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

Carl J. Pernicone


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AV® Preeminent

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Practice Areas

  • Asbestos
  • Insurance & Reinsurance Coverage
  • Product Liability
  • Environmental
  • Professional Liability & Services
  • Toxic Tort
  • Energy
Contact InfoTelephone: 914.872.7556
Fax: 914.323.7001
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

AV Preeminent Rated by Martindale-Hubbell
Selected for inclusion in New York Super Lawyers, 2006; 2009-2014

Areas of Focus

Insurance-Reinsurance Coverage
For more than two decades, Carl has represented insurers and reinsurers across the country as counsel of record in complex, high-exposure insurance and reinsurance coverage disputes in state and federal courts. In addition to litigating matters, he analyzes coverage, issues coverage opinions, prepares reservation of rights and disclaimer letters, drafts policy wording, and drafts insurance coverage settlement and “buyback” agreements.

Much of Carl's work concerns coverage disputes arising from so-called “long-tail” injury claims, such as those involving asbestos, lead, silica, workplace chemical exposure and environmental liability. More recently, Carl has applied his extensive experience assisting insurance companies with long-term pollution cases from the 1980s and 1990s to address coverage implications for his clients in emerging areas such as climate change liability and hydrofracking for natural gas trapped in shale.

Currently, Carl is counseling insurers on the coverage implications of claims brought by plaintiffs residing in the vicinity of hydofracking operations. The plaintiffs are seeking medical monitoring for future injury due to the potential seepage of fracturing fluid into groundwater and the potential release of methane gas during the natural gas extraction process. In addition to such toxic tort and property damage claims, Carl is counseling insurers on potential product liability claims alleging defective drilling equipment.

Many of these same issues are surfacing in connection with other clean energy technologies such as wind and solar, and Carl presently is involved in analyzing them on behalf of his insurer clients.


Turning up the Heat on Historic Policies: How and Why Insureds Will Try to Access Coverage for Climate Change Liabilities under These Policies and How Insurers Can Defend against Such Claims

Speaking Engagements

October 9, 2014

Pacific Northwest Chapter of the Chartered Property and Casualty Underwriters (CPCU) Society

Gasland vs. Fracknation: A Discussion of the Future Litigation on Gas Exploration

Speaking Engagements

March 13, 2013

Perrin Conferences

Hydraulic Fracturing in Shale Plays: The Liability and Insurance Coverage Implications

Speaking Engagements

October 15, 2012

Atlantic Claim Executives Association Fall 2012 Coverage Workshop

Carl Pernicone Participates in Perrin's Legal Webinar on Hydrofracking


March 22, 2012

Carl Pernicone to Speak at Webinar on Latest Litigation Related to Hydrofracking Operations


March 7, 2012

Pernicone Participated in Webinar on Hydrofracking in the Marcellus Shale


April 14, 2011

Additional Events

Hydrofracking in the Marcellus Shale: The Liability and Insurance Coverage Implications, Webinar, April 20, 2011


EnergyWire Queries Wilkinson and Pernicone on the Bureau of Land Management's Controversial Fracking Regulatory Scheme

April 21, 2015

Update on Federal and State Regulations of Hydraulic Fracturing Operations

August 20, 2014

New York's Highest Court Hears Argument on Whether Municipalities Can Ban Fracking through Zoning

August 20, 2014

Texas Jury Returns $3 Million Award to Family Claiming Shale Gas Operations Damaged Their Heath

August 20, 2014

Holders of Mineral Rights Lose First Round, Appeal to Compel New York to Expedite Review of Proposed Hydraulic Fracturing Regulations

August 20, 2014

Business Insurance Quotes Carl Pernicone in Hydrofracking Article

March 2, 2014

One Year after “Sandy,” Property Insurers Engulfed by Wave of Lawsuits

Unprecedented Influx of “Sandy” Cases

December 11, 2013

Insurance companies with policyholders in the tri-state area find themselves in the crosshairs of several law firms intent on extracting damages in the wake of Superstorm Sandy. Local attorneys are working side by side with out-of-state law firms familiar with the legal aftermath of hurricanes, including Katrina. Together, they are systematically filing lawsuits in both state and federal courts in lower New York and New Jersey. As part of their efforts, they have embarked on an advertising campaign to potential claimants, outlining in detail their qualifications and proposed approaches.

Pernicone Voices Energy Producers' Opposition to Massachusetts's Proposed Fracking Moratorium

December 5, 2013

Agents of America Publishes Article by Pernicone, Cohen and Graham

April 17, 2013

Business Insurance Quotes Carl Pernicone in Hydrofracking Article

February 24, 2013

Wilson Elser's Carl Pernicone Accepts Invitation to join the Council on Litigation Management

May 25, 2011 Carl Pernicone has accepted an invitation to join the Council on Litigation Management (CLM), an invitation-only organization.

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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Kentucky Federal Court Sustains Hospital Insurer’s Denial of Claim Due to Untimely Notice, Declines to Require Insurer Show Prejudice
Edward M. O'Brien,Carl J. Pernicone, June 22, 2015
The U.S. District Court for the Eastern District of Kentucky recently held that an insurer properly denied coverage to a hospital because the hospital gave untimely notice of the claim. In Ashland Hospital Corporation v. RLI Insurance Company, Civil Action No. 13-143-DLB-EBA (E.D. Ky. Mar. 17,...

Colorado High Court Nixes Use of Lone Pine Orders to Streamline Colorado Fracking Litigation
Elayna M. Fiene,Cathleen H. Heintz,Carl J. Pernicone, May 15, 2015
On April 20, 2015, the Colorado Supreme Court issued a ruling interpreting Rule 16 of the Colorado Rules of Civil Procedure and implicating the scope of a trial court’s inherent authority to manage the cases before it. In Antero Resources v. Strudley, the issue decided by the Court was...

Federal Government Issues Long-awaited Final Rules Governing Fracking on Federal Land and Indian Land
Carl J. Pernicone,Kathleen D. Wilkinson, March 31, 2015
On March 20, 2015, the Department of the Interior’s (DOI’s) Bureau of Land Management (BLM) issued its long-awaited “final” rules governing hydraulic fracturing operations on federal lands and land owned by Indian tribes.

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Office Information

Carl J. Pernicone

150 East 42nd Street
New YorkNY 10017-5639


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