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Richard has experience litigating a wide variety of first- and third-party insurance coverage issues.  Richard also has experience in international arbitrations, assisting policyholders in securing coverage under Bermuda forms.

Publications

• Book: "Business Income Insurance Disputes," (Aspen 2006) (with Nicholas M. Insua)
• Property Insurance, Current Developments in Insurance Law 2010, Practicing Law Institute (2010)
• Business Income Coverage Issues Arising from Hurricane Katrina: The Effect of “Loss of Market” Exclusions, Assessing the Wider Effects of the Catastrophe, Calculating the Period of Restoration and Determining Loss During the Period of Restoration, Presented at: Post-Katrina Insurance Developments & Other Legal Issues Friday, MSU Coastal Research & Extension Center (Oct. 30, 2009)
• "A 'Suspension,' 'Interruption,' or 'Total Cessation' of Operations - Not So Fast," 37 Appleman: Current Critical Issues in Insurance Law I (Fall 2009) (with Michael N. DiCanio)
• Fundamentals of Making a Business Income Claim, Hot Topic Articles, ABA Section on Litigation (2009)
• "Insurance Issues Arsing under Equipment Leases," Equipment Leasing - Leveraged Leasing, Practicing Law Institute 5th Ed. (2009) (with Brian S. Goldberg)
• "From Extension to Exclusion: Is ordinary payroll coverage in a business interruption policy being misapplied on claims?" Risk and Insurance (Fall 2009) (with Christopher M. Brophy)
• Property Insurance, in Understanding Insurance Law 2009, Practicing Law Institute (2009)
• The Limits of Insurance Coverage to Compensate Victims of a Swine Flu Pandemic, LEXIS/NEXIS Insights and Analysis (2009) (with Jim Davis)
• Securing Business Income Coverage in a Pandemic, Law 360 (May 1, 2009)
• Approaches To Litigating Insurance Disputes In International Arbitrations," Paper Presented at: Insurance Coverage Litigation Subcomittee Meeting, Tucson, AZ (March 2009) (with John Ellison and Bernard Eder)
• Negotiating Business Income Coverages To Avoid Common Pitfalls (2009)
• Property Insurance, in Understanding Insurance Law 2008, Practicing Law Institute (2008)
• Property Insurance, in Insurance Law 2007 - Understanding the ABC's, Practicing Law Institute (2007)
• "Insurance Issues Arising under Equipment Leases," Equipment Leasing-Leveraged Leasing, Practicing Law Institute 4th Ed. (2007) (with Linda Gerstel)
• “Five Tips in Dealing with Wildfire Losses,” Insurance Journal-West Region (Nov. 5, 2007)
• “Total Cessation’ Hurdle in Business Income Insurance,” New York Law Journal (February 5, 2007) (with Nicholas Insua)
• “Business Interruption And Extra Expense Insurance—What To Do When A Loss Affects Your Business,” Corporate Counsel (January 2007) (with Paul E. Breene and Nicholas M. Insua)
• ”Business Income Loss Issues Following Catastrophes,” The John Liner Review (Winter 2007) (with Nicholas Insua)
• “Business Income Insurance: Can The Actions of The Insurance Company Serve To Extend The Period of Restoration?,” Andrews Insurance Coverage Litigation Report (December 2006) (with Nicholas Insua)
• "Ten Tips To Preserve Business Income Insurance Coverage," Drycleaners News (December 2006) (with Steven Pudell and Natasha Z. Millman)
• “Lessons Learned from Business Income Claims Filed for Loss Stemming from 9/11,” Paper Presented at: Mealey’s Teleconference Business Interruption: Lessons Learned from 9/11 and Other Catastrophes (November 7, 2006)
• “Business Income Coverage Issues Arising from Hurricane Katrina,” Coverage (September – October 2006)
• "Dealing With Insurance Company Arguments On Business Income Claims Stemming From Hurricane Katrina," Corporate Counsel (September 2006) (with Jean M. Farrell)
• “Lessons Learned from Business Income Claims Filed for Losses Stemming from the 9/11 Attacks,” The SIRMan (Fall 2006)
• "Property Insurance 101," in Insurance Law 2006 - Understanding the ABC's, Practising Law Institute (2006)
• "First Party Insurance Issues Arising from Hurricanes Katrina and Rita," Paper Presented at: teleconference sponsored by The ABA (March 14, 2006)
• "Business Income Coverage and Natural Disasters: Assessing the Wider Effects of the Catastrophe and Calculating the Period of Restoration," Paper Presented at: Insurance Coverage Litigation Subcommittee Meeting, Tucson, AZ (March 4, 2006)
• "Business Income and First-Party Issues Likely to Arise in the Aftermath of Hurricane Katrina," Mold (February 2006) (with Jean M. Farrell)
• "Business Interruption Insurance Since September 11 and Katrina/Rita," Paper Presented at: teleconference sponsored by Insurance Law & Litigation Week (January 26, 2006)
• "The Inevitability of Insurance Disputes, and Tips To Ensure Health Insurance Providers Pay," The American Heart Hospital Journal (Winter 2006) (with Rhonda Orin)
• "Litigating Contingent Business Interruption Claims," The John Liner Review (Winter 2006)
• "Bermuda Forms and Coverage for Drug and Medical Device Liability," Paper Presented at: American Conference Institute's Drug and Medical Device Litigation (December 12-14, 2005)
• "Disaster and Business Interruption Coverages in the Aftermath of Katrina," Corporate Counsel (November 2005) (with Jean Farrell)
