case Law Update at Windstorm Webinar

Sanjit Shah spoke with Larry Bache, Merlin Law Group, at Windstorm Insurance Network’s webinar on September 14, 2022. They discussed developments in case law and legislative amendments and their effects on property damage claims. You can learn more about the webinar...

Tunnel To Towers 5K Run & Walk

The firm is sponsoring the event, now considered one of the top 5K runs in the US. Find out more information here about the Tunnel to Towers Foundation and how it pays tribute to those we lost on 9/11.

Wendy Stein Fulton – Mediations Panelist at ‘Insurance in Construction Industry’ Webinar

Wendy Stein Fulton was a speaker on the “Mediations: Be Prepared” panel at the 6th Annual Insurance in the Construction Industry webcast on August 25. The Seminar Group hosted this 2-day seminar to address the ever changing world of construction growth, and give a...

Michael Goldstein Recognized in 2023 edition of The Best Lawyers in America®Best Lawyers Since 2013

Mound Cotton is pleased to announce senior counsel Michael H. Goldstein is listed in The Best Lawyers in America® 2023 for Insurance Law. This year marks the 11th consecutive year that he has received this distinction. Best Lawyers is a peer-review legal publication,...

Mound Cotton Hires New Senior Counsel Lyndy Stewart

Featured, News, Events and Speaking Engagements

CALIFORNIA—Mound Cotton, a leading law firm representing insurance companies, announced today that Lyndy Stewart joined the firm as a senior counsel. As an insurance litigator, her practice focuses on bad faith litigation and insurance coverage actions in state and...

Florida Judge Dismisses COVID-19 Damage Claims – Law360

Featured, News, MCWG Decisions, 2022, Media Coverage

Florida Circuit Judge Bradley G. Harper awarded Mound Cotton’s client a partial dismissal of property damage claims made by an international real estate investment company. Plaintiff alleged that the presence of COVID-19 physically damaged property by attaching itself...

Wendy Stein Fulton Discusses ‘Avoiding Bad Faith Bear Traps’ at Florida Insurance Network Symposium (FINS) 2022

Partner Wendy Stein Fulton presented “Keeping the Faith: Detecting and Avoiding Bad Faith Bear Traps” at FINS 2022 in Fort Lauderdale, Florida on August 12. She taught participants how to handle and respond to a plaintiff’s demand to resolve a tort...

COVID-19 Complaint Dismissed with Prejudice – Wolverine World Wide v. Zurich

Wolverine World Wide v. Zurich American Insurance Company, docket No.: 21 CH 4457 (Circuit Court of Cook County, Illinois, Chancery Division July 21, 2022) On July 21, 2022, Judge Pamela McLean Meyerson of the Circuit Court of Cook County, Chancery Division, in...

Andrea Fort Presents at Re Contracts at RAA 2022

Special Counsel Andrea Fort presented the “Privacy, Confidentiality, Data Protection and Sanctions Clauses” session at Re Contracts 2022: The Art of Designing Reinsurance Contracts and Programs on July 20, 2022. Hosted by the Reinsurance Association of...

NJ Requires Direct Physical Loss or Damage – Invision Development Group v. Continental Casualty Co.

In Invision Development Group LLC v. Continental Casualty Company, the plaintiff, an entity that performs laser hair removals in Newark, DE, sued its insurer, Continental Casualty Company, for COVID-19 related business income losses under a policy that provided...

Michael Goldstein to Give a “History of Bellefonte” at AIRROC

Partner Michael Goldstein will speak about the “History of Bellefonte: Why is this so important to our industry?” at AIRROC’s Summer Membership Meeting on July 21, 2022. He will be joined by co-panelists Sean Keely, partner, Freeborn & Peters; Stephen Schwab,...

NJ Judge Dismisses COVID-19 Suit – No Physical Loss or Damage

Featured, News, MCWG Decisions, 2022, Media Coverage

New Jersey Superior Court Judge Steven Polansky awarded a full dismissal of COVID-19 business interruption claims. The policyholder failed to show that the presence of COVID-19 caused physical loss or damage required to qualify for coverage. “The mere presence...

Jonathan Chernow Discusses Insurance Settlements for NY State Bar Association

Jonathan Chernow spoke at the NYSBA’s “Insurance Consent To Settle Provisions: How Neutrals Can Help Break The Stalemate” on June 27, 2022. He was joined by Diana Shafter Gliedman, Anderson Kill and Kim Hogrefe, Kim Dean Hogrefe, LLC and discussed...

