Practice Areas & Industries: Goldberg Segalla LLP


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In any insurance dispute, early identification of critical elements is essential, regardless of where a party sits in the insurance pyramid: insurer, excess, cedent, reinsurer or policyholder. Identifying exposure for extra-contractual claims, understanding the timing of responses and investigation, and assessing whether there are global implications of the outcome are just a few of the issues that should be examined.

The attorneys in the Global Insurance Services Group apply their collective experience to identify the key issues that can often make the difference between an average outcome and an excellent result.

Our approach is uncomplicated. We understand that each engagement is unique, and we pride ourselves on working collaboratively with our clients to achieve a cost-effective solution. We start by teaming with our clients to understand what drives a particular insurance dispute, and then we map out a realistic strategy for achieving a resolution. The process may include: a comprehensive audit; policy reviews; regulatory advice; positioning a dispute for resolution at the business level (either through interim funding or non-waiver agreements); negotiations among counsel; mediation; fully involved arbitration; or full involved litigation.

Our attorneys possess comprehensive knowledge of the complexities that frequently arise in insurance disputes. Our group is comprised of dozens of attorneys throughout all of our offices, all seamlessly connected through technology. With this approach, we ensure a cohesive and singular position for clients represented in different venues on similar issues.

Because of our broad base of experience, we consider ourselves uniquely qualified to represent our clients on an international level. Our attorneys:

  • Are accomplished speakers and presenters in all arenas of insurance practice
  • Regularly educate colleagues and members of the insurance industry
  • Include the editor of the renowned Couch on Insurance treatise and authors of the Appleman on Insurance treatise
  • Hold key leadership positions in state and national insurance organizations, including the Defense Research Institute, the International Association of Defense Counsel, International Claim Association, the Federation of Defense and Corporate Counsel, and the Federation of Regulatory Counsel
  • Publish CaseWatch: Insurance, which provides analysis of insurance coverage decisions across the United States
  • Publish Reinsurance Review, providing timely summaries and access to the latest reinsurance law, news, and developments worldwide
  • Publish the Environmental Coverage Report and Life, Health, Disability, and ERISA
  • Maintain a daily blog entitled the Insurance and Reinsurance Report, focusing on recent insurance decisions
  • Earned the Law Firm of the Year award from Reactions at its 2014 London Market Awards
  • Earned the 2014 USA Insurance Law Firm of the Year award from Lawyer Monthly, along with the Insurance and Reinsurance Lawyer of the Year titles in both the United States and the United Kingdom
  • Are ranked in the United Kingdom editions of Legal 500 and Chambers for insurance and reinsurance litigation
  • Are listed in the insurance and reinsurance editions of the international Who’s Who Legal and Expert Guides directories
  • Ranked as a finalist for the Best Law Firm distinction in Intelligent Insurer’s Global Awards in 2013, 2014, and 2015
  • Earned a Highly Commended ranking in the U.S.–Overall Leaders category in the 2013 Legal Elite, an annual survey conducted by the international publication Intelligent Insurer, and led the firm to a No. 6 rank on Reinsurance magazine’s Power List in 2010

The attorneys at Goldberg Segalla also have extensive experience in many specialized areas of insurance law, allowing us to provide cost-effective counsel for our clients.

Articles Authored by Lawyers at this office:

Impact on Employers After Supreme Court's Ruling of Uphold Key Provision of Affordable Care Act
Sean P. Beiter,Caroline J. Berdzik, June 30, 2015
In a 6-3 decision issued today, the United States Supreme Court once again upheld President Obama’s signature legislation, the Patient Protection and Affordable Care Act, keeping the employer mandate in effect for all states - even those without their own health insurance exchange.

Controversies on the Rise Between Policyholders, Cyberinsurers, and CGL Insurers
Daniel W. Gerber,John J. Jablonski,Jonathan L. Schwartz, June 18, 2015
With all the high-profile and precedent-setting activity that occurred last month, May might as well be known as Data Breach Coverage Month. It saw the settlement of a landmark online data breach coverage case, the first cyberinsurance coverage ruling, a state supreme court affirming a data breach...

NY Dept. of Financial Services Requests Detailed Cyber Security Reports From Insurers
John J. Jablonski,Sandra M. McDermott,Frederick J. Pomerantz, April 14, 2015
Cyber security is clearly one of the highest priorities — if not the top concern — for regulators in 2015. Late last month, the New York Department of Financial Services (DFS) sent more than 160 licensed insurers a New York Insurance Law Section 308 Letter seeking a detailed report...