• "Recent Developments in WTC Cases on Business Income and the Period of Restoration," Paper Presented at: Insurance Companies: Tricks of the Trade Insurance Seminar of the National Association of Public Insurance Adjusters (October 28, 2005)
• "Disaster and Business Interruption Coverages in the Aftermath of Katrina," Mealey's Business Interruption Insurance (September 2005) (with Jean M. Farrell)
• "Zurich v. ABM Industries, Inc.: Second Circuit Confirms Broad Reach of Business Income Coverage," Corporate Counsel (May 2005) (with John N. Ellison and Nicholas M. Insua)
• “The Property Insurance Industry’s Response to Losses from the Attacks on September 11 on the WTC Complex,” Paper Presented at: WTC 9/11 Insurance Litigation Program The State Court Counsel Committee of the New York Bar Association’s Commercial and Federal Litigation Section (May 17, 2005)
• "Zurich v. ABM Industries, Inc.: A Significant Victory for Policyholders Nationwide Seeking Insurance Coverage for Loss of Business Income and Other First-Party Exposures," RiskVue Risk Bites (April 2005) (with John N. Ellison and Nicholas M. Insua)
• "Business Income Insurance and Zurich American v. ABM Industries," Paper Presented at: Annual Meeting of the National Association of Public Insurance Adjusters (2005)
• "Property Insurance 101," in Insurance Law 2005 - Understanding the ABC's, Practising Law Institute (2005)
• "Policyholders Turn the Tables on Insurance Companies Investigation Claims Through 'Outside' Attorneys," Corporate Counsel (November 2004)
• "Disaster and Business Interruption Coverages," Paper Presented at: ATLA 2004 Annual Convention, Boston (July 3-7, 2004), 1 Ann. 2004 ATLA-CLE 553 (2004)
• "Presenting the Claim," Paper Presented at: Mealey’s Business Interruption Insurance Conference, Washington, DC (June 16, 2004)
• "Property Insurance Coverage for California Fire Losses," Mealey’s Litigation Report: California Insurance, Vol. 3, #10 (April 2004) (with Lauren C. Bisordi)
• "The Property Insurance Industry’s Response to Losses from the Attacks of September 11 on the WTC Complex," Paper Presented at: American Bar Association 2004 Section of Litigation Insurance Coverage Litigation CLE Seminar (March 2004)
• "Property Insurance Coverage for California Fire Losses," California Insurance (March 2004)
• "Insurance Issues Arising under Equipment Leases," in Equipment Leasing-Leveraged Leasing, Practising Law Institute 4th Ed. (2004) (with Linda Gerstel)
• "Property Insurance 101," in Insurance Law 2004 – Understanding the ABC’s, Practising Law Institute (2004)
• "September 11, 2003: Property Insurance Companies Will Seek To Enforce Limitations Based on the Two Year Anniversary of the World Trade Center Attacks," The Loss Advisor (September 2003)
• "Insurers Lose Again When Relying on Absolute Pollution Exclusion," New York Law Journal (August 20, 2003) (with John B. Berringer)
• "Recent Developments in the Law Regarding the ‘Absolute’ and ‘Total’ Pollution Exclusion, the ‘Sudden and Accidental’ Pollution Exclusion and Treatment of the ‘Occurrence’ Definition," ALI-ABA Course of Study (June 12-13, 2003) (with John N. Ellison)
• "Cover Up Your Toxic Exposure Cases," Coverage (March/April 2003)
• "Navigating the Bermuda Triangle: Why Extrinsic Evidence Is Admissible in Foreign Arbitrations Governed by New York Law," Corporate Counsel (February 2003) (with John N. Ellison and Nicholas M. Insua)
• "Bermuda Forms Impose Drastic New Restrictions on Product Liability Coverage," The Risk Management Letter Vol. 24, Issue 6 (2003)
• "Property Insurance 101," in Insurance Law 2003 – Understanding the ABC’s, Practising Law Institute (2003)
• "Set Off Credits for Non-Settling Insurance Companies: Is the Last One Out a Rotten Egg?," Coverage (November/December 2002) (with R. Mark Keenan and Jill L. Mandell)
• "Sick of Your Property Insurance Company’s Coverage Position? Get a Second Opinion," Corporate Counsel (December 2002)
• "Recent Developments in the Law Regarding the ‘Absolute’ and ‘Total’ Pollution Exclusion, the ‘Sudden and Accidental’ Pollution Exclusion and Treatment of the ‘Occurrence’ Definition," ALI-ABA Course of Study (June 13-14, 2002) (with John N. Ellison)
• "The Insurance Industry’s Perfect Storm," Mealey’s Business Interruption Insurance (April 2002) (with Marvin Milton)
• "Property Insurance 101," in Insurance Law – Understanding the ABC’s 2002, Practising Law Institute (2002)
• "Answers to Frequently Asked Insurance Questions in the Wake of September 11," Andrews Insurance Coverage Litigation Report (November 9, 2001)
• "September 11, 2001: How Insurance Can Help," Corporate Counsel (November 2001) (with William Passannante)
• "Law Firms Must Examine Their Insurance Policies," New York Law Journal (October 16, 2001)
• "Recent Developments in the Law Regarding the ‘Absolute’ and ‘Total’ Pollution Exclusions," Environmental Claims Journal (Summer/Autumn 2001) (with John N. Ellison)
• "Recent Developments in the Law Regarding the ‘Absolute’ and ‘Total’ Pollution Exclusion, the ‘Sudden and Accidental’ Pollution Exclusion and Treatment of the ‘Occurrence’ Definition," ALI-ABA Course of Study (June 14-15, 2001) (with John N. Ellison and Paul E. Breene)
• "Consequential Damages: Recovering All of Your Company’s Damages from an Insurance Company’s Breach," Corporate Counsel (May 2001)
• "Property Insurance 101," in Insurance Law – Understanding the ABC’s 2001, Practising Law Institute (2001)