Barry Temkin Discusses the Ethics of In-House Counsel

Partner Barry Temkin gave a CLE for the New York City Bar, “Current Ethical Issues for In-House Counsel & Those Who Advise Them: Litigation Perspectives,” on June 21, 2022. Joined by Adrienne K. Eason-Wheatley from The Bank of New York Mellon and Karen...

Wendy Stein Fulton Recognized For Helping to Facilitate $1B+ Surfside Settlement

Attorneys representing the victims of the 2021 Champlain Towers South condo collapse secured $1B+ in proposed settlements with defendants. June 24 will be the one-year anniversary of the collapse. In response to the announcement, Judge Michael Hanzman of the Eleventh...

Mound Cotton Earns Insurance Ranking in Chambers USA 2022; Partner Lloyd Gura Recognized

Mound Cotton’s Insurance practice group is again ranked in Insurance: Dispute Resolution: Insurer, New York, in Chambers and Partners USA’s 2022 guide to the top lawyers and law firms in the United States. Partner Lloyd Gura is recognized in Band 3. Mound...

Jonathan Chernow to Attend IFASIC Conference in Malta

Senior Counsel Jonathan Chernow, who specializes in property insurance issues involving fine art and jewelry, will be a delegate at IFASIC, the International Fine Art and Specie Insurance Conference, from May 25 through 27, in Malta. The conference will include topics...

Philip Silverberg Spoke at the Builder’s Risk & Construction Symposium

Partner and committee member Philip Silverberg spoke at the “Property Damage Roundtable & Discussion” for the Builder’s Risk & Construction Symposium on May 12, 2022. He was joined by co-panelists Lindsey Green Doallo, McGriff; Gary Slowick, Sedgwick; Katy...

Kevin Buckley Quoted On Earth Movement Exclusion – Law360

A five-judge panel dismissed $3 million in property coverage claims. Caused by nearby construction, the damage to the policyholder’s building falls under an earth movement exclusion which disqualifies it from coverage. Partner Kevin Buckley, representing Great...

Delayed Notice & Policy Exclusion Bar Coverage – Sholosh V. National Union Fire

Sholosh v. National Union Fire Ins. Co. of Pitt. PA, et al, 519825/2018 (Sup. Ct., Kings Co. April 25, 2022) This litigation involves Plaintiff’s insurance claims for alleged damage to its building from neighboring excavation and underpinning work. Plaintiff was aware...

Kevin Buckley Comments on New York’s Clear COVID-19 Precedent – Law360

A NY judge dismissed coverage claims against Wesco Insurance Co. The ruling aligns with decisions in a growing majority of cases in which plaintiffs are unable to prove that the presence of COVID-19 caused tangible damage to property. Partner Kevin Buckley,...

ARIAS-US Spring Conference – May 11-13

Partners Lloyd Gura, Amy Kallal, Raymond Mastrangelo, and Matthew Lasky will be attending the ARIAS-U.S. Spring Conference on May 11-13 on Amelia Island, Florida. You can find out more information and register here.

New York Law Journal – Jeffrey Weinstein and Samuel Weiss Discuss Snap Removal in Federal Court

News, Bylined Articles, 2022, Media Coverage

Partner Jeffrey Weinstein and associate Samuel Weiss examine the viability in federal circuit courts of the time-sensitive snap removal — a motion to move from state to federal court, made after a plaintiff has filed a case but before they have properly served the...

New Partner Lorraine C. Sylvester Brings A New Practice, Healthcare Professional Liability, to Mound Cotton

NEW YORK—Mound Cotton, a leading law firm representing insurance companies, announced today that Lorraine Sylvester, a healthcare professional liability attorney, joined the firm as a partner. She is joined by Colleen Martindale, Special Counsel, and Associates Erika...

CLM Annual Conference – Lloyd Gura Spoke on Reinsurance 101

Lloyd Gura was a panelist on the Reinsurance 101 session at the CLM (Claims and Litigation Management) Alliance Annual Conference in Palm Desert on March 25. With copanelists Mark DiTaranto from AXA XL, Steve Lokus from Navigators, A Brand of The Hartford, and Patrick...

