Areas of Practice

• Insurance Coverage
• Reinsurance Arbitration/Litigation
• International Arbitration
• Appellate Practice

Representative Matters

• Obtained a multimillion dollar settlement of an insurance broker's breach of contract and professional negligence action arising out of the broker's failure to obtain "adequate" insurance to protect their clients from the risks of demolishing four buildings.

• Kransco v. AESLIC 23 Cal. 4th 390 (2000) - Argued novel "reverse bad faith" case in California Supreme Court.
• Christiana General Insurance Co. v. Great American Insurance Co. 979 F.2d 269 (2d Cir. 1992) - Upheld cedent's position in reinsurance dispute - issues of late notice and misrepresentation.
• American Home Insurance Co. v. International Insurance Co. 90 N.Y.2d 433 (1997) - Upheld "late notice - no prejudice" rule in N.Y. Court of Appeals as applied to excess insurers.
• Consolidated Edison Co. of NY v. Allstate Insurance Co. 98 N.Y.2d 208 (2002) - Case of first impression in New York Court of Appeals involving allocation of liability in environmental coverage case where continuous damage over successive policy periods. Judgement for insurers upheld on appeal.
• Technicon Elecs. Corp. v. American Home Insurance Co. 74 N.Y.2d 66 (1989) - "Sudden & accidental" pollution exclusion case - in New York Court of Appeals - upheld judgment for insurer.
• Continental Cas. Co. v. Employers Ins. Co. of Wausau, 60 A.D.3d 128, 871 N.Y.S2d 48 (1st Dept. 2008) - asbestos exposure does not trigger coverage for mesothelioma claims; exposure is not injury-in-fact. Reversed trial court in favor of insurers.

Admissions

• New York
• Supreme Court of the United States
• U.S. Court of Appeals for the Second Circuit
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York

Education

• New York University School of Law, LL.B., 1960

Experience

• Duane Morris LLP
  - Of Counsel, 2003-present
• Luce, Forward, Hamilton & Scripps LLP
  - Of Counsel, 1999-2003
• Newman & Company, P.C.
  - President and Founding Member, 1991-1999
• Bower & Gardner
  - Partner, 1987-1991
• Siff & Newman
  - Founding Partner, 1971-1987
• Sabin, Bermant & Blau (formerly Goldman, Evans & Goldman)
  - Associate/Partner, 1963-1970
• New York State Court of Appeals
  - Law Clerk to Honorable Charles W. Froessel, 1960-1962

Professional Activities

• New York State Bar Association
  - Fellow, New York Bar Foundation
  - Chair, Committee on Courts of Appellate Jurisdiction, 1981-1985; 2018-present

• Fellow, Chartered Institute of Arbitrators
  - Awarded its Diploma in International Arbitration, 2013
• Frequent lecturer and author on insurance and reinsurance law and appellate practice
• Co-editor and Co-chair, "Insurance, Excess and Reinsurance Coverage Disputes," Practising Law Institute, Annually, 1983-1997
• American Bar Association
  - Tort and Insurance Practice Section
• The Association of the Bar of the City of New York
  - Special Committee on Tort Litigation, 1984-1987
• American Law Institute
  - Life Member
• Federation of Defense and Corporate Counsel
• American Academy of Appellate Lawyers
• New York State Office of Court Administration
  - Advisory Committee on Civil Practice, 1987-present
• AIDA Reinsurance and Insurance Arbitration Society (ARIAS-U.S.)
• American College of Coverage and Extracontractual Counsel

Honors and Awards

•  Recipient of the New York Law Journal’s Lifetime Achievement Award, 2024

• Listed in The Best Lawyers in America, 2007-2024

• Named a Best Lawyers "Lawyer of the Year" in Appellate Practice, New York, 2013-2014 and 2018-2019

• Listed in New York Metro Super Lawyers

• Listed in Chambers USA: America's Leading Business Lawyers, 2005-2008 and 2010-2017 editions
• Referenced in Legal 500 U.S.- Leading Lawyers for Insurance: Advice to Insurers 2015
• Listed in Who's Who Legal: Insurance & Reinsurance, 2015
• Named as a 2014 Top Rated Lawyer in Insurance Law by American Lawyer Media and Martindale-Hubbell
• Listed in The New York Area's Best Lawyers by New York Magazine for Appellate Law and Insurance Law, 2009-2015
• AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Selected Publications

