This Q&A was published in the January/February 2023 issues 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...
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...
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...
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...
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...
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...
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....
“‘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...
View the Agenda...
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...
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 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,...
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...
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...
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...
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...
No Direct Physical Loss or Damage / Contamination Exclusion
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...
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...
No Direct Physical Loss or Damage / COVID-19
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...
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;...
No Physical Loss or Damage
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....
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...
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...
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...
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....
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...
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,...
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,...
Prompt Notice
Earth Movement Exclusion
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....
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...
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.
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...
Her team includes Special Counsel Colleen Martindale and two associates
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...
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...
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...
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...
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...
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...
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...
Covid 19/No Physical Loss or Damage
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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.
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...
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...
No Direct Physical Loss or Damage
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...
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...
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...
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...
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,...
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...
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,...
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...
No Direct Physical Loss or Damage
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...
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...
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...
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...
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...
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...
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...
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...
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...
Partner Kathleen DeLaney and Special Counsel Benjamin R. Messing joined earlier this year, as well as two new associates, expanding the firm’s footprint
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...
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...
Partner Barry Temkin will discuss The Ethics of the Remote Practice of Law, and ABA’s Ethics Opinion 498, at NELA/NY’s (National Employment Lawyers Association) Spring Conference on May 14. With his co-presenter, Jennifer Goldsmith at...
State and federal courts across the country are grappling with insurance coverage litigation, as insureds who suffered business losses due to government-mandated shutdowns look to their property insurers for relief. These cases present the following key...
Barry Temkin co-authored “ABA Remote Work Guide Raises Bar For Atty Tech Know-How” in Law360 (subscription required) with Jennifer Goldsmith, vice president of professional liability claims at Ironshore, discussing ABA Ethics Opinion 498, a...
This article was published on Liberty Mutual’s website. You can access it here. This article will consider potential future claims against design professionals that are expected to arise from the Covid-19 pandemic and offer recommendations for how...
This article was published in the New York Law Journal on January 15, 2021. In addition to a 2018 ABA ethics opinion which outlines when law firms are ethically obligated to notify clients of data breaches jeopardizing the security of their confidential...
We want to extend a warm welcome to our new partners, Eric T. Krejci and Steven P. Nassi, both resident in the New York office.
MCWG Partner Matthew Lasky will be a panelist in the ‘Hot Topic Panel – Underwriting in the Time of Covid 19’ at the Re Underwriting 2020 — Underwriting Fundamentals and Current Issues for the Reinsurance Education Institute of...
Partners Matthew Lasky and Amy Kallal have prepared updates on two key areas for AIRROC’s Work From Home Webinars that they will present on September 29, 2020. To sign up or find out more about the webinars, ‘Vaping: What’s Hiding...
This article was originally published in the New York Law Journal on July 20, 2020. Expert Opinion The SEC and U.S. Justice Department are investigating suspicious stock trades made by U.S. Senator Richard Burr in February 2020, which might have been...
Partner Barry Temkin will be speaking on March 6 at the New York State Bar Association program on “Securities Arbitration 2020: Deep Dive.” See attached brochure for more information.
Partner Barry Temkin was quoted in an article in Investment News, “Finra fines Prudential $1 million over inaccurate retirement-plan information,” discussing FINRA’s recent enforcement action resulting from an inquiry of Prudential...
Defending Champion Mound Cotton will once again be sponsoring a team at the “Frozen Apple VII” insurance industry outdoor hockey game, taking place on January 18 at Lasker Rink in Central Park. Jeff Weinstein and Ken Labbate will be skating for MCWG....
Several MCWG attorneys will be attending the Loss Executives Association’s 89th Annual Meeting & Mid-Winter Educational Program in Fort Lauderdale, Florida, from January 15th to the 17th. Partner Jeffrey Weinstein will be a featured speaker,...
On December 18th MCWG participated in Brooklyn Public School 131’s Annual Toy Drive. Each child in the assigned third grade class wrote a letter to Santa Claus and our firm gladly granted their wishes. Click play to watch the video above.
Congratulations to our Partner Costantino Suriano for speaking about Cyber Law at the LEA 2019 Young Professionals Seminar at St. John’s University School of Risk Management on November 7, 2019. The seminar had presentations that covered: Cyber Attacks...
Our Partner William Wilson will be speaking this Wednesday, November 6, at the DRI Complex Coverage Forum taking place in the Hilton Hartford Downtown, 315 Trumbull Street, Hartford, CT. For more information please click the link below....
Congratulations to our partner, Costantino Suriano, for co-chairing a panel of industry leaders in the St. John’s University School of Risk Management annual conference, Regulatory Risk in Uncertain Times on October 23, 2019.
Our partner, Costantino Suriano, is co-chairing a panel of industry leaders in the St. John’s University School of Risk Management annual conference, Regulatory Risk in Uncertain Times on October 23, 2019, which will be held at the Yale Club in New York...
Partner Barry Temkin’s article about the SEC’s new regulation governing broker-dealers, Regulation Best Interest (Reg. BI), “New ‘Regulation Best Interest’ Becomes Effective for Broker Dealers,” was published in the New York Law...
Partner Costantino Suriano will present at the Loss Executives Association’s 4th Annual Young Professionals Day on Thursday, November 7, 2019 at the St. John’s School of Risk Management, Insurance and Actuarial Sciences. Please click the link...
MCWG’s 6th Annual NYC Reinsurance Conference is on Thursday, September 19 at the New York City Bar Association. This conference, chaired by Lloyd Gura, qualifies for CE/CLE credit. The Panel Moderators this year are Ann Field, Gregg Hirsch,...
Congratulations to Jack Bove! On June 12, 2019, he received the Network of Bar Leaders Presidents’ Award as President of the Managing Attorneys and Clerks Association at the Annual Presidents’ Dinner. The featured speaker was Letitia James, NYS Attorney...
For more information: Current Ethical Issues for In-House Counsel & Those Who Advise Them: Litigation Perspectives...
The article, co-authored with Brenda Dorsett, is about ethical concerns for lawyers who use Amazon Echo and other voice-activated digital assistants. It was published on Friday, May 24, 2019, as an Expert Analysis. Click here to download and read. Click...
The 2019 Annual Loss Executives Association Conference was hosted in Fort Lauderdale, Florida from January 30 to February 1, 2019.
Sanjit S. Shah represented MCWG as a panelist during a New York City Bar Association CLE course titled “Hard Legal Ethics Questions: How to Resolve Them or, Even Better, Avoid Them.” The course was held on May 16, 2019 from 9:00-10:45 AM and...
The article, “America Has An Opioid Problem: Who’s Going To Pay To Fix It?,” is available in the AIRROC Matters 2019 Spring Issue and The Society of Actuaries. Read the article here.
Mr. Temkin’s presentation of “The Trump Bubble: What Happens When the Longest Bull Market in U.S. History Hiccups?,” was chosen to be included in the 2019 PLDF Annual Meeting. This will take place at the W Lakeshore – Chicago, located at 644 N...
Mr. Lasky will speak about Privacy, Confidentiality, Data Protection and Sanctions Clauses, on Tuesday, July 23rd, from 3:15 to 4:15 p.m The RAA’s Re Contracts Course: The Art of Designing Reinsurance Contracts and Programs will be conducted on Tuesday,...