PLUS BLOG – Barry Temkin Assesses Policy Erosion Limitations and Choice of Counsel

News, Bylined Articles, 2022, Media Coverage

This article was published on the PLUS (Professional Liability Underwriting Society) Blog on March 14, 2022. Partner Barry Temkin and Robert Usinger, Esq. co-authored “Choice of Counsel and Policy Erosion for Professional Liability Policies Under the New York...

TIME-BARRED CLAIM DISMISSED – VAN DER VELDE v. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION

Davied Zvi Van Der Velde v. New York Property Insurance Underwriting Association, 2019-11557 (App. Div. 2d Dept., May 18, 2022) Plaintiff sued New York Property Insurance Underwriting Association (“NYPIUA”) for coverage of water damage to premises. Since...

Forum Non Conveniens Doctrine — San Jose Sharks, et al. v. Starr Surplus Lines Insurance Company

MCWG Decisions, 2022

San Jose Sharks, et al. v. Starr Surplus Lines Insurance Company In San Jose Sharks, et al. v. Starr Surplus Lines Insurance Company, et al., the California Superior Court dismissed all claims against MCWG client Starr Surplus Lines on the grounds that Plaintiffs, who...

Barry Temkin and Vander Beatty Speak About Pursuing a Career in Securities Law

Events and Speaking Engagements

Barry Temkin moderated a New York County Lawyers Association (NYCLA) Securities and Exchanges Committee CLE, “So You’re Interested in a Career in Securities Law,” on February 28, 2022. The webinar included a panel of securities attorneys who discussed how...

“Relation Back” Doctrine – Clourine Sealey V. National General Insurance Co.

MCWG Decisions, 2022

Clourine Sealey v. National General Insurance Co. et al, 506107/2020 (Sup. Ct., Kings Co. Feb. 10, 2022) In this property insurance coverage dispute the plaintiff sued National General four days before the suit limitation period expired. National General moved to...

Inter-Governmental Philatelic Corp. v. Aspen American Insurance Co.: The Mysterious Disappearance Exclusion Revisited

News, Bylined Articles, 2022

It is well-settled that the mysterious disappearance exclusion in an all-risk policy does not exclude from coverage the loss of property caused by theft[1]; rather, it precludes coverage for missing property where there is no physical evidence to show what happened to...

Voluntary Dismissal Ends Lawsuit — Boomerjack’s v. Owners First Property Assoc.

MCWG Decisions, 2022

Boomerjack’s Grill & Bar v. The Members of the Owners First Property Association, docket No.: 3:21-CV-01022-X (U.S. Dist. Ct., N.D. Tex. Feb. 3, 2022) On February 3, 2022, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas denied a...

Dustin Dubose On Business Interruption Reinstatement Claims Panel at LEA Conference

Partner Dustin Dubose will be speaking on the panel, “Business Interruption Reinstatement Claims,” at the Loss Executive Association (LEA)’s conference, “Celebrating 91 Years of Educating the Insurance Industry,” on February 3. The panel will provide...

Kristen Kish Presents on Abuse and Molestation Claims at AIRROC Webinar

Associate Kristen Kish spoke about “Abuse/Molestation Claims” on January 26, 2022 at the AIRROC 2022 Claims Trends Webinar: Abuse and Sports Head Injuries. She presented with Nicola Aspinwall, Associate Solicitor, BLM Law, for the NextGen Task Force and...

COVID 19 – NO DIRECT PHYSICAL DAMAGE – SFMB v. Starr

SFMB Management v. Starr Surplus Lines Insurance Co., docket No. 653203/2021 (Supreme Court of the State of New York, New York County, January 20, 2022) On January 20, 2022, the Supreme Court of the State of New York’s Justice Debra James granted MCWG’s client their...

Plantiffs’ Writ of Certiorari Denied – CLMS Management, et al. v. Amwins Brokerage of Georgia, et al.

CLMS Management Services Limited Partnership; Roundhill I, LP v. Amwins Brokerage of Georgia, LLC; CJW & Associates, Inc.; Certain Underwriters at Lloyd’s MCW&G recently received confirmation from the United States Supreme Court that a Ninth Circuit...

