David M. Cassidy
Since 1987 David’s career has focused on representing insurance companies in complex coverage litigation in federal and state trial and appellate courts throughout the country. Beginning in 1987 with the Shell Oil Co. v. Winterthur Swiss Ins. Co., trial, David has worked on and handled some of the nation’s largest insurance coverage lawsuits. David’s work often involves novel and difficult substantive and procedural issues arising out of environmental, toxic tort, construction defect, products liability, first-party property, commercial and intellectual property claims. Some of David’s representative insurance litigation matters include:
- Obtained a ruling from a federal court that under New York law an insured was required to pay a portion of its defense costs in underlying lawsuits located across the nation based on periods of self-insurance.
- Successfully argued that under Washington law a trial court had the equitable power to bar contribution claims against an insurer that had settled with a common insured.
- Obtained an anti-suit injunction barring an insured from prosecuting a lawsuit in Texas in favor of litigation pending in New York.
- Defeated a claim that public relations and lobbying costs aimed at legislative efforts to block lead paint litigation were reimbursable defense costs under a liability policy.
- Obtained summary judgment on a multi-million dollar first-party property claim by convincing the court that the damage did not commence during the insurer’s policy period.
David also regularly handles a wide variety of commercial litigation. David is committed to representing his clients in a cost-effective manner. He recognizes that the reasonable settlement of a dispute is often a better result than engaging in lengthy and expensive litigation. When not working, David enjoys the opera and skiing.
New York State Bar Association