Speeches / Presentations

• "Lessons Learned from Business Income Claims filed for Losses Stemming from the 9/11 Attacks," NAPIA/MAPIA Insurance Seminar, Cambridge, MA (October 26, 2007)
• “Hurricane Katrina Litigation Update/Business Interruption Insurance/Quantification Issues,” 10th Annual Policyholder Advisor Conference, New York, NY (September 18, 2007)
• “Mastering Insurance Coverage Components and Factoring in Bankruptcy Issues,” New York, NY (March 29, 2007)
• “Business Interruption Claims and How the Courts are Interpreting Key Issues,” Mealey's™ Business Interruption Teleconference (November 7, 2006)
• "Drug and Medical Device Litigation Conference In-House Counsel Conference," Chicago, IL (June 29, 2006)
• "Mealey's™ Additional Insured Conference," Boston, MA (June 5, 2006)
• "First Party Property/Business Interruption in the Wake of Katrina/Rita/Wilma," 9th Annual Policyholder Advisor Conference, Chicago, IL (June 1, 2006)
• “Fifth Annual Pro Bono Event In-House Counsel & Crisis Management Ethics and Beyond,” New York, NY (June 12, 2006)
• “Insurance Coverage 2006 – Claim Trends and Litigation,” New York, NY (May 25, 2006)
• “Business Interruption Insurance Since September 11,” Stafford Publications Teleconference (April 20, 2006)
• "Insurance Law 2006, Understanding the ABC's," New York, NY (April 3, 2006)
• "ABA Section of Litigation Series Teleconference, First-Party Insurance Issues Arising from Hurricanes Katrina and Rita," New York, NY (March 14, 2006)
• "Business Interruption Insurance Since September 11 and Katrina/Rita Update, Strategies for Managing Risk and Recovery," Telephone Conference, New York City (January 26, 2006)
• "Insurance Law 2006, Understanding the ABC's," 2006 Practising Law Institute's Insurance Law, PLI New York Center, New York City
• “Asbestos Claims & Litigation,” London, England (April 28-29, 2003)

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• District of Columbia
• California
• New York

Professional Affiliations

• Member of the faculty of the Practising Law Institute, focusing on property and business interruption issues, since 2000

Notable Quotes

• Insurance Cases of the Decade, Law360 (Jan. 25, 2010)
• “Business Interrupted.  The Tale of the 2007 Fires,” Risk Insurance (December 1, 2007)
• “How to Make Sure Coverage Will be There When Needed,” Business Insurance (January 22, 2007)
• "Windstorms and Windfalls:  It’s Possible to Profit From Demand Surge and File a Business Income Claim – Is it Fair?,"  Viewpoint (Winter 2006)
• "WTC Janitorial Company Had ‘Insurable Interest’ in Building," Insurance Coverage Litigation Reporter (February 25, 2005)
• Daniel Hays, "Zurich Loses Ruling in a 9/11 Case," NU Online News Service (February 11, 2005)
• Daniel Hays, "No Coverage Likely for N.Y. Transit Strike," NU Online News Service (December 20, 2005)
• Theo Francis, "Terror Insurance Battle Heats Up," Wall Street Journal, C3 (July 1, 2004)
• Tommy Fernandez, “9/11 Lawsuits Are Filing in as Deadline Looms,” Crain’s NY Business (August 25, 2003)
• Michael Ha, “N.Y. Top Court Pollution Ruling Against Carrier,” NU Online News Service (July 8, 2003)
• John Russell, “Ohio Court Ruling To Help Goodyear with Clean-Up Claims,” Akron Beacon Journal (July 2, 2002)
• Leslie Johnson, “Knitting Factory Wins Battle To Recoup Fire-Damage Costs,” Charlotte Observer (April 12, 1999)