Q&A: Impact of Remote Proceedings on International Arbitrations – Mealey’s

Featured, News, Media Coverage

This Q&A was published in the December 2021 issues of Mealey’s International Arbitration Report and Mealey’s Coronavirus Law Report. Senior Counsel Michael H. Goldstein was on a Q&A panel for Mealey’s International Arbitration Report and...

Mound Cotton Promotes Jodi Tesser, Stephanie Tippit, and Jared Markowitz To Partner

NEW YORK, January 5, 2022 — Mound Cotton announced today that they have elevated three attorneys to partner. Both Tesser and Markowitz work out of the New York office, and Tippit works from the Texas office. “We are honored to welcome Jodi, Stephanie, and Jared into...

Policy Language Not Defamatory – 470 4th Ave. Fee Owner v. Wesco Insurance

470 4th Ave. Fee Owner, LLC et al v. Wesco Ins. Co., 2021 WL 6097478 (N.Y.Sup.), 2021 N.Y. Slip Op. 32780(U) (Trial Order) (Sup. Ct. NY Co. Dec. 23, 2021) Plaintiffs alleged over $6.1M in damages for the insurance company’s denial of coverage for a new...

New York Firms Hiring Out-Of-State Attorneys – Daily Business Review

Law firms based outside of Florida capitalized on the migration of businesses to the region by hiring south Florida-based attorneys. A review of 2021 partner laterals and office launches reveals that New York law firms led this hiring trend. Partner Wendy Stein Fulton...

No Business Income Loss, No Microorganism Exclusion – Count Basie Theatre Inc. v. Zurich

Count Basie Theatre Inc. v. Zurich American Insurance Co., No. 21-615, 2021 WL 5980344 (D.N.J. Dec. 17, 2021) In Count Basie Theatre Inc. v. Zurich, the district court granted Zurich’s partial motion to dismiss, finding no coverage for the plaintiff’s business income...

COVID-19 Claims Not Covered by Business Interruption Policy- J. Kleinhaus & Sons v. Valley Forge

MCWG Decisions, 2021, Media Coverage

J. Kleinhaus & Sons, LLC v. Valley Forge Ins. Co., 2021 WL 5909978, No. 21 CIV 2202 (JPC), (S.D.N.Y. Dec. 14, 2021) Plaintiff, a diamond dealer, alleged that due to the pandemic and governmental closure orders, it was only able to conduct limited business and...

Partner Barry Temkin Discusses “Legal Ethics on the Silver Screen: Ethics for Insurance Lawyers and Adjusters”

Partner Barry Temkin gave a recent CLE on “Legal Ethics on the Silver Screen: Ethics for Insurance Lawyers and Adjusters.” Using excerpts from Hollywood films, Barry’s discussion was based on hypothetical questions arising from the ethical dilemmas...

“Residence Premises” Exclusion Disqualifies Coverage – Mountain Valley Indemnity Co. v. Hylton

Mountain Valley Indemnity Co. v. Hylton et al., 2020 NY Slip Op 34347(U) (Sup. Ct. NY Co. 2020), aff’d 154 N.Y.S.3d 763 (Mem)2021 N.Y. Slip Op. 06768 (1st Dept. Dec. 2, 2021) This is an update to the lower court decision which was reported last year and has...

Defendant’s Claims Not Viable – Lawrence V. Jose Izalde Franco Gabriciano

Lawrence v. Jose Izalde Franco Gabriciano, Nandez Trucking, Integon General Ins. Co and National General Ins. Co., Index 525877/2020 (Sup. Ct. N.Y. Co. Dec. 2, 2021) This case arises out of a motor vehicle accident. Plaintiff asserted contractual and bad faith claims...

No Direct Physical Loss or Damage – VMSB and VM South Beach v. Zurich

VMSB and VM South Beach LLC v. Zurich American Ins. Co., No. 650590/2021 (N.Y. Sup. Ct., N.Y. Cnty. Nov. 10, 2021) In VMSB v. Zurich, Judge Barry Ostrager granted Zurich’s motion to dismiss the complaint, in which the plaintiff, the owner of the Villa Casa Casuarina...

Mound Cotton, Michael Goldstein Earned Rankings in 2022 Best Law Firms and Best Lawyers®

Mound Cotton is honored to be included in U.S. News-Best Lawyers and Best Law Firms rankings. We are ranked National Tier 2 in Insurance Law and Metropolitan, New York City Tier 2 in Insurance Law. We are also proud that two of our attorneys have been selected by...

