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Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: January 16, 2018

Schlam Stone & Dolan LLP Launches Insurance Coverage Blog

Schlam Stone & Dolan LLP is pleased to announce the launch of a new Insurance Coverage Blog. Edited by litigation partner, Bradley J. Nash, the blog will cover recent decisions in the New York State and federal courts, and other developments of interest to policyholders and practitioners in the field of insurance law.

Mr. Nash, who heads the firm’s insurance recovery practice, has broad experience representing policyholders in negotiating and litigating disputes involving directors and officers, commercial liability, professional malpractice, employment practices, crime/fraud, and other insurance policies. He has recovered millions of dollars in insurance proceeds for his clients, including most recently obtaining a preliminary injunction directing three excess insurance carriers to advance up to $15 million in legal fees and costs for the defense of a federal securities fraud prosecution in Freedom Specialty Ins. Co. v. Platinum Management, 2017 WL 6610417 (Sup. Ct. N.Y. Co. Dec. 27, 2017).

His other notable insurance coverage matters have included:

  • Obtaining a TRO (and later a preliminary injunction) directing a D&O carrier to pay the insured’s post-conviction defense fees, resulting in the first reported decision in New York state court granting injunctive relief against an insurance carrier for advancement of defense costs. See Dupree v. Scottsdale Ins. Co., 96 A.D.3d 546, 947 N.Y.S.2d 428 (1st Dep’t 2012).
  • Successfully defending a real estate investment and management company against allegations of premium fraud by a Workers’ Compensation insurer, and securing coverage for a fatal injury suffered by a facilities manager.
  • Representation of a beneficiary of a $13 million life insurance policy in litigation over distribution of policy proceeds; the case settled on favorable terms just before trial.
  • Successfully negotiating defense coverage on behalf of a U.S. film production company for proceedings in China arising from injuries suffered by a stunt actor.
  • Successfully negotiating insurance coverage that facilitated the favorable settlement of a multi-million dollar dispute between a cooperative apartment and tenant-shareholder over property damage.

Mr. Nash has authored columns on insurance coverage, including a client’s guide to reading an insurance policy, and an article on coverage for defense expenses, and has contributed posts on insurance cases on the firm’s Commercial Division Blog. He looks forward to providing more in depth coverage of developments in the field of insurance coverage on the new blog.

You can reach Mr. Nash at bnash@schlamstone.com.

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