The coverage issues in those suits arose out of a variety of underlying liabilities. Many were “long tail” environmental or toxic tort claims that involved activities spanning years, if not decades, and potential exposures in the tens of millions of dollars. Others arose out of products liability, general liability, construction defect, and intellectual property disputes.
Some of the coverage issues David has litigated include the extent of an insurer’s defense obligation, the definition of “suit,” whether an underlying claim presented a claim for “damages,” allocation of liability amongst co-insurers, the applicable trigger of coverage, whether “property damage” or “bodily injury” exists, the application of policy exclusions, whether an occurrence is present, the timing and number of occurrences, determining the applicable limits of liability, and the exhaustion of underlying coverage or self-insured retentions.
In addition to defending insurers in litigation, David has provided insurers with opinions on a variety of coverage issues, as well as advice on claim management, dispute resolution strategy, and assessment of claim exposure.
Some of the notable insurance coverage cases David has litigated include:
NL Indus., Inc. v. OneBeacon Ins. Co., No. 108881-2009 (May 1, 2012, Sup. Ct. N.Y. Co.) (Bench Ruling) (Defeated claim that public relations and lobbying costs constitute reimbursable defense costs under a liability policy.)
Certain Underwriters at Lloyd’s, London v. Millennium Holdings, LLC52 A.D. 3d 295 (1st Dep’t 2008) (Obtained injunction preventing insured from prosecuting parallel litigation in Texas.)
Puget Sound Energy v. Certain Underwriters at Lloyd’s, London, 134 Wn. App. 228 (2006), rev. denied, 160 Wn. 2d 1022 (2007) (Successfully argued that trial court had the equitable power to bar contribution claims against an insurer that had settled with a common insured.)
NL Indus., Inc. v Commercial Union Ins. Co., 926 F. Supp. 446, opinion modified, recons. denied, 935 F. Supp. 513 (D. N.J. 1996) (Successfully argued that insured was required to contribute to its defense of underlying actions based on periods of self-insurance.)
David has also litigated tort, commercial landlord-tenant, intellectual property, and other commercial disputes.
David received his B.A from the State University of New York at Stony Brook, and his J.D. from Saint John’s University, School of Law. He is admitted to the Courts of the State of New York, as well as the United States Court of Appeals for the Third, Sixth, and Eleventh Circuits, and the United States District Courts for the Eastern and Southern Districts of New York, and the Western District of Wisconsin.