The New York Prompt Pay Act for Construction Contractors — New York City Bar

Barry Temkin and Katharine Lechleitner spoke about New York ‘s Prompt Pay Act (PPA) and how it affects construction contractors at the New York City Bar on November 2. They discussed the PPA’s legislative history, common incorrect assumptions about...

Leadership Through Claims – Costantino Suriano, St. John’s Executive Speaker Series

Partner Costantino Suriano spoke on “Leadership Through Claims” at the Gamma Iota Sigma Executive Speaker Series at the Maurice R. Greenberg School of Risk Management, Insurance and Actuarial Science (GSRM), St. John’s University, on October 22.

Amy Kallal Spoke on Molestation Claims at AIRROC’s Legacy Transactions & Networking Forum

Partner Amy Kallal was a panelist on “Claims Updates: Molestation and PFAS” at AIRROC’s Legacy Transactions & Networking Forum on October 18. The panel was hosted by Marcus Doran, AIG. Her co-panelists were Sin Senh, Roux and Bill Mandia,...

Full Dismissal of COVID Claims for Mound Cotton’s Clients – Law360

News, MCWG Decisions, 2021, Media Coverage

In Raymours Furniture Co., Inc. v. Lexington Insurance Co. et al., No. 655167 2020, 2021 WL 4789148 (N.Y. Supr. Ct. N.Y. Cnty. Oct. 14, 2021), Mound Cotton’s clients were awarded a full dismissal with prejudice on the ground that the presence of the COVID-19 virus...

New York Insurance Law Firm Expands in Fort Lauderdale to Meet Coverage, Malpractice Demand – Daily Business Review

This article was published in Daily Business Review on October 14, 2021. Partners Wendy Stein Fulton and William Wilson spoke to the Daily Business Review about the firm’s strategy in Florida.

Maintaining the Confidentiality of Arbitration Awards When Petitioning for Relief in Court – ARIAS U.S. Quarterly

News, Bylined Articles, 2021, Media Coverage

Partner Amy Kallal and Special Counsel Andrea Fort discuss recent cases involving the efforts to obtain access to arbitration awards which are filed as part of petitions to confirm or vacate. Some courts have allowed third-party access to awards just because the...

Builder’s Risk & Construction Symposium — Philip Silverberg Shares His Perspective on Emerging Construction Risks

Partner and committee member Philip Silverberg will speak on “Legal Perspectives on Emerging Construction Risks and Perspectives on Covid-Related Issues,” at the Builder’s Risk & Construction Symposium. His copanelist is Mark Katz from Ryan Specialty...

Westchester Awards Full Dismissal for Absence of Physical Loss – Wellpath Holdings v. XL Insurance America

News, MCWG Decisions, 2021

In Wellpath Holdings, Inc. v. XL Insurance America, Inc., No. 54589 2021, 2021 WL 5165653 (N.Y. Sup. Ct. Westchester Cnty. Oct. 4, 2021), Mound Cotton’s clients were awarded a full dismissal with prejudice in a decision that explained that the presence of the COVID-19...

Zurich Wins Partial Summary Judgment; Insured’s $10 Million Contract Claim Dismissed – Mondelez International, Inc. v. Zurich

Mondelez International, Inc. v. Zurich American Insurance Company, Circuit Court of Illinois, Cook County In this litigation arising out of alleged damage to the computer systems of Plaintiff Mondelez International, Inc. (“MDLZ”) from the NotPetya computer malware...

Is A Societas Europaea Analogous To A U.S. Corporation For Purposes Of Diversity Jurisdiction? A Recent Case Concludes That It Is

A domestic corporation is a citizen of its state of incorporation and principal place of business for purposes of diversity jurisdiction.[1] By contrast, the citizenship of other “unincorporated” domestic business entities (such as limited liability companies and...

State Appellate Courts Are Split Re. Recouping Defense Costs

Does An Insurer Have An Entitlement to Recoup Defense Costs When No Duty to Indemnify Exists? In a case of first impression for the New York Supreme Court, Appellate Division, Second Department, the court chose not to follow prior decisions of its sister court and...