New York Amends Controversial Provisions of Replacement Regulation
Sandra M. McDermott, April 14, 2015
After almost two decades, the New York Department of Financial Services (DFS) has approved amendments to New York Insurance Regulation 60, which will now permit insurance agents to immediately bind coverage where an existing life insurance policy or annuity contract is being replaced. The Third...

Meth Is Not “All Natural”: Failure To Conform Exclusion Bars Coverage for False Advertising Lawsuits
Michael P. Kandler,Michael F. Lettiero, March 24, 2015
In General Star Indemnity Co. v. Driven Sports, Inc., 2015 U.S. Dist. LEXIS 7966 (E.D.N.Y. Jan. 23, 2015), General Star Indemnity Co. (“Gen Star”) issued a commercial lines policy to Driven Sports, Inc. (“Driven”), a producer and seller of an energy supplement called Craze....

New Insurance Covers Celeb-Endorsed Products from Endorser’s Public Fall from Grace
Joseph M. Hanna, March 16, 2015
American International Group, Inc. (AIG) announced a new insurance product called Celebrity Product RecallResponse. According to the company, it is designed to protect companies exposed to risks if a celebrity endorser suffers a public fall from grace or sudden death. It aims to particularly help...

Kmart Corporation v. Footstar, Inc.
Sarah J. Delaney,Clayton D. Waterman, March 12, 2015
Insurer’s Duty to Indemnify Limited to Insured’s Agreed Upon “Work” and Did Not Apply to Liability Arising from Actions of the Insured Outside Scope of “Work” and In Breach of the Agreement.

California Issues Emergency Regulation on Access to Healthcare Providers
Aaron J. Aisen,Sandra McDermott, March 12, 2015
During his second inauguration, California Insurance Commissioner Dave Jones, announced a new emergency regulation relating to access to healthcare providers.

Federal Insurance Office Issues Reinsurance Report
Aaron J. Aisen,Frederick J. Pomerantz, March 12, 2015
Among other provisions, Title V of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) authorizes the Federal Insurance Office (the FIO) to monitor all aspects of the insurance industry, including reinsurance. {Dodd-Frank Act, §§ 501-502; 31 U.S.C. § 313...

Indiana Supreme Court Addresses Monetary Threshold for Secondary Liability in Workers Compensation Case
Patrick B. Omilian,Joel J. Terragnoli, March 12, 2015
In Young v. Hood’s Gardens, Inc. 2015 Ind. LEXIS 46 (Jan. 22, 2015), the Indiana Supreme Court reversed a lower court ruling granting summary judgment to a business owner who had sought a declaration that it was not required to pay workers compensation benefits to the employee of a contractor...

Insurer Owes No Coverage for Property Damage Due to Late Notice
Sarah J. Delaney,Clayton D. Waterman, March 12, 2015
There was a dispute between the former executives of a dissolved construction company and its insurer over property damages. The executives of the dissolved insured had agreed to a settlement of $420,000 with home owners over allegedly shoddy work performed on their homes in 2006. The insured had...

PA Supreme Court Clarifies Trigger of Coverage for Injury to Livestock
Michael S. Saltzman,Colin B. Willmott, March 12, 2015
The Supreme Court of Pennsylvania recently interpreted the trigger of coverage applicable to property damage, including the first manifestation and multiple trigger approaches. The Supreme Court held in Pennsylvania National Mutual Casualty Insurance Co. v. St. John, 2014 WL 7088712 (Pa. Dec. 15,...

Cyber Breaches Prompt Government Action
Aaron J. Aisen,Frederick J. Pomerantz, March 11, 2015
The recent data breach at health insurer Anthem has sparked new legislation in Connecticut. During the breach, at least 80 million records were stolen. According to NBC News, among the 80 million victims, tens of millions of American children had their Social Security numbers, dates of birth,...

District Court Sleuthing Around Policy Numbering Undermines Insurer’s Motion for Summary Judgment
Michael Lettiero,Michael S. Saltzman, March 11, 2015
In Connolly v. Progressive Northern Insurance Co., et al., No. 3:13-cv-2717, 2015 WL 464877 (M.D. Penn. Feb. 4, 2015), the United States District Court for the Middle District of Pennsylvania denied Progressive Northern Insurance Company’s (“Progressive”) motion for summary...

Insurers Have No Duty To Defend Chiropractor Against Failure To Warn of Sexual Assault Claim
Brian R. Biggie,Joel J. Terragnoli, March 11, 2015
In Hanover American Insurance Co. v. Balfour, 2015 U.S. Dist. LEXIS 874 (10th Cir. Jan. 21, 2015), the U.S. Court of Appeals for the Tenth Circuit affirmed an Oklahoma federal district court’s rulings in favor of two insurers arising out of a claim against a chiropractor for negligent failure...