• Co-author, "The Demise of ‘Chevron’ Deference," New York Law Journal, July 2, 2024
• Co-author, "The Mootness Doctrine," New York Law Journal, March 5, 2024
• Co-author, Precedents and Stare Decisis, New York Law Journal, January 2, 2024
• Co-author, "A Closer Look at Costs on Appeal," New York Law Journal, September 5, 2023
• Co-author, "Annual Report of Clerk of the Court of Appeals: A Summary of Significant 2022 Decisions," New York Law Journal, May 2, 2023
• Quoted, "Top Court's Case Dispositions in Steep Decline Since 2016, Study Shows," New York Law Journal, April 27, 2023
• Quoted, "Do Swing Votes on new York's Highest Court Raise Hopes For Consensus Decisions?" New York Law Journal, March 21, 2023
• Author, "Criminal Defendants—Despite 'Grossly Unfair' Reports—Are Finding a More 'Receptive' Court of Appeals Under Cannataro," New York Law Journal, February 22, 2023
• Co-author, "The Role of Judges of the Court of Appeals," New York Law Journal, January 3, 2023
• Author, "Post-Judgment Appeals of Prior Non-Final Orders," New York Law Journal, November 1, 2022
• Co-author, "Declining Dispositions of the Court of Appeals," Albany Law Review, 2022
• Co-author, "'Dobbs' and the Doctrine of Stare Decisis," New York Law Journal, September 6, 2022
• Co-author, "Concurring and Dissenting Opinions in the Court of Appeals," New York Law Journal, July 5, 2022
• Co-author, "Clerk’s Annual Report for the Court of Appeals," New York Law Journal, May 3, 2022
• Co-author, "The Basics of Oral Argument," New York Law Journal, March 1, 2022
• Co-author, "The Concept of Appealability," New York Law Journal, January 3, 2022

• Co-author, "Ethical Considerations on Appeal," New York Law Journal, November 2, 2021

• Co-author, "Motions for Reargument in the Court of Appeals," New York Law Journal, September 1, 2021
• Co-author, "U.S. Supreme Court Tackles Retroactivity Issue," New York Law Journal, July 6, 2021
• Co-author, "Amicus Curiae Participation in the Court of Appeals," New York Law Journal, May 4, 2021
• Co-author, "Creative Use of Dissenting Opinions," New York Law Journal, January 5, 2021
• Co-author, "Stare Decisis in Federal and State Courts," New York Law Journal, November 3, 2020
• Co-author, "The Principle of Party Presentation," New York Law Journal, June 30, 2020

  The Principle of Party Presentation
• Co-author, "U.S. Supreme Court Debates Stare Decisis Principles," New York Law Journal, May 5, 2020
• Co-author, "Jurisdictional Considerations in the Appellate Division," New York Law Journal, March 3, 2020

• Co-author, "The Evolution of New York Appellate Practice" New York Law Journal, September 3, 2019

• Co-author, "Jurisdictional Considerations: Aggrievement and Appealable Paper," New York Law Journal, July 2, 2019

• Co-author, "Arbitration Awards—Manifest Disregard of Law," New York Law Journal, April 30, 2019

• Co-author, "Recurring Pitfalls in Taking Appeals," New York Law Journal, March 5, 2019

• Co-author, "Protecting the Record," New York Law Journal, December 31, 2018

• Co-author, "New Practice Rules of the Appellate Division," New York Law Journal, November 5, 2018

• Co-author, "Review of Personal Injury Awards: Questioning Reasonable Compensation," New York Law Journal, September 4, 2018

• Co-author, "Aggrievement: Consult Case Law to Ensure Requirement Has Been Met," New York Law Journal, July 3, 2018

• Co-author, "Review of Punitive Damages: Spoliation of Evidence" New York Law Journal, May 1, 2018

• Author, "Preimpact Terror Awards-A Lottery," Defense Counsel Journal, April 2018

• Co-author, "The Record and Matter Outside It," New York Law Journal, March 6, 2018

• Co-author, "Scope of Proceedings in the Trial Court on Remand," New York Law Journal, January 2, 2018