Damage Claim Time-Barred – Chan Tien Yang V. Mountain Valley Indemnity and National General

Chan Tien Yang v. Mountain Valley Indemnity Co. and National General Ins. Co., 725077/2020 (Sup. Ct., Queens Co., Sept 15, 2021) This case involved an insurance claim for alleged property damage as a result of a water pipe bursting. By decision dated September 28,...

Mound Cotton Adds Insurance Partner, Wendy Stein Fulton – Law360

This article was published in Law360 on September 21, 2021: “Mound Cotton Adds Ex-Kiernan Trebach Insurance Partner”. Mound Cotton Wollan & Greengrass LLP expanded its Fort Lauderdale, Florida, office this month with the addition of a litigation...

Mound Cotton’s Insurance Practice in Florida Expanded With Commercial Litigator Wendy Stein Fulton

Ft. Lauderdale, FL — Mound Cotton is expanding its Florida office with the addition of partner Wendy Stein Fulton, a seasoned commercial litigator with experience representing clients in complex insurance coverage, commercial general liability, professional liability,...

No Direct Physical Loss or Damage – Crescent Hotels & Resorts v. Zurich and Interstate

Crescent Hotels & Resorts, LLC v. Zurich Am. Ins. Co. and Interstate Fire & Casualty Company, No. 2021-02974 (Va. Fairfax Cnty. Aug. 18, 2021) In the first Commonwealth of Virginia COVID-19 ruling, Mound Cotton secured a victory on behalf of its client, Zurich...

When a Law Firm Purchases Less Insurance Coverage Than Required By the Rules of Court

The Case Of Cadre v. Proassurance Casualty Company Rule 1:21-1B of the New Jersey Rules of Court governs the practice of law as a limited liability company, and provides in relevant part that “[a]ttorneys may engage in the practice of law as limited liability...

NY Prompt Pay Act for Construction Contractors – New York Law Journal

News, Bylined Articles, 2021, Media Coverage

The New York Law Journal published “NY Prompt Pay Act for Construction Contractors,” written by partner Barry Temkin and coauthor Ken Eccleston, on August 10, 2021. This article provides an in-depth discussion of New York’s Prompt Pay Act, enacted in 2002...

Civil Unrest Claims — LEA’s Fall Conference, Jeffrey Weinstein

Partner Jeffrey Weinstein presented “Adjustment/Analysis of 2020 Civil Unrest Claims” at Loss Executives Association (LEA)’s Conference, the 2021 Golf and Education Event. Targeted towards insurance claim managers and adjusters, the course gave an...

Vermont Establishes COVID-19 Physical Loss Precedent – Huntington Ingalls v. ACE

News, MCWG Decisions, 2021

In Huntington Ingalls Industries, Inc. v. ACE American Insurance Co., No. 230-9-20 Frcv (Vt. Super. Ct. Franklin Cnty. July 30, 2021), Mound Cotton’s clients were awarded a full dismissal with prejudice on the ground that the presence of the COVID-19 virus did not...

Amy Kallal A Co-Panelist on “Reinsurance 101” at CLM’s Annual Conference

Partner Amy Kallal will be presenting – in person – “Reinsurance 101 for Claims Handlers: What You Need to Know and Why” at the 2021 CLM (Claims and Litigation Management) Alliance’s Annual Conference, on August 12, at 11:30 am. The panel...

Michael Koblenz Quoted in The Real Deal

Partner Michael Koblenz, who represents the buyer in a real estate sale in the Hamptons, commented on the it in The Real Deal. He filed a complaint with the Department of State, alleging gross misrepresentation and exaggeration of the circumstances by the agent and...

Now Available: Partner William Wilson’s Book, New Jersey Insurance Coverage Litigation – A Practitioners Guide

News, Bylined Articles

William Wilson published new book, NJ Insurance Coverage Litigation – A Practitioners Guide (2021), 3rd ed. With co-author Frank DeAngelis, they provide a broad overview of insurance coverage litigation in NJ involving the enforcement and interpretation of insurance...

Can There Be Coverage For A Ransomware Attack Under The Computer Fraud Provision Of A Commercial Crime Endorsement?

The Indiana Supreme Court Weighs In With the proliferation of computer crime these days, cyber insurance has become a must for businesses. There are many different types of cyber coverage available on the market, and the coverage that an insured purchases will have...

