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Mr. Strikowsky chairs our Insurance Services Group. He provides counsel to clients facing exposure to claims involving tort liability, contract disputes, and statutory violation, and litigates before trial and appellate courts. He regularly represents a major municipality in claims alleging abuse, assault, constitutional deprivation or negligence. He provides counsel to a self-insured program of fleet vehicles and represents construction, real estate, transportation and healthcare companies in liability matters and commercial affairs. Mr. Strikowsky has worked for several life sciences companies in the defense of claims alleging defective goods, and has defended claims of toxic exposure, including mass tort matters. He specializes in the provision of counsel regarding general liability insurance and insurance for property, professional liability, directors and officers, employment -related practices, environmental impairment and health care risks. Mr. Strikowsky serves as independent counsel for policyholders and additional insureds that have received reservations of rights from insurance carriers.

Community & Pro Bono

Representations include:

  • Cayuga Indian Nation of New York v. Gould, 14 N.Y.3d 614 (2010) (amicus for American Cancer Society)

Education

  • Brooklyn Law SchoolJ.D.1994
  • Northwestern UniversityB.S.Medill School of Journalism1987

Bar Admissions

  • New Jersey, 1997
  • Connecticut, 1994
  • New York, 1995

Court Admissions

  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the District of New Jersey
  • United States Court of Appeals for the Second Circuit

Professional Affiliations

  • Risk and Insurance Management Society, associate

Other Distinctions

  • Noted among “New York Super Lawyers” in the area of insurance coverage, 2010, 2013-2021*
  • Brooklyn Law Review, notes and comments editor
  • Brooklyn Law School Moot Court Honor Society, member (Quarterfinalist, National Product Liability Competition)

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Representative Matters

Constitutional Law/Municipal Liability

Representations include:

  • Francis v. City of New York, 2006 WL 2091235 (2d Cir. 2006)
  • De’Leone v. City of New York, 45 A.D.3d 254, 845 N.Y.S.2d 241 (1st Dept. 2007)
  • Liberty Mut. Fire Ins. Co. v. E.E. Cruz & Co., Inc., 475 F.Supp.2d 400 (claim for recovery for property damage barred by antisubrogation doctrine)
  • S.W. v. City of New York, 1:09-cv-01777 (EDNY) (counsel for the City of New York, Administration for Children’s Services)

Insurance Coverage

Mr. Strikowsky’s practice focuses substantially on liability insurance coverages afforded by primary, excess/umbrella and other risk transfer contracts. He also:

  • Litigates disputes between and among insurers, policyholders,  and claimants concerning the availability or scope of coverage.
  • Regularly prepares opinion letters and drafts policy language for a variety of specialized coverages.
  •  Advises on claim practices and regulatory compliance.
  •  Handles disputes regarding enforcement of policy conditions.
  •  Represents insurers in bad faith actions or suits seeking to impose extracontractual liability.
  •  On behalf of excess carriers and corporate clients, serves as coordinating counsel monitoring the conduct of litigation and supervising local counsel.
  • Provides counsel to corporate risk managers concerning management and resolution of claims, as well as review of placements for global property and liability programs.

Independent Counsel

  • Mr. Strikowsky serves as independent counsel (also known as “Cumis counsel”) to municipal agencies, policyholders and additional insureds where a conflict of interest exists between the client and an insurance company obliged to fund its defense. These circumstances typically arise upon an insurer’s issuance of a reservation of rights, which may implicate the right of the insured to designate counsel of its own choosing at the insurer’s expense.

Appellate Litigation

Representations include:

  • Obtained favorable appellate decision (AESLIC v. L&G Masonry, et. al. 2020-02632 (1st Dept. 2021)) invalidating insurer’s disclaimer premised on failure to submit to a premium audit and reversing lower court’s failure to award attorney fees to our client.
  • In re: Deepwater Horizon, 470 S.W.3d 452 (Texas S. Ct. 2015) (Amicus Curiae for Aviation Insurance Association)
  • AIU Ins. Co. v. Gulf Ins. Co., 775 N.Y.S.2d 272 (N.Y.App. Div. 1st Dept. 2004)
  • National Union Fire Ins. Co. v. Pep Boys, 759 N.Y.S.2d 42 (N.Y. App. Div. 1st Dept. 2003)
  • Tsong v. Penske Truck Leasing Co., 2006 WL 1574079 (N.J. App. Div. 2006)
  • Polarome Mfg., Co. Inc. v. Commerce & Indus. Co., 708 A.2d 450 (N.J. App. Div. 1998)
  • Hartford Underwriters Ins. Co. v. American International Group, Inc., 300 A.D.2d 24 (1st Dept. 2002)

General Liability

Representations include:

  • Diaz v. City of New York, 26 Misc.3d 1232(A) (Sup. Ct. Queens Cty. 2010) (denying leave to serve a late notice of claim to a group of individuals claiming toxic exposure)
  • Lombardo v. Temple Beth-El of Rockaway Park, 31 Misc.3d 1219(A) (Sup. Ct. Queens Cty. 2011) (pre-answer dismissal of toxic exposure claims)
  • Minorczyk v. Dormitory Auth. Of State of New York, 74 A.D.3d 675 (1st Dept. 2010) (affirming summary judgment to property owner in action premised on New York Labor Law Section 240)
  • Pinks v. Turnbull, 906 N.Y.S.782 (Sup. Ct. N.Y. Cty. 2009) (summary judgment against claims arising out of high profile abuse allegations)
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