In 1996, the London Engineering Group (LEG) first introduced a set of model defects clauses applying to physical loss or damage to insured property caused by defects in material, workmanship, design, plan, or specification, known as LEG 1, LEG 2, and...
In late May 2023, the Second Circuit Court of Appeals issued a detailed and complex decision that demonstrates in unusually lucid fashion that the interconnected worlds of U.S. and U.K. insurance and reinsurance law, despite being populated by a people...
This seminar is postponed – more information to follow Costantino Suriano, Loss Executives Association (LEA), St. John’s University, The Peter J. Tobin College of Business, Maurice R. Greenberg School of Risk Management, Insurance and Actuarial...
Join us for the following panels and RSVP to communications@moundcotton.com – Lloyd Gura: Issues & Challenges Facing Reinsurance Legal Departments Amy Kallal: Issues in the Captive Market in 2023 and Beyond Ray Mastrangelo: The Art &...
Florida Circuit Court Grants Mound Cotton’s Clients Dismissal of COVID-19 “Special Perils” Claim Mound Cotton’s clients were dismissed with prejudice from a COVID-19 coverage action seeking “Special Perils” coverage. The...
Indiana Court Grants Judgment for MCWG’s Client in COVID-19 Coverage Action On Friday, Mound Cotton’s client Zurich American Insurance Company won its motion for a judgment on the pleadings in a COVID-19 coverage action brought by piano manufacturer...
Mound Cotton is a proud sponsor of the RAA (Reinsurance Association of America)’s Re Contracts: The Art of Designing Reinsurance Contracts and Programs conference on July 25-27, 2023 in New York. Partner Ray Mastrangelo presented “Issues to...
Thomas Breen is quoted in this article discussing the specialty lines cases to watch in the second half of 2023 so far, including Eric Kay v. Ironshore Indemnity; President and Fellows of Harvard College v. Zurich American Insurance Co.; and SXSW LLC...
Partner Thomas Breen is quoted in this article about the biggest specialty lines cases in 2023 so far, including Towers Watson & Co. v. National Union Fire Insurance Co. and Clover Health Investments Corp. v. Berkley Insurance Co. You can read the...
NEW YORK — Who’s Who Legal (WWL) has recognized Stuart Cotton and Lloyd Gura among its distinguished list of legal experts as both Thought Leader, USA 2023 and Global Leader, Insurance & Reinsurance 2023. WWL selects attorneys for their...
In Fontainebleau Florida Hotel, et al. v. Westchester Surplus Lines Insurance Co., et al., No. 2021-016874-CA-01 (Fla. 11th Cir. Ct. June 25, 2023), Mound Cotton’s clients were granted reargument and were awarded judgment on the pleadings on the ground...
Barry Temkin will present “Current Ethical Issues for In-House Counsel & Those Who Advise Them: Litigation Perspectives” CLE at the New York City Bar on June 21, 2023. His co-presenters are Adrienne Eason-Wheatley, Managing Counsel at Bank of...
Mound Cotton will host IRUA’s Networking Group on June 27 at our New York City office. Partner Lloyd Gura will provide an update on Sexual Abuse and Molestation Claims and the resulting insurance and reinsurance issues, including number of...
Because arbitration is generally considered a more efficient forum for dispute resolution than litigation, insurers may include mandatory arbitration provisions––often with New York law and forum provisions––in their contracts. New York has served as a...
NEW YORK — Mound Cotton is ranked in Insurance: Dispute Resolution: Insurer, New York, Band 4, in Chambers and Partners USA’s 2023 guide and Lloyd Gura is individually ranked in Band 4. Mound Cotton’s full rankings can be viewed at Chambers and...
Costantino Suriano spoke on the session “Ted Talk: Claims/Practical Side of CATS” at the 2023 Insurance Regulation Conference – Insurance Industry Resilience, Post-Pandemic on May 24. Costantino’s co-presenter was Paul Aviles, SVP...
The Surfside collapse and its $1.2 billion class action settlement in 2021 created a pivotal moment for Florida insurance regulations in property losses. Partner Lloyd Gura dives into the legislative response of the state and its efforts to curb the...