Partner Matthew Lasky and Associate Alexis Stevens Will Present “Privacy, Confidentiality, Data Protection, and Sanctions Clauses” at RAA’s Re Contracts 2021

Partner Matthew Lasky and associate Alexis Stevens will co-present “Privacy, Confidentiality, Data Protection, and Sanctions Clauses” as a Hot Topic at Reinsurance Association of America (RAA)’s Re Contracts: The Art of Designing Reinsurance...

Six-Year Delay Precludes Coverage – Farage v. Associated Insurance Management

Farage v. Associated Insurance Management Corp., et al., 2021 NY Slip Op. 50653(U), 2021 WL 2908692SPACE(Sup. Ct., N.Y. Cnty. July 2, 2021) This case involved first-party property insurance coverage for fire damage to an apartment building located in Staten Island,...

No Direct Physical Damage to Property – Benny’s Famous Pizza Plus v. Security National

MCWG Decisions, 2021, Media Coverage

Benny’s Famous Pizza Plus Inc. v. Security National Insurance Company, 2021 NY Slip Op. 31963(U), 2021 WL 2772403 (Sup. Ct. Kings Cnty. July 2, 2021) This case involved a business interruption claim for losses arising out of COVID-19 closures. By decision dated...

Raymond Mastrangelo To Discuss “The Scope of an Arbitration Panel’s Authority” at AIRROC

Raymond Mastrangelo will speak on a panel discussing “The Scope of an Arbitration Panel’s Authority” at AIRROC’s Summer Membership Meeting on July 14. Joining Raymond on the panel is Ann Field, Senior Managing Director, Head of Client Services...

No Physical Impact or Damage – Marilyn’s Kids v. Continental Casualty Company

MCWG Decisions, 2021, Media Coverage

Marilyn’s Kids, Inc. d/b/a Denny’s v. Continental Casualty Company, Civil Action No. 20-8641, 2021 WL 4488598, (D.N.J. June 30, 2021) This case involved a claim for business income losses from COVID-19 under a first-party property insurance policy. The plaintiff, a...

$4.5 Million Claim Dismissed – Shea Properties Management v. The Continental Insurance company

MCWG Decisions, 2022, Media Coverage

Shea Properties Management Co., et al. v. The Continental Insurance Company, et al., Case No. SA CV 21-00514, 2021 WL 4815208 (C.D. Cal. June 29, 2021) U.S. District Judge David O. Carter dismissed the complaint in a $4.5 million builder’s risk insurance coverage...

Reinsurance Arbitration Awards — An Uphill Battle?

Maintaining Confidentiality When Petitioning for Relief in Court A long-running dispute between Pennsylvania National Mutual Casualty Insurance Company and one of its reinsurers, Everest Reinsurance Company, recently culminated in the unsealing of an award from an...

Why Legacy Insurance Coverage May Not Protect Early Adopters of Bitcoin – Law360

News, Bylined Articles, 2021, Media Coverage

This article was published on Law360.com (subscription required) on June 10, 2021, in Insurance Authority, and in the daily Insurance newsletter. It was written by Partner Amy Justine Kallal, Special Counsel Andrea Fort, and associate Andrew Romano. On June 9, El...

No Coverage Under Professional Liability Policies – Napoli Shkolnik, PLLC v. Greenwich Ins. Co.

Law firm Napoli Shkolnik, PLLC sought coverage under professional liability insurance policies issued by Greenwich Insurance Company and Hudson Excess Insurance Company for a lawsuit filed against it in federal court in Maryland, alleging that it had breached...

Vanessa Durante and Ethan Friedman Join Mound Cotton as Special Counsel, Expanding the Firm’s Insurance and Commercial Litigation Practices

This announcement appeared in PC360: People on the Move. NEW YORK (May 24, 2021): Mound Cotton Wollan & Greengrass LLP today announced that two new Special Counsel are joining the firm, Vanessa Durante in the Houston office and Ethan Friedman in the Emeryville...

Mound Cotton Ranked in Chambers US 2021 Guide; Partner Lloyd Gura Is Individually Ranked

Mound Cotton’s Insurance practice group is ranked in Insurance: Dispute Resolution: Insurer, New York, in Chambers and Partners USA’s 2021 guide to the top lawyers and law firms in the United States, with partner Lloyd Gura recognized in Band 3. Click here to view the...

Calculation of Insured’s Business Interruption Loss Must Include “Make-Up” – ACON Investments v. Various Insurers