Robert W. DiUbaldo: Lawyer with Edwards Wildman Palmer LLP

Robert W. DiUbaldo

Partner
New York,  NY  U.S.A.
Phone212-912-2881

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Experience & CredentialsOther Offices
 

Practice Areas

  • Insurance & Reinsurance
  • Reinsurance
  • Coverage & Claims
  • Insurance & Reinsurance Litigation
  • Complex Litigation
  • Arbitration and Alternative Dispute Resolution
  • Business Law
 
University State University of New York at Binghamton, B.A., Literature/Rhetoric
 
Law SchoolFordham University School of Law, J.D., 2004
 
AdmittedNew York; New Jersey; U.S. Court of Appeals; U.S. District Court; U.S. District Court; U.S. District Court
 
Memberships 

Memberships

President, U.S. Reinsurance Under 40's Group
Board of Directors-Fordham Urban Law Journal

 
BornSeptember 28, 1979
 
Biography

Rob is a Partner in Edwards Wildman, handling complex commercial litigation and arbitration, as well a regulatory matters.

A significant aspect of Rob's practice is in the insurance and reinsurance space. He regularly counsels and represents U.S. and international insurers, ceding companies, reinsurers, and retrocessionaires on matters involving complex claims, coverage and regulatory issues, and has litigated and arbitrated a wide variety of insurance and reinsurance disputes. He also represents third-party administrators, brokers, and managing general agents and underwriters in various matters related to their business.

Rob also handles complex commercial disputes, representing lenders, mortgage servicers, financial institutions and other entities in litigation and arbitration involving a wide variety of tort, property and contract issues.

Rob has been recognized the past four years as a Rising Star in the areas of insurance, civil litigation and alternative dispute resolution by New York's and New Jersey's Super Lawyers' publication. In 2013, he was recognized as an Insurance Industry Rising Star by Reactions magazine.

Reinsurance Experience
Rob represents cedents and reinsurers in matters involving allocation, follow the fortunes/settlements, follow the form, underwriting and pricing, claims handling, rescission, insolvency, subrogation, regulatory issues and a variety of different types of contract wording disputes arising under facultative certificates and reinsurance treaties. He has litigated and arbitrated reinsurance disputes involving a broad range of issues in the property & casualty and life & health sectors, as well as many specialty lines, such as financial and surety products.

Insurance Dispute and Coverage Experience
Rob represents and counsels primary and excess insurers in matters involving many different lines of business, including commercial general liability, D&O, E&O, professional liability, property, business interruption, life and health, workers' compensation, pollution and energy. He has substantial experience dealing with a host of traditional insurance coverage issues, such as trigger, exhaustion, allocation, and number of occurrences, as well as with unique exclusions or endorsements added to a particular policy. Rob has represented and counseled insurers on many different types of claims in the CGL context, including asbestos/toxic tort, clergy abuse/sexual abuse, other types of alleged bodily injury, construction defects/property damage, antitrust/statutory violations, environmental damage, product contamination, food borne illness, and pollution. He has also represented and counseled insurers on claims arising under D&O/E&O, professional liability, life, property, and workers' compensation policies.

General Commercial Litigation and Dispute Resolution
Rob also has a general litigation practice, in which he represents lenders, financial institutions, mortgage servicers, and other commercial entities in complex litigation, arbitration, regulatory and other matters involving tort, contract and property issues.

Representative Decisions and Engagements
Rob has represented some of the world's leading insurance and reinsurance companies in matters involving hundreds of millions of dollars in claims arising from the property & casualty and life & health sectors. Many of these cases arose in the context of confidential arbitration proceedings, and thus are not reported. He has also counseled and litigated various matters for lenders, mortgage servicers and financial institutions in state and federal courts.

Representative decisions that are a matter of public record include:

Suero-Sosa v. Saxon Mortgage Services, Inc., 112 A.D.3d 706 (2d Dep't 2013) (mortgage servicer not liable in tort for a plaintiff's alleged injuries).

Roman Catholic Diocese of Brooklyn, et al. v. National Union Fire Ins. Co., et al., 87 A.D.3d 1057 (2d Dep't. 2011), aff'd, 2013 WL 1875302 (N.Y. 2013) (summary judgment for insurers in a dispute concerning the number of occurrences for underlying claims of sexual abuse, exhaustion of multiple SIRs, pro rata allocation, and waiver under New York law).

Morgan Fuel & Heating Co. v. Lexington Ins. Co., et al., No. 272/11 (Sup. Ct., Dutchess Cty., Dec. 21, 2011), aff'd, 2013 WL 1811259 (2d Dep't 2013) (summary judgment for insurers in a dispute concerning the scope of coverage afforded by the insuring agreement of certain CGL policies and application of the policies' workers' compensation exclusion).

Travelers Casualty & Surety Co. v. Insurance Co. of North America, Nos. 06-4100, 06-4101 (two separate bench trials in the U.S. District Court for the Eastern District of Pennsylvania)aff'd, 609 F.3d 143 (3d Cir. June 9, 2010) (concerning the reasonableness of a reinsurance allocation of certain products/non-products claims under follow form facultative certificates).

Murphy, et al. v. Allied World Assurance Company (U.S.), Inc., et al., 2009 WL 513747, No. 08-cv-4196 (S.D.N.Y., Mar. 2, 2009),aff'd, 370 Fed. Appx. 193 (2d Cir. 2010) (summary judgment for a D&O excess insurer concerning coverage for the directors and officers of Refco, Inc.).

ProNational Ins. Co. v. AXA Liabilities Managers, Inc., No. 08-PWG-2022-S (N.D. Ala. Jan. 11, 2010) (motion to compel arbitration of claims brought by a cedent against a claims administrator under the Federal Arbitration Act and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards).

Pryor v. AGLIC, et al., MRS-L-1740-05 (N.J. Super. Ct., June 22, 2007) (motion to dismiss a claim against a professional liability insurer based upon late notice and failure to comply with the provisions of a claims made and reported policy).

Suter v. General Accident Ins. Co., 2006 WL 2000881 (D.N.J. July 17, 2006) (verdict in a bench trial for the reinsurer based upon bad faith claims handling and the cession of claims that were outside the scope of the reinsured policy).

In re Liquidation of Integrity Ins. Co., 2006 WL 2795343 (N.J. Super. A.D. Oct. 2, 2006),aff'd (N.J. Sup. Ct., Dec. 13, 2007) (representing the Reinsurance Association of America (RAA) in New Jersey state court against an insolvent insurance company's final distribution plan).

Travelers Cas. & Sur. Co. v. Ace American Reinsurance Co., 392 F. Supp. 2d 659 (S.D.N.Y. 2005),aff'd 2006 WL 2990204 (2d Cir.) (representing a ceding company that prevailed in recovering multi-million dollars claims submitted to its reinsurer).

Before Edwards Wildman

Prior to joining the firm, Rob worked for a prominent New Jersey law firm. During law school, Rob was the Managing Editor of the Fordham Urban Law Journal. He played college baseball at Binghamton University, where he was also a writer and editor for the school newspaper.

Besides Edwards Wildman

Rob is an avid fan of various New York teams, including the Yankees, Giants, Knicks and St. John's University men's basketball team.

 
ISLN918178372
 
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Office Information

Robert W. DiUbaldo

750 Lexington Avenue
New YorkNY 10022-1200




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