• Co-Author, "Handbook on Insurance Coverage Disputes," 18th ed., 2017
• Author, "Pre-Impact Terror Damage Awards," New York Law Journal, September 18, 2017
• Co-author, "Pyrrhic Victories Are to Be Avoided," New York Law Journal, July 3, 2017
• Co-author, "Interest of Justice Jurisdiction," New York Law Journal, May 3, 2017
• Co-author, "Appellate Review of Exercise of Discretion by Trial Court," New York Law Journal, January 3, 2017
• Co-author, "Successive Appeals Presenting the Same Issue," New York Law Journal, September 6, 2016
• Author, "Pleasures of Practice Other Than Profits," New York Law Journal, May 24, 2016
• Co-author, "Federal Appellate Review of Arbitration Awards," New York Law Journal, May 4, 2016
• Co-author, "Amicus Curiae Briefs: Weighing In on Novel and Important Questions," New York Law Journal, March 1, 2016
• Co-author, "The Three Stages of Issue Preservation," New York Law Journal, September 2, 2015
• Author, "Satisfying a Self-Insured Retention or Deductible in a Third Party Claim," FDCC Quarterly, Spring 2015
• Co-author, "Urging a Change in the Law: When to Set Aside Precedent?," New York Law Journal, May 6, 2015
• Author, "Waiver of Arbitration," ARIAS U.S. Quarterly, 2014
• Author, Attorneys' Fees as Covered Costs, Damages, or Loss," DRI's For The Defense, March 2014
• Co-author, "An American Abroad: The Divergent Worlds of U.S. and U.K. Insurance Arbitrations," Mealey's International Arbitration Report Vo. 29 #1, January 2014
• Author, "Looking Back on Appeals That Made a Difference ," New York Law Journal, March 6, 2013
• Author, "Exhausting Policy Limits When Settling Less than All Lawsuits," DRI's For the Defense, March 2013
• Author, "Claims-Made Coverage: What is a Claim?" FDCC Quarterly, Vol. 63, No. 1, Fall 2012. Recipient, FDCC Quarterly Award for Best Article for 2012.
• Co-author, "When Courts Exercise Interest of Justice Jurisdiction ," New York Law Journal, July 2, 2012
• Columnist, "Appellate Practice," New York Law Journal, 1975-present
• Co-author, "Form and Content of Appellate Briefs," New York Law Journal, May 2, 2012
• Co-author, "Ending Duty to Defend: Exhaustion of Policy Limits by Settlement of Less Than All Suits," Duane Morris LLP, April 20, 2012
• Co-author, "Restriction of Court of Appeals' Jurisdiction in Pedestrian Stop Cases," New York Law Journal, January 4, 2012
• Co-author, "Getting the Last Word Has Its Limits," New York Law Journal, November 2, 2011
• Co-author, "Appeals to the Court of Appeals Under CPLR 5601(a)," New York Law Journal, September 7, 2011
• "Restrictions on the Insured's Right to Settle," Federation of Defense & Corporate Counsel (FDCC) Quarterly, Summer 2011
• "Arbitrability and Arbitrating with a Non-Signatory," ARIAS-U.S. Quarterly, Vol. 18, No. 3, Third Quarter 2011
• "Is there an Expert in the House? Expert Evidence in Insurance Coverage Cases," Defense Counsel Journal, October 2007
• "Triggering Coverage Under An 'Awareness Clause' of a Claims-Made Liability Policy," Thomas R. Newman and Michael L. Goia, Federation of Insurance & Corporate Counsel Quarterly, Vol. 49, No. 2, Winter 1999
• "Challenging an Insured's Settlement," Thomas R. Newman and Aidan M. McCormack, Federation of Insurance & Corporate Counsel Quarterly, Vol. 47, No. 2, Winter 1997. Recipient , FICC's Andrew Hecker Award for Best Quarterly Article for 1996-1997
• "Applying the Owned Property Exclusion to Groundwater Contamination Claims," Thomas R. Newman and Aidan M. McCormack, For the Defense, Vol. 38, No. 4, April 1996
• "Attempts To Avoid Application of the Owned-Property Exclusions To Groundwater Contamination Claims: New Jersey Courts Draw The Line," Thomas R. Newman and Aidan M. McCormack, Mealey's Litigation Reports: Insurance, Vol. 9, No. 47, October 17, 1995
• "The Antisubrogation Rule in Construction Accident Cases," Thomas R. Newman and Patrick J. Dellay, Torts, Insurance & Compensation Law Journal, New York State Bar Association, Vol. 24, No. 1, June 1995
• "Excess Liability Insurance Over Self-Insured Retentions," 44 FICC Quarterly 127, Winter, 1994
• "There Is No General Duty to Investigate Before Denying Defense or Coverage for Third-Party Claims," Mealey's Litigation Reports: Insurance, Vol. 7, No. 29, June 1, 1993
• "Damages: A Call For Meaningful Precedents," 3 Pace Law Review 605, 1983

Selected Speaking Engagements

• Speaker at Naturalization ceremony swearing in new U.S. citizens in the U.S. District Court for the Eastern District of New York, May 17, 2017
• Speaker, "Pro Bono Legal Work in the USA, a case study of Robert Yell v. Commonwealth of Kentucky..." CPE Conference, Cortina d'Ampezzo, Italy, January 19, 2017
• Participant, Continuing Professional Education Conference, Cortina d'Ampezzo, Italy, January 2016
• Speaker, "Ethical Considerations in Appellate Practice," Westchester County Bar Association Appellate Practice Committee Program, Appellate Practice: What It's All About, White Plains, New York, March 26, 2015
• Speaker, "International Arbitration of Insurance Disputes," International Arbitration Club of New York, March 24, 2014
• Speaker, "An American Abroad: London and Bermuda Arbitration and the Strangely Divergent Worlds of US and UK Insurance Law"," Insurance Coverage Litigation Committee CLE Seminar, March 7, 2014
• Participant, Bermuda Form Mock Arbitration, British Insurance Law Association, London, November 19, 2013
• Speaker, "Expert Evidence in Insurance Coverage Cases," 13th Europe Pacific Conference, Pocol, Italy, January 11, 2009
• Speaker, "Update on Insurance Issues," Lorman seminar, February 13, 2008
• Speaker, "The Law of Informed Consent," 12th Europe Pacific Medical Legal Conference, Cortina D'Ampezzo, Italy, January 8, 2008
• Speaker, "The Gloves Come Off–Reinsurer vs. Insurer," Defense Research Institute's Insurance Coverage and Practice Symposium, New York, December 7-8, 2006
• Speaker, "The Drug Approval Process in the USA and Post-Marketing Surveillance," 10th Europe Pacific Conference, Pocol, Italy, January 9, 2006
• Speaker, "Reinsurance Arbitration," Glasser LegalWorks seminar "The Reinsurance Law & Practice: Hot Topics," September 2004