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REPRESENTATIVE EXPERIENCE

Frederic J. Giordano

Representation of private equity firm in dispute with its private equity fund and management liability insurer over coverage for costs incurred in responding to an initial informal SEC inquiry and a subsequent formal SEC investigation, and in defending a related lawsuit brought by limited partners arising out of the alleged misallocation of fund assets to the limited partners’ detriment.
Representation of publicly traded real estate investment trust in connection with securing insurance coverage for defense of derivative, securities, and other litigations under directors and officers insurance policies.
Representation of private investment firm in connection with seeking insurance coverage under its private equity fund and management liability insurance policy for multiple suits and claims arising from bankruptcy of portfolio company.
Representation of directors of private investment firm in connection with securing potential insurance coverage under directors and officers insurance policy of portfolio company for lawsuit alleging breaches of fiduciary duty.
Representation of private investment firm in negotiation of management and professional liability renewal policy.
Representation of developer-appointed former directors of country club in pursuit of directors and officers insurance coverage for claims of breach of fiduciary duty and conversion brought on behalf of country club.
Representation of developer and developer-appointed directors of country club in securing insurance coverage under commercial general liability and directors and officers policies for lawsuit seeking damages for property damage caused by alleged construction defects and breaches of fiduciary duty by directors.
Representation of developer of New York City high rise in connection with seeking insurance coverage under its commercial general liability insurance policy, and as an additional insured under its subcontractors’ commercial general liability policies, for claims by adjacent buildings for alleged property damage caused during construction of client’s building.
Representation of publicly traded restaurant company in connection with securing insurance coverage for settlement of derivative lawsuit.
Representation of hospital in litigation against insurance broker alleging negligence in connection with failure to place adequate flood insurance prior to Superstorm Sandy.
Representation of catering company in connection with insurance claim for property damage following Superstorm Sandy.
Representation of homeowner in litigation against insurance agent alleging negligence in connection with failure to place flood insurance prior to Superstorm Sandy.
Representation of realty trust in competing declaratory judgment actions regarding insurance coverage potentially available to pay for property damage to realty trust’s apartment complex.
Representation of large real estate developer in pursuit of insurance coverage under OCIP for lawsuit by condominium association alleging property damage resulting from purported construction defects and in related dispute with OCIP insurer over application of policy deductibles and collateral requirements under payment agreement.
Representation of a national home builder in litigation seeking insurance coverage under its own general liability insurance policies for multimillion-dollar property damage claims of a large New Jersey condominium association.
Representation of a national home builder in litigation seeking insurance coverage as an additional insured for bodily injury and property damage claims of 40+ homeowners allegedly caused by water intrusion and mold in a North Carolina townhome development.
Representation of a fire retardant treated lumber producer in litigation seeking millions of dollars of insurance coverage from its liability and excess insurers for hundreds of claims for property damage allegedly caused by premature degradation of fire retardant treated plywood.
Representation of leading national heating and air conditioning systems supplier in a multiparty subrogation action arising out of property damage to a large Native American casino’s data and surveillance center allegedly caused by the shutdown of a prefabricated chiller plant, while also securing insurance coverage for client as an additional insured under installer’s commercial general liability insurance policy.
Representation of a medical device manufacturer in litigation seeking millions of dollars of insurance coverage from its liability insurers for hundreds of claims for bodily injury allegedly caused by latex-containing products.
Representation of a telecommunications company in litigation seeking insurance coverage from its fiduciary liability insurers for a multimillion-dollar settlement of ERISA class action lawsuits.
Representation of a recycling facility in a lawsuit against its liability insurer seeking damages for insurer’s bad faith failure to settle claims for wrongful death and bodily injury arising from an explosion.
Representation of a beverage company and trucking company in separate lawsuits involving disputed workers’ compensation insurance premiums.
Representation of a drug manufacturer with respect to insurance coverage for lawsuits arising from alleged manufacturing errors.
Representation of leading heating and air conditioning manufacturer in securing insurance coverage for automobile wrongful death lawsuit.
Representation of leading heating and air conditioning manufacturer in securing insurance coverage for subrogation claims arising from fire in shopping center.
Representation of consumer products supplier in securing complete defense by independent counsel and contribution to settlement for lawsuit involving copyright infringement as advertising injury under commercial general liability policy.
Representation of life sciences company in a New York-based International Chamber of Commerce arbitration involving breach of a distribution agreement. Client prevailed after a full hearing.
Representation of physician in arbitration concerning separation from partner and division of partnership assets.
Representation of recycling company in litigation seeking damages from plastics supplier for delivery of nonconforming goods.
Representation of a wholesale mortgage lender in litigation to recover damages from a warehouse lender and guarantors that defaulted on a significant line of credit.
Representation of a building owner in a lawsuit seeking damages from its property insurer for damage caused by a building collapse.
Representation of a national home builder in litigation seeking indemnification and damages for breach of contract from subcontractors that negligently constructed a home in Virginia.
Representation of a national home builder in litigation seeking insurance coverage as an additional insured for a property damage claim allegedly caused by water intrusion and mold in Florida.
Representation of hospital in negotiating insurance and indemnity provisions in contract with anesthesia group.
Representation of hospital in dispute with insurer over coverage for employee’s medical treatment under stop-loss health insurance policy.
Representation of electronic company in seeking insurance coverage for phishing cyber insurance claim.
Representation of professional basketball team in dispute over insurance coverage under media liability insurance policy for alleged copyright infringement by client when including licensed sound recordings in video highlights posted to the internet.
Counseling various clients in construction and other industries regarding potential insurance coverage for COVID-19 related business interruption losses.
Representation of health insurer in AAA arbitration seeking damages for technology outsourcing vendor’s fraudulently inducing client into contract and damages resulting from breach of contract.
Representation of leading global apparel and accessories company in litigation against its property insurer seeking coverage for property destroyed in fire at third-party warehouse facility.
Representation of facility planning and management company in Representation and Warranty insurance coverage claim.
Representation of leading global water and housing products manufacture in German Arbitration Institute (DIS) arbitration seeking to recover €30 million of insurance coverage from excess insurer under Warranty & Indemnity insurance policy, as well as representation of same client in pursuit of coverage from higher excess coverage layers.
Representation of leading U.S. plumbing fixture manufacturer in securing insurance coverage for settlement of serious motor vehicle accident claim.
Representation of national real estate developer in declaratory judgment action regarding insurance coverage for property damages causes by alleged construction defects at New Jersey condominium complexes.
Representation of owner in seeking insurance coverage under its commercial general liability insurance policy, and as an additional insured under its subcontractors’ commercial general liability policies, for claims by adjacent building for alleged property damage caused during construction of client’s building.
Representation of NYC construction company in declaratory judgment action seeking insurance coverage under commercial general liability insurance policy for property damage allegedly caused by defective workmanship.
Representation of cosmetics manufacturer in seeking insurance coverage for asbestos-related personal injury claim.
Representation of global construction company in seeking insurance coverage under professional liability insurance policy for claim alleging professional negligence in constructing luxury townhouses in Brooklyn, New York.
Representation of U.S.-based manager of North American infrastructure assets in evaluating and structuring insurance program
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