Mr. Novak has specialized in insurance and reinsurance law for 25 years in the representation of both policyholders and carriers in coverage and bad faith disputes involving general liability, property, professional liability, directors' and officers' liability, and surety. Much of this expertise was gained when the Firm was appointed as Special Counsel to the New Jersey Department of Banking & Insurance in connection with the liquidation of Integrity Insurance Company from 1987 to 2005. Mr. Novak worked on the Integrity matter since 1987 and was the Lead Partner from 1993 to 2006. In the course of this representation, Mr. Novak became deeply involved in cutting edge issues of insurance law including trigger of coverage, attachment and allocation of mass tort losses among excess and umbrella policies, estimation of unpaid losses including incurred but not reported losses, and insurer insolvency/guaranty association law. He also became increasingly involved in representing insurers and reinsurers in reinsurance disputes. For example, he has · Represented the Liquidator of Integrity Insurance Company in the recovery of $65 million of reinsurance on asbestos, environmental and toxic tort liabilities. · Represented the Liquidator of Integrity in the recovery of reinsurance on losses from the implantation of the Bjorn-Shirley heart valve. · Represented a national surety company in the recovery of $3.5 million of construction losses from a reinsurer. · Assisted the Liquidator of Integrity Insurance Company in negotiating reinsurance commutations totaling in excess of $100 million from treaty and facultative reinsurers. · Represented the largest non-profit hospital system in New York in the recovery of losses covered by its errors and omissions carrier. · Represented the largest non-profit hospital system in New Jersey in the recovery of losses covered by its errors and omissions carrier. · Represented the national managing general agent of an insurance company in a $20 million contingent commission dispute with the carrier. · Represented a major asbestos manufacturer in the recovery of $55 million of asbestos bodily injury losses from 54 insurance guaranty associations. · Represented numerous policyholders in pursuing business interruption claims resulting from natural disasters such as fires, floods, hurricanes and other catastrophes. · Represented attorneys, accountants, architects and engineers in securing coverage for losses under professional liability policies. · Represented various Fortune 1000 insureds in obtaining coverage under Director and Officer liability policies for suits alleging mismanagement, financial misrepresentation and unfair competition, and counseling clients on the adequacy of their D&O coverage. · Represented a chain of radio stations in seeking coverage for defamation claims under broadcasters liability policies. · Represented various policyholders in seeking coverage under CGL policies for business torts such as unfair competition, copyright infringement, conversion of trade secrets and tortious interference. · Represented major corporations and banking institutions in the prosecution of fidelity claims against carriers who insured against the dishonest acts of the policyholders' employees. · Worked with independent consulting actuaries in the preparation of the Liquidator's Final Dividend Plan which allowed contingent environmental and mass tort claims based on actuarial projections of the policyholders' liability. Mr. Novak was selected for inclusion in the 2008 and 2009 editions of New Jersey Super Lawyers®* published by Thompson Reuters under Business Litigation, Insurance Coverage and Construction Litigation. *For ranking methodology, please see www.superlawyers.com. Affiliations Member, Insurance Committee and Fidelity and Surety Committee, New Jersey State Bar Association Member, Insurance Coverage Litigation Committee, Tort Trial and Insurance Practice Section, American Bar Association Member, Excess and Surplus Lines Committee, Tort Trial and Insurance Practice Section, American Bar Association Authored Articles 8/1/2010, Thomas S. Novak - When Is a Claim Not a Claim? New York Courts Reject Insurers' Restrictive Interpretation of "Claim" Seeking to Limit the Defense Obligation of Director & Officer Liability Policies 12/1/2009, Thomas S. Novak - New Jersey Appellate Division Broadly Construes "Ordinance Or Law" Endorsement Of An ISO Property Insurance Policy In Favor Of Coverage 9/1/2006, Thomas S. Novak - The Defense Obligation of Excess and Umbrella Liability Insurance Policies 1/1/1995, Thomas S. Novak - "Forum Selection Opportunities in Coverage Disputes Where Your Carrier Agreed To Defend You Anywhere In The World" 5/1/1993, Thomas S. Novak - "Appellate Division Holds that an Interlocutory Order Deciding Less than the Entirety of a Claim Against an Insolvent Insurer Is Not Appealable as of Right" Related Press Releases 3/26/2009, Sills Cummis & Gross P.C. Announces Its 2009 New Jersey Super Lawyers 5/15/2008, Sill Cummis & Gross P.C. Releases Third Edition of E-Discovery Book Relevant Events 4/16/2008, Thomas S. Novak - DBIA's 2008 Design-Build in Transportation Conference 3/27/2008, Thomas S. Novak - Insuring Your Design - Build Project Relevant Representative Decisions 3/23/2010, Westpoint International, Inc., et al. v. American Int'l South Ins. Co., 71 A.D.3d 561; 899 N.Y.S.2d 8 (N.Y. App. Div. 1st Dep't 2010) 9/14/2009, Princeton Insurance Company v. Converium Reinsurance (North America) Inc., 2009 U.S. App. LEXIS 2040 6/1/2009, DEB Associates v. Greater New York Mutual Insurance Company, 407 N.J. Super. 287 (App. Div. 2009) 5/23/2008, Old Bridge Township Bd. of Education v. General Star Indemnity Co., 2008 U.S. App. LEXIS 11159 (3d. Cir. 5/23/08) 2/15/1990, Pension Fund-Mid Jersey Trucking Industry-Local 701 v. Omni Funding Group 731 F. Supp. 161 (D.N.J. 1990) Suter v. General Accident, 424 F. Supp. 781 (D.N.J. 2006) In re Liquidation of Integrity Ins. Co., 165 N.J. 75, 754 A.2d 1177 (2000) Home Ins. Co. v. Joseph H. Stomel & Sons, Inc., 2000 WL 232153 (2d Cir. Feb. 4, 2000) In re Liquidation of Integrity Ins. Co., 321 N.J. Super. 399, 729 A.2d 438 (App. Div. 1999) Matter of Liquidation of Integrity Ins. Co., 147 N.J. 128, 685 A.2d 1286 (1996) Matter of Liquidation of Integrity Ins. Co., 299 N.J. Super. 677, 691 A.2d 898 (Chancery Div. 1996) Matter of Liquidation of Integrity Ins. Co., 281 N.J. Super. 364, 657 A.2d 902 (App. Div. 1995) Concra v. International Fidelity Ins. Co., 860 F. Supp. 13 (N.D.N.Y. 1994), aff'd. 48 F.3d. 1214 (2d Cir. 1994) Matter of Liquidation of Integrity Ins. Co., 251 N.J. Super. 501, 598 A.2d 940 (Chancery Div. 1991) Gloucester Tp. v. Maryland Cas. Co., 668 F. Supp. 394 (D.N.J. 1987) Suter v. Munich Reinsurance Co., 223 F.3d 150 (3d Cir. 2000). |