Carl J. Pernicone: Lawyer with Wilson Elser Moskowitz Edelman & Dicker LLP

Carl J. Pernicone


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Experience & Credentials

Practice Areas

  • Asbestos
  • Insurance & Reinsurance Coverage
  • Product Liability
  • Environmental
  • Professional Liability & Services
  • Toxic Tort
  • Energy
Contact InfoTelephone: 212.915.5656
Fax: 212.490.3038
University Iona College, B.A., summa cum laude, 1980
Law SchoolFordham University School of Law, J.D., 1983
Admitted1984, New York; U.S. District Court, Eastern, Southern and Western Districts of New York; U.S. Court of Appeals, Second Circuit; U.S. Supreme Court

Memberships & Affiliations

American Bar Association, Litigation Committee; Tort and Insurance Practice Committee
New York State Bar Association, Environmental Law Committee
Association of the Bar of the City of New York, Ad Hoc Litigation Committee
New York County Lawyers Association
Council on Litigation Management
Defense Research Institute
Environmental and Emerging Claims Manager Association
Fordham University School of Law, Environmental Law Journal, editorial advisory board


Carl Pernicone is co-chair of the firm's Insurance-Reinsurance Coverage practice. Carl has extensive experience with matters involving toxic tort and environmental liability claims, including property insurance claims. He also applies the skill set he has developed in handling complicated environmental issues to assist insurers facing claims in emerging coverage areas such as climate change and clean energy technologies.

Carl adds value to his client relationships through responsiveness and regular follow up. He takes the time to get to know the issues of interest to each of his clients - including issues not related to projects Carl is handling for them- and frequently will pass along relevant news articles, email alerts or other materials to his clients. Carl also provides regular follow up on key topics of interest to attendees of educational programs he has presented.

In addition to his legal practice, Carl manages Wilson Elser's national attorney training program and is chair of the Associate Development Committee.

Awards & Distinctions

Selected for inclusion in New York Super Lawyers, 2006; 2009-2013


Cornell Ruling Is Cause for Experts' Concern July 1, 2014


Law360 Cites Carl Pernicone on Whether the Clean Air Act Preempts State Common Law Tort Suits
Law360 July 11, 2014

New York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home Rule Law
July 1, 2014


Hot Topics in Insurance Compliance - Developing Federal Law
January 16, 2014

Gasland vs. Fracknation: A Discussion of the Future Litigation on Gas Exploration
March 13, 2013


Business Insurance Quotes Carl Pernicone in Hydrofracking Article
March 2, 2014

One Year after Sandy, Property Insurers Engulfed by Wave of Lawsuits
December 11, 2013

Reported CasesRepresentative Matters; Budofsky v. Hartford Insurance Co. (seminal New York decision sustaining applicability of absolute pollution exclusion for environmental claims); Maryland Casualty Co. v. W.R. Grace & Co, In Re Union Carbide Corporation Multi-State Environmental Coverage Litigation; G. Heilman Brewing Co. v. Royal Group, Inc, et al.Borg-Warner Corporation v. INA, et al.In Re Babcock & Wilcox asbestos bankruptcy proceeding; In Re W. R. Grace asbestos bankruptcy proceeding; In Re Federal-Mogul Corporation asbestos bankruptcy proceeding; In Re Quigley asbestos bankruptcy proceeding

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New York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home Rule Law
Alexander L. Betke,Carl J. Pernicone, July 18, 2014
In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair of cases, In the Matter of Mark S. Wallach, as Chapter 7...

How Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits
Carl J. Pernicone, June 27, 2014
In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection Agency (EPA) it authorized displace - that is, preempt - “any federal...

Bad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract Count
Carl J. Pernicone,Robert M. Weber, June 11, 2014
Two recent New York federal court decisions -433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No. 7:13-cv-06790, S.D. N.Y.; 2014 U.S. Dist. - provide a good synopsis of the factual...

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Office Information

Carl J. Pernicone

150 East 42nd Street
New YorkNY 10017-5639


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