The plaintiff sought treble damages under the CFA, claiming that the brokers misled him about the policies’ benefits and failed to disclose that income from his secondary medical-legal consulting work could impact eligibility for total disability benefits. On behalf of the insurance brokers and the agents, Mound Cotton Partners Barry R. Temkin and Kate E. DiGeronimo, along with Katharine Anne Lechleitner, successfully argued that insurance brokers are exempt from CFA liability under longstanding precedent. The Appellate Division agreed, affirming the trial court’s dismissal of the CFA claims with prejudice.

In its opinion, the court reaffirmed its 2006 decision in Plemmons v. Blue Chip Insurance Services, holding that insurance brokers qualify as “semi-professionals” subject to extensive regulation and licensure and are therefore excluded from CFA liability when performing brokerage services. The panel declined to follow the reasoning of a more recent case, Shaw v. Shand, which limited CFA exemptions to historically recognized “learned professionals,” noting that Shaw did not involve insurance brokers and did not overrule Plemmons. This decision confirms the continued application of the CFA exemption to licensed insurance brokers in New Jersey and clarifies that conflicting dicta in subsequent cases do not override binding precedent. It also reinforces Mound Cotton’s strong track record in defending insurance professionals in high-stakes litigation.

Chambers researchers highlight the firm’s depth in handling complex disputes, noting its extensive experience in direct insurance and reinsurance litigation and arbitration, particularly involving catastrophic loss, mass and toxic torts, first-party property, business interruption, product contamination, fraud, and bad faith claims. Clients commend the firm for being “technically proficient with great experience in complex matters” and for bringing “a pragmatic way of resolving claims.”

We are also proud to share that Partner Lloyd Gura has been recognized in Band 3, which marks his eighth consecutive year as a ranked attorney. Chambers notes his leadership in complex insurance and reinsurance matters, with clients praising him as “an outstanding attorney… a good strategist, and his honest opinion of his client’s situation makes him a trusted advocate.”

The Chambers USA Guide is widely regarded as the gold standard for legal rankings, based on independent research and client feedback. We are honored by this recognition and remain grateful to our clients for their continued trust and partnership.

FL (03/19/25) — On Wednesday, Mound Cotton’s clients won an appeal in a COVID-19 coverage action involving a claim for Business Interruption (“BI”) coverage, which extends only to losses resulting from loss or damage “covered herein.”�� The appeal, pursued by Fontainebleau Florida Hotel LLC and related entities, involved an argument that the BI provision was not sufficiently specific about whether the income losses had to result from direct physical loss or damage.�� The insureds took the position that their COVID claim should be covered even in the absence of direct physical loss or damage, given their view that the BI provision should be construed in their favor.�� But the appellate court unanimously disagreed, and sided instead with Mound Cotton’s arguments: “When read as a whole, the policy’s plain language shows that the loss, damage or destruction ‘covered herein’ refers to the Perils Insured Against provision, which explicitly requires ‘direct physical loss’ or property damage.”�� Slip Op. at 5-6.�� Accordingly, the appellate court affirmed, thereby upholding the lower court’s dismissal of the insureds’ declaratory judgment action on the pleadings alone.

The case is Fontainebleau Fla. Hotel LLC v. Westchester Surplus Lines Ins. Co., No. 3D23-1264 (Fla. Ct. App. 3d DCA Mar. 19, 2025), and the slip opinion is .

Partners Wayne R. Glaubinger�����Ի� Jared K. Markowitz��represented a majority of the primary layer, including: GuideOne National Insurance Company; Starr Surplus Lines Insurance Company; AXIS Surplus Insurance Company; Western World Insurance Company; Princeton Excess and Surplus Lines Insurance Company; Certain Underwriters at Lloyd’s, London Subscribing to Policy Nos. (UMR) B080119363U19 and B0356JG135V19A000; and Certain Underwriters at Lloyd’s, London Subscribing to Policy Nos. W275E6190101 and W2754E190101.

Mound Cotton won summary judgment in New York State Supreme Court on behalf of its client, Indian Harbor Insurance Company, in a coverage dispute involving the duty to defend and indemnify its insured from numerous PFAS-related claims. The insured, Daikin America Inc., sought coverage under an Indian Harbor claims-made-and-reported excess liability policy for over twenty different lawsuits involving hundreds of individual claimants, alleging PFAS contamination from Daikin’s facility in Decatur, Alabama.

The court ruled that Indian Harbor has no duty to defend or indemnify Daikin for current or future lawsuits regarding claims filed after April 1, 2017, on the grounds that the claims were not made against Daikin or reported to Indian Harbor (i) during the policy period or (ii) by the expiration of the last “consecutive and uninterrupted policy” issued by Indian Harbor, as specified in the policy’s “Multiple Policy Period” provision. As the Court rightly noted “this language serves as a deadline for claims to be made under the provision, because the Multiple Policy Periods is not an invitation to continue filing claims stemming from the Pollution Event indefinitely.”

Significantly, while Daikin contended that two of the claims “related back” and were timely made because the two claimants were putative members of a class action lawsuit that had been filed and reported during the policy period, the court rejected this argument, holding that the subsequent suits by the two claimants “subjected Defendant [Daikin] to new liability separate and apart from the Class Action.”

Partners Lloyd A. Gura,��Raymond S. Mastrangelo,�����Ի� associate Alexander Hyder represented Indian Harbor Insurance Company.