Thomson Reuters’ Super Lawyers recognized 14 Mound Cotton attorneys on its Super Lawyers and Rising Stars lists for 2023. Super Lawyers acknowledges exceptional lawyers; each nominated attorney undergoes a comprehensive evaluation process based on...
Both Barry Temkin and Kate DiGeronimo were panelists at the 2023 IBDC (Independent Broker Dealer Consortium)-RIAC Risk Management Conference, where Mound Cotton was a platinum sponsor Kate was on the panel, “Why is it important for IBDs and RIAs...
Kristen Kish was a panelist on “Hot Topic – The Future of Reinsurance Collateral” at RAA Re Basics: Demystifying Reinsurance course in New York on May 9. The Reinsurance Association of America (RAA) offers this two-day course that equips...
HOUSTON — Mound Cotton, a leading law firm representing insurance companies, announced today that Karl Schulz joined the firm’s Houston office. An experienced litigator, he represents insurance companies in first party property insurance claims. “We are...
Hayden Asset VIII LLC v. Public Service Mutual, case number 161751/2014 (New York Supreme Court) Mound Cotton’s client recently received a favorable ruling from a New York state judge in a case involving water damage claims made by the owner of a...
NEW YORK, FLORHAM PARK — Mound Cotton, a leading law firm representing insurance companies, announced today that Guyon Knight joined the New York office as a partner. Guyon represents insurers and reinsurers in high-stakes coverage and bad faith...
Partner Wendy Stein Fulton will speak on “Frenemies – Insurer v. Insurer Bad Faith” at DRI’s upcoming Insurance Bad Faith and Extra-Contractual Liability Seminar in Charlotte on June 15. As insurer versus insurer litigation is becoming...
Lloyd Gura is a panelist on “Not Your Father’s (or Mother’s) APH” at AIRROC’s Spring Membership Meeting in New York City. The panel will discuss current trends in asbestos pollution and health hazards, or APH, and emerging...
Enforcement of Arbitration Agreement
Vose Avenue Apartments Urban Renewal, LLC v. Certain Underwriters at Lloyd’s London, et. al, No. 2:22-cv-05691-SDW-JRA (D.N.J. Mar. 8, 2023) (Wigenton, J.) All thirteen of Mound Cotton’s clients were dismissed from a Hurricane Ida coverage action...
No Direct Physical Loss or Damage
Benihana v. Allied World et al., case number 650495/2022 (Manhattan Supreme Court) In this COVID-19 coverage matter, the court was asked to consider whether Benihana could demonstrate “direct physical loss or damage” to property in...
No Physical Loss or Damage
Madison Square Garden Sports Corp. et al. v. Factory Mutual Insurance Co. et al., case number 2022-02068 (New York Supreme Court Appellate Division, First Department) Madison Square Garden and related entities appealed a lower court ruling in favor of...
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...
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...
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...
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...
NEW YORK — 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 success,”...
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...
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...
No Physical Loss or Damage
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...
NEW YORK — 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...
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...
“Residence Premises” Exclusion
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...
Thomson Reuters’ Super Lawyers recognized 15 Mound Cotton attorneys on its Super Lawyers and Rising Stars lists for 2022. Super Lawyers recognizes outstanding lawyers in the state. Each nominated attorney goes through a twelve-indicators-based...
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,...
NEW YORK — 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...
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...
No Direct Physical Loss or Damage / COVID-19
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. “The...
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...
NEW YORK — 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...
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 Special Counsel Colleen Martindale, 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...
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...
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...
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...
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...
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...
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...
Enforcement of Arbitration Agreement
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 — Mound Cotton announced today that they have elevated three attorneys to partner. Both Jodi Tesser and Jared Markowitz work out of the New York office, and Stephanie Tippit works from the Texas office. “We are honored to welcome Jodi,...
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...
This article was published in Daily Business Review on December 21, 2021.
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...
Business Income Loss / Covid-19; Microorganism Exclusion
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...
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...
“Residence Premises” Exclusion
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...
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...
Business Interruption / COVID-19
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...
NEW YORK — 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...
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...
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...
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...
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...
