Michael L. Zigelman

Michael Zigelman is the co-managing partner of KDV’s New York City office. He concentrates his practice on all aspects of insurance coverage - including directors and officers liability, professional liability, ERISA/fiduciary-related claims, commercial general liability (CGL), admiralty and maritime, toxic/mass tort and environmental coverage. Mr. Zigelman’s experience includes drafting coverage position letters and coverage opinions, as well as litigating complex insurance coverage matters for insurers and reinsurers throughout the United States, including allegations of bad faith and extra-contractual exposure.

Mr. Zigelman also handles all phases of coverage advice and litigation involving first party property and business interruption issues nationwide, including claims related to 9/11, Hurricane Katrina, Super Storm Sandy, COVID-19 and other CAT events. His past experience also includes serving as national counsel for global insurers so as to assist in creating a consistent approach to handling these claims.

As with all matters, Mr. Zigelman places emphasis on early resolution of claims and litigated matters, including arbitration, mediation and appraisal, and has had great success on behalf of his clients. He also routinely assists business partners, including claims and underwriting teams, in identifying underwriting and coverage issues, as well as implementation of best practices from a risk management standpoint.

Additionally, Mr. Zigelman routinely drafts insurance policies and endorsements for all lines of coverage and has argued substantive motions in both state and federal courts. He has presented continuing legal education seminars on topics ranging from the impact and fallout of the Madoff fraud, to coverage issues pertaining to the FDIC and failed banks, to best practices for handling CGL claims in New York.

Mr. Zigelman also serves as chair for Kaufman Dolowich & Voluck’s General Liability Coverage practice group.

Publications

•Delaware Rulings Clarify Interpretation of ‘Related Claims’ Provisions in D&O Insurance Policies: Reuters Legal, authors Michael Zigelman, Patrick Kennell, Catherine Lyster
•A Changing Boardroom Climate: Insurance Planning w/ ESG in Mind, Reuters, authors Michael Zigelman, Patrick Kennell, & Matthew Lee, Sept. 24, 2021
•Jurisdictions Continue to be Split Over Insurer’s Right to Recoup Defense Costs, Reuters
•National Law Firm Kaufman Dolowich Voluck Opens Westchester Location, Westchester & Fairfield County Business Journals
•Delaware Court Holds Excess Insurers May Not Rely on Exhaustion Clauses Absent Risk of ‘Actual Prejudice,’ Insurance Coverage Law Center
•INSIGHT: Are Insurers Collaterally Damaged by New State ‘Child Victims Acts’? Bloomberg Law
•Courts use choice-of-law analysis to avoid denying coverage, PropertyCasualty360
•The Biggest Property & Casualty Insurance Decisions Of 2018, Law360, ft. Michael Zigelman and Daniel Brody
•KDV Law Alert: Excess Insurer’s Rights to Equitable Subrogation
•New York Court of Appeals Holds that “All Sums” Method Applies to Allocation of Loss Over Multiple Policy Years
•Using Classification Limits To Deny Coverage In NY, Law360, by Michael Zigelman & Eric Stern
•NY’s First Department Holds for the First Time that Policy Classifications are not Exclusions and Cannot be Waived Under New York Insurance Law
•KDV Insurance Law Alert: To Disclaim Coverage, or Not to Disclaim Coverage, That is the Question
•KDV Insurance Law Alert: New York’s Appellate Division Reaffirms Insurer Timing Requirements Under Insurance Law 3420
•KDV Alert: New York’s Highest Court Knocks Out Four Late-Disclaimer Rulings With One Decision
•KDV Alert: Insurer Disclaimer Upheld Under New York’s New Notice-Prejudice Law
•Popcorn Lung Claims Could Be Explosive, Law360
•KDV Alert: Adding Insurance Coverage Flavor to the Recent Consumer-Popcorn Verdict
•KDV Alert: California Supreme Court Upholds the “Uber-Policy” for Long-Tail Insurance Claims
•Breaking the ‘Mold’: N.Y. Landlords’ Exposure Liability, Law360
•KDV Alert: New York Court Clarifies Threshold for Mold Infestation
•KDV Alert: New York’s First Department Holds That Standards Used In Additional Insured Endorsements Are Not Materially Different

News

•Jurisdictions Continue to be Split Over Insurer’s Right to Recoup Defense Costs, Reuters
•National Law Firm Kaufman Dolowich Voluck Opens Westchester Location, Westchester & Fairfield County Business Journals
•Delaware Court Holds Excess Insurers May Not Rely on Exhaustion Clauses Absent Risk of ‘Actual Prejudice,’ Insurance Coverage Law Center
•Press Release: Kaufman Dolowich & Voluck Names Mary Jo Barry and Michael Zigelman Co-Managing Partners of New York City Office
•NY’s First Department Holds for the First Time that Policy Classifications are not Exclusions and Cannot be Waived Under New York Insurance Law
•KDV Insurance Law Alert: New York’s Appellate Division Reaffirms Insurer Timing Requirements Under Insurance Law 3420
•KDV Alert: New York’s Appellate Division Says No Coverage Under Financial Institution Bond For Madoff Losses

Speaking Engagements

•Michael Zigelman and Sanjay Bansal, Presenters at CLM 2017 Annual Conference: Ripped From The Headlines - How Reinsurance Responds to Page One News
•Michael Zigelman, Host at 2016 CLM New York City Chapter Educational & Networking Event
•Michael Zigelman, Co-Presenter at 2016 CLM Annual Conference: Reinsurance - What Is It That You Do
•FDIC Law Suits Against Failed Banks’ Law Firms and Other Outer Professionals