“We are thrilled that Tiffany has joined the firm,” said Wayne Glaubinger, partner and member of the firm’s Executive Committee. “She is an incredible addition to the team and will play an integral role in expanding the reach of our Florida office and continuing to serve our clients at the highest level.”

“We are excited to welcome Tiffany to the team. Her talent and experience are huge assets to our clients throughout Florida and nationwide,” said William Wilson, partner and head of the Fort Lauderdale office.

Prior to joining Mound Cotton, Tiffany managed a team of attorneys focused on commercial��first-party coverage and litigation at a large Florida insurance defense firm. In addition to her civil litigation experience in Florida, Tiffany handled hundreds of cases from inception through bench/jury trial as��a Staff Attorney at The Legal Aid Society in New York City.

Tiffany graduated from City University of New York (CUNY) School of Law, where she was Staff Editor of the New York Law Review and Vice President of the CUNY Law Moot Court Team. While in law school, Tiffany interned for the New York State Attorney General in its Consumer Fraud and Protection Bureau, CUNY Law’s Immigrant & Refugee Rights Clinic, as well as at the Legal Aid Society. Prior to attending law school, Tiffany worked as a lobbyist on behalf of non-profit hospitals with the Hospital Association of New York State (HANYS). She received her B.S. in Political Science and Judaic Studies from the University at Albany (SUNY).

She is admitted to the state bars of Florida and New York, and the United States District Courts of the Middle District of Florida and the Southern District of Florida. She is a member of the Palm Beach County Bar Association and the Florida Association for Women Lawyers (FAWL), Palm Beach County Chapter. She is a former Events Committee Chair of the Women’s Prison Association, and a Member of the Founding Board of Trustees and former Vice Chairwoman of Brooklyn Emerging Leaders Academy (BELA) Charter High School. She has been quoted in the media and has published many articles in publications including Insurance Journal, Texas Lawyer, Law.com, Property Casualty 360, and Daily Business Review.

“We are thrilled to welcome Jason back home,” said Philip Silverberg, partner and member of the firm’s Executive Committee. “Jason helped build the Florida office shortly after it opened, and we know he will continue to strengthen its legacy. We pride ourselves on representing our clients with top-tier service, and Jason will continue that tradition.”

Jason graduated from Nova Southeastern University – Shepard Broad College of Law, where he earned induction into the Order of Barristers. Jason was Managing Editor of the��ILSA Journal of International and Comparative Law. Jason received his B.A. in History from Emory University, where he was on the Varsity Cross Country Team (UAA All-Academic Team award recipient), part of the National Society of Collegiate Scholars, and Vice President of the Zeta Beta Tau fraternity.

He is admitted to the state courts of Florida, District of Columbia, and New York; the United States Supreme Court; the United States District Courts for the Northern, Middle, and Southern Districts of Florida, the District of Colorado, the Northern District of Texas; Southern District of Texas; and the Western District of Wisconsin; and the United States Court of Appeals for the Eleventh Circuit. Jason is a member of Loss Executives Association (LEA), Defense Research Institute (DRI), and Claims and Litigation Management Alliance (CLM).

Mound Cotton’s client won an appeal in a COVID-19 coverage action involving a claim for “Tenants Prohibited Access” coverage. The appeal, pursued by Wolverine World Wide, Inc., involved an argument that various landlords had “physically obstructed” access to the insured’s locations inasmuch as they complied with COVID-19 shutdown orders.�� Although the policy affirmatively excluded contamination (a term defined in the policy to encompass “virus”), the insured argued that the shutdown orders should be considered a separate cause from that which falls within the exclusion.�� Both the lower and appellate courts disagreed, and sided instead with Mound Cotton’s arguments: “It defies credulity to see the closure orders and the virus as two different causes of the claimed losses * * * the Illinois closure orders were indisputably caused by the coronavirus.�� The novel coronavirus causing the COVID-19 pandemic led directly to the issuance of the government orders.”�� Slip Op. at 8 (quotation marks, brackets, and citations omitted).�� Accordingly, the appellate court affirmed, thereby upholding the lower court’s dismissal with prejudice.

The case is Wolverine World Wide, Inc. v. Zurich Am. Ins. Co., No. 1-23-0616 (Ill. Ct. App. July 25, 2024), and the slip opinion is available.

Partners Wayne R. Glaubinger�����Ի� Jared K. Markowitz��represented Starr Surplus Lines Insurance Company.

The Chambers researchers says the firm, consecutively ranked for 16 years, is “notable for its work on direct insurance and reinsurance matters. It displays a range of coverage experience relating to catastrophic loss including first-party property, business interruption and product contamination and handles litigation as well as arbitrations, with strong capabilities in handling mass and toxic tort claims. The team’s expertise also extends to fraud and bad faith disputes.” Clients note, “Not only are they extremely knowledgeable about the subject matter, they are efficient, prompt and understand the business aspect of the work.” “The team has great experience and depth with quality junior attorneys in the pipeline.” “We bring our most complex issues to this firm.”

Lloyd has been consecutively ranked for seven years; his clients say, “Lloyd is a go-to attorney and highly capable of handling the most complex matters in an efficient manner. He is well informed, smart and he understands the law and how it responds.”

The prestigious Chambers USA Guides is widely recognized as the “gold standard” of professional rankings for legal services worldwide. Based on conversations with over thousands of interviewees providing insights and commentary for thousands of firms and lawyers, the rankings are compiled through assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback. Firms and lawyers need to demonstrate sustained excellence in order to be ranked in the guide. You can see the full rankings and more details about their methodology .