Law Firm’s Policy Rescinded For Misrepresentation in Application
Sarah J. Delaney,Clayton D. Waterman, March 11, 2015
The Supreme Court of Illinois held that the insurer was entitled to rescind a law firm’s malpractice policy based on material misrepresentations in the firm’s renewal application. The main issue in this case was whether the policy could be rescinded despite one of the firm’s...

Midland Life Insurance Company Pays $1.3 Million to California Department of Insurance for Improper Annuity Sales
Sandra McDermott,Alex J. Yastrow, March 11, 2015
The recent $1.3 million dollar settlement between Midland National Life Insurance Company (“Midland”) and the California Insurance Department - based upon Midland’s inappropriate sales practices in marketing annuities to seniors - is a strong indication that life insurance...

N.Y. Court of Appeals Upholds Carriers Interpretation of Ensuing Loss Exception to Water Exclusion
Brian R. Biggie,Fallyn B. Cavalieri, March 11, 2015
In Platek v Town of Hamberg (N.Y. Ct. Apps., Feb. 19, 2015), New York’s highest court reversed the decision of the Fourth Department appeals court siding with the carrier’s interpretation of the water exclusion contained within a homeowner’s all risk policy. The relevant policy...

New York Department of Financial Services Seeks Stronger Cyber Hacking Defenses From Insurers
Frederick J. Pomerantz,Alex J. Yastrow, March 11, 2015
On February 4, 2015, Anthem Inc. disclosed that as many as 80 million customers’ sensitive personal information may have been compromised by criminal hackers. As a timely coincidence, but prompted in part by the breach, on February 8, the New York Department of Financial Services (DFS) issued...

Schism Between Groups of Asbestos Claimants Following $358 Million Garlock Settlement
Helen A. Franzese,Rebecca Haworth, March 11, 2015
In a $358 million dollar agreement, which has drawn nationwide attention from insurers and other companies with asbestos liabilities, Garlock Sealing Technologies has agreed to settle all asbestos claims against the company. This agreement was made possible largely because of evidence that lawyers...

South Carolina Supreme Court: Medical Malpractice Statute of Repose Bars Claims for Equitable Indemnity
Richard J. Ahn,James D. Macri, March 11, 2015
In Columbia/CSA-HS Greater Columbia Healthcare Sys., LP v. S. Carolina Med. Malpractice Liab. Joint Underwriting Ass’n, 2015 WL 249536 (S.C. Jan. 21, 2015), the Supreme Court of South Carolina affirmed two lower courts’ constructions of the medical malpractice statute of repose and...

Texas Supreme Court Rejects Additional Insured Coverage for BP To the Tune of $750 Million
Jonathan L. Schwartz,Colin B. Willmott, March 11, 2015
In a decision handed down by the Supreme Court of Texas on Friday, the court determined that BP was not entitled to additional insured coverage under several insurance policies issued to Transocean by a variety of insurers. In re: Deepwater Horizon, No. 13-0670 (Tex. Feb. 13, 2015). The opinion...

Third Circuit Affirms Denial of Reinsurance Contract Rescission
Jeffrey L. Kingsley,James D. Macri, March 11, 2015
Munich Reinsurance America, Inc. (“Munich”) provided reinsurance coverage to Everest National Insurance Co. (“Everest”) on workers compensation claims. Munich then sought reinsurance coverage for its own liability and did so from Continental Casualty Insurance Co....

Toll Free: First Circuit’s Decision Potentially Leaves Thousands of Asbestos Claimants Without Remedy Due to Expiration of Statute of Limitations
Joanna M. Roberto,Alex J. Yastrow, March 11, 2015
In Lydon v. T& N Ltd., 2015 WL 544970 (1st Cir. 2015), the First Circuit found in favor of T&N Limited, an asbestos manufacturer, effectively denying thousands of asbestos-related claims. Once T&N became aware that its product exposed it to significant liability due to its propensity to cause...

Missouri High Court Allows Excess Insurer To Proceed with Bad Faith Refusal to Settle Claim Against Primary Insurer
Joanna M. Roberto,Colin B. Willmott, February 24, 2015
In Scottsdale Insurance Co. v. Addison Insurance Co., No. SC93792, 2014 Mo. LEXIS 335 (Mo. Dec. 9, 2014), the Supreme Court of Missouri reversed the trial court’s grant of summary judgment in favor of United Fire & Casualty Company (United Fire) with regard to the bad faith refusal to...

