Member Of:
New York City Bar
NYSBA
New Jersey State Bar Association
United States Court of Federal Claims Bar Association
Martindale-Hubbell

Insurance Coverage Litigation

The lawyers at MBK&K, headed by partner Mike Komar, have decades of high profile, complex insurance coverage experience, including the representation of many of the largest international and national insurance carriers.

We provide all aspects of insurance coverage and litigation services, and pride ourselves on offering innovative and cost-effective solutions to our clients.

Our attorneys have an intimate, working knowledge of the insurance laws and judicial decisions governing this area of practice, coupled with a keen understanding of industry practices.

Our experience is based on years of working closely with carriers and their representatives in responding to claims and significant legal developments in this ever-changing field.

Over the years, our Firm has served as lead counsel on a significant number of high profile coverage cases involving environmental, asbestos/silica/mixed-dust, construction defect/latent property damage, product liability and GL/premises liability claims.

In addition, we routinely act as co-counsel and local counsel with other firms on claims and multi-jurisdictional matters. This work includes all facets of declaratory judgment actions, mediation, arbitration, appeals, contribution and subrogation claims, and negotiations related to coverage-in-place, cost-sharing, site release and policy buy-back agreements.

We also have extensive experience handling insurance coverage disputes involving bad faith, first-party property, broker liability, reinsurance, and bankruptcy claims.

Some examples of the coverage issues we have addressed include:

  • Duty to defend
  • Recoupment of defense costs
  • Lack of fortuity
  • Trigger of coverage
  • Allocation
  • Number of occurrences
  • Other insurance/priority of coverage
  • Drop down/underlying carrier insolvency
  • Pollution exclusions
  • Owned property exclusions
  • Late notice
  • Failure to cooperate
  • Pre-tender costs
  • Voluntary payments
  • Non-cumulation/anti-stacking of limits
  • Named insured/successor liability
  • Additional insured rights
  • Business risk exclusions
  • Professional services exclusions
  • Mold exclusions
  • Lack of covered damages
  • Deductibles and SIRs
  • Misrepresentation

Our breadth of coverage experience is demonstrated by the wide array of cases we have handled for carriers over the years involving litigation with some of the nation's most well-known policyholder law firms.

These cases range from property damage claims related to contaminated manufacturing, waste disposal, landfill, MGP, utility, petroleum refinery and storage, and dry cleaning sites, personal injury claims involving manufacturers, distributors and installers of asbestos-containing and other hazardous materials, to defect claims against owners, developers, architects, engineers, builders and subcontractors of public works, condominium, hotel, office tower, parking garage, and mausoleum projects.

As a result, the Firm is well-versed in the variety of policy forms utilized through the years, has taken and defended hundreds of fact witness and expert depositions, has argued numerous discovery, in limine and dispositive motions, and has interviewed countless drafting committee, underwriting, claim and loss control personnel.

MBKK prides itself in our ability to quickly assess the strengths and weaknesses of the claims and defenses in insurance coverage matters at the earliest stages and we have negotiated dozens of early resolutions and dismissals of cases that lack merit.

In the event that coverage matters proceed through the entire litigation process, our team has the experience to prepare and take these cases to trial. Most importantly, we have a proven track record of achieving significant results and successes for our insurance carrier clients, resulting in a numerous decisions dismissing claims against them.

With offices located in Westchester and Central New Jersey, MBKK is positioned to represent clients throughout the tri-state area, and has vast experience handling cases in both federal and state courts throughout New York and New Jersey, as well as in other jurisdictions including Pennsylvania, Connecticut, Massachusetts, Minnesota and beyond.