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

Carl J. Pernicone

Phone212.915.5656

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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
http://www.wilsonelser.com/attorneys/carl_j_pernicone
 
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
 
Biography

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.

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.

Representative 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

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

Awards & Distinctions

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

 
ISLN904492970
 

Documents by this lawyer on Martindale.com

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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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