Wisconsin High Court Gets Its Hands Dirty by Ringing in the New Year with Two Decisions about Coverage for Feces Contamination
Jonathan L. Schwartz,Colin B. Willmott, February 24, 2015
First, in Preisler v. General Casualty Insurance Co. et al., 2014 WI 135, the Supreme Court affirmed an order of summary judgment in favor of Rural Mutual Insurance Company, Regent Insurance Company, and General Casualty Company, finding that the pollution exclusion barred coverage.

Compulsory Insurance Doctrine Negates Insurer’s Late Notice and Cooperation Defenses, 8th Circuit Says
Davis J. Kim,Patrick B. Omilian, February 20, 2015
In Northwest Airlines, Inc. v. Professional Aircraft Line Service, No. 13-1754, 2015 U.S. App. LEXIS 546 (8th Cir. Jan. 14, 2015), the Eighth Circuit rejected an insurer’s attempt to deny coverage based on late notice and failure to cooperate defenses because the insured was required by...

Failure To Plead That Excess Liability Policies Were Implicated Leads To Dismissal Of Third Party DJ Complaint
Jensen Varghese,Clayton D. Waterman, February 10, 2015
In this declaratory judgment action, the court held that defendants Travelers Indemnity Company and Travelers Casualty and Surety Company (Travelers) had a duty to defend its insured Chicago Pneumatic Tool Company (Chicago Tool) for silica- and asbestos-related claims, prompting Traveler to file a...

GAO and MITRE Sponsor Discussion on Information Sharing During a Crisis
Aaron J. Aisen, February 10, 2015
During a crisis, good information is critical to ensure a proper and prompt response. One big challenge is how to ensure good information sharing both between different levels of government and even between agencies at the same level of government.

Illinois Appellate Court Rejects Professional Liability Coverage for Junk Fax Claim
Jonathan L. Schwartz,Colin B. Willmott, February 10, 2015
In Margulis v. BCS Insurance Co., 2014 IL App (1st) 140286, the Illinois Appellate Court affirmed a circuit court’s grant of summary judgment in favor of BCS Insurance Company (BCS), finding that it was not obligated to defend or indemnify its insured, Bradford & Associates (Bradford),...

Independent Contractors Fall within Employment-Related Practices Exclusions Says First Circuit
Michael Glascott,Colin B. Willmott, February 10, 2015
In Ruksznis v. Argonaut Insurance Co., 2014 U.S. App. LEXIS 23881 (1st Cir. Dec. 18, 2014), the First Circuit affirmed the district court’s grant of summary judgment in favor of Argonaut Insurance Company (Argonaut), finding that the employment-related practices exclusion in the subject...

Minnesota Court Finds Specific Provisions In Policy Exclusion Govern Over More General Follow Form Provisions
Jonathan Schapp,Jensen Varghese, February 10, 2015
This insurance coverage action stemmed from an underlying motor vehicle accident where Arnold Paster’s vehicle (driven by Paster and owned by Paster Enterprises) collided with Jerome G. Wind’s motorcycle. Wind sought coverage for his injuries from Paster Enterprises’ commercial...

PA High Court Gives Green Light to Assignment of Bad Faith Claims
Anthony J. Golowski,Michael S. Saltzman, February 10, 2015
In Allstate Prop. & Casualty Insurance Co. v. Wolfe, No. 39 MAP 2014, 2014 Pa. LEXIS 3309 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court, in deciding a certified question from the Third Circuit, ruled that statutory bad faith claims under 42 Pa. C.S.A. § 8371 are assignable.

Second Circuit Holds “Loss Expenses” Not Categorically Excluded from Liability Limit of Facultative Reinsurance Certificate
Jeffrey L. Kingsley,Joel J. Terragnoli, February 10, 2015
In Utica Mutual Insurance Co. v. Munich Reinsurance America, Inc., the Second Circuit Court of Appeals reversed and remanded a summary judgment determination against a reinsurer with regard to the reinsurer’s obligations to reimburse the insured’s claim expenses. Utica Mutual Insurance...

Settlement of Ill-Gotten Gains Suit Does Not Constitute Repayment or Restitution
James D. Macri,Jonathan Schapp, February 10, 2015
On Tuesday, December 16, in U.S. Bank Nat. Ass’n v. Indian Harbor Ins. Co., 2014 WL 7183851 (D. Minn. Dec. 16, 2014), the US District Court for the District of Minnesota granted US Bank’s summary judgment motion, finding insurance coverage in an overdraft-fee dispute settlement.

Sixth Circuit Interprets ‘Direct Action’ Provision of 28 U.S.C. 1332 in the Context of Michigan’s No-Fault Insurance Law
Jonathan L. Schwartz,Joel J. Terragnoli, February 10, 2015
In Ljuljdjuraj v. State Farm Mutual Automobile Ins. Co., 2014 U.S. App. LEXIS 24108 (6th Cir. Dec. 19, 2014), the U.S. Court of Appeals for the Sixth Circuit held that the ‘direct action’ provision of 28 U.S.C. § 1332(c)(1) does not destroy diversity jurisdiction in an action...

TRIA - When the Ball Drops, No Need to Panic But...
Aaron J. Aisen,Frederick J. Pomerantz, February 10, 2015
At exactly 12:00 a.m. on January 1, 2015, the New Year will be celebrated amidst ball drops and renditions of “Auld Lang Syne.” However, amidst the celebrations, the Terrorism Risk Insurance Act (TRIA) will expire. While there is a very real possibility that Congress will pass...

Tenth Circuit Reminds Insurer Cannot Use the Attorney-Client Privilege as Both a Sword and a Shield
Jensen Varghese,Colin B. Willmott, February 10, 2015
The Tenth Circuit in Seneca Insurance Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014), affirmed a district court’s decision to allow the discovery and admission into evidence of correspondence between Seneca Insurance Company (Seneca) and its counsel...

Update: “Where are You TRIA?” - Maybe Next Year
Aaron J. Aisen,Frederick J. Pomerantz, February 10, 2015
Last week we commented upon the debate surrounding the Terrorism Risk Insurance Act (TRIA). However, unlike the end of How the Grinch Stole Christmas where Cindy Lou Who ultimately found Christmas, TRIA did not make the cut of hastily passed legislation/nominations as the Senate gaveled to a close...

Claim Against Vehicle Owner Key to Umbrella Coverage for Auto Loss Caused by Permissive Driver
Patrick B. Omilian,Jensen Varghese, February 09, 2015
In this insurance coverage action, Allstate appealed from an order granting summary judgment and determining that a permissive user of a motor vehicle was covered under Allstate’s umbrella policy.

District Court Deems Plant Contamination “Direct Physical Loss”
Ronald D. Puhala,Paul C. Steck, February 09, 2015
This commercial property coverage dispute involved a determination of whether the release of ammonia gas at a juice cup manufacturing plant constituted a “direct physical loss of or damage to” the policyholder’s property. As background, during the startup of a new manufacturing...

Florida Court Refuses To Enforce Employment Related Practices Exclusion Against Defamation Claim Under Coverage B
Michael P. Kandler,Kevin P. Lolli, February 09, 2015
In Khatib v. Old Dominion Insurance Co., 2014 Fla. App. LEXIS 19843 (Fla. DCA 1st Dist. Dec. 5, 2014), the Florida Court of Appeal held that Old Dominion Insurance Company (Old Dominion) did not have a duty to defend its insureds against a defamation claim. As background, the insureds, directors...

Where are You TRIA
Aaron J. Aisen,Frederick J. Pomerantz, February 09, 2015
Politicos and industry alike are echoing the sentiments of Cindy Lou Who when she sings “Where are you, Christmas?” in the popular movie “How the Grinch Stole Christmas” except in this case, the question is, “Where are you TRIA?”

“Test Drive” Ambiguous
Aaron J. Aisen,Jonathan Schapp, February 06, 2015
In Exotic Motorcars and Jewelry, Inc. v. Essex Insurance Co., a Florida appeals court found the trial court interpreted material policy terms too narrowly in denying coverage of the vehicle collision at issue.

Insurance Doomsday Averted - TRIA Extension Passes Congress
, February 06, 2015
Under the cloud of the tragic terrorist attack in France, the U.S. Congress passed H.R. 26, an extension to the Terrorism Risk Insurance Act (TRIA). The House passed it overwhelmingly by a vote of 416-5. The Senate passed it by a vote of 93-4. This despite a rider which amends Dodd-Frank.

Insurance and ISIS, Inc.
Aaron J. Aisen,James J. Wrynn, February 06, 2015
In recent weeks, the U.S. and British governments have unveiled new measures for fighting the Islamic State of Iraq and Syria (ISIS). These measures are designed to counter the terrorist group’s financial structure.

Judge Throws Out Yacht Club’s Hurricane Sandy Suit: Insurer Must Be Allowed to Inspect “Damaged” Property
Sarah J. Delaney,Clayton D. Waterman, February 06, 2015
A District of New Jersey Federal Judge dismissed a yacht club’s case with prejudice and ordered the yacht club to show cause for why its counsel should not be sanctioned for filing a baseless claim after the yacht club refused to let the insurer inspect its property after making a claim.