Thomas R. Newman [ Of Counsel ]
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: 212.692.1028
Fax: 212.208.0902
Email:
TRNewman@duanemorris.com
Thomas R. Newman practices in the areas of insurance and reinsurance law, including coverage, claims handling, contract drafting and arbitration and litigation. He has served as lead counsel in more than 55 reinsurance arbitrations, representing both cedents and reinsurers. He is often called upon to act as an expert witness in insurance cases in the United States and in London.
In addition to his insurance/reinsurance practice, Mr. Newman has wide experience in appellate practice and has handled hundreds of appeals in both state and federal courts, including 80 in the New York Court of Appeals and 30 in the U.S. Court of Appeals for the Second Circuit.
He is a member of the American Academy of Appellate Lawyers, a life member of the American Law Institute, a member of and certified as an arbitrator by ARIAS-U.S., the Federation of Defense and Corporate Counsel, a Fellow of the New York State Bar Association Foundation and a member of the New York State Office of Court Administration's Advisory Committee on Civil Practice.
He is the author of New York Appellate Practice (Matthew Bender, 2002), co-author of the Handbook on Insurance Coverage Disputes (Aspen Publishers, 13th edition, 2006) and the author of numerous articles on insurance and appellate practice. Mr. Newman was listed in Chambers USA: America's Leading Lawyers for Business in 2005, 2006 and 2007.
Mr. Newman is a graduate of New York University School of Law (LL.B.) where he was an editor of the Law Review.
Areas Of Practice
- Insurance Coverage
- Reinsurance Arbitration/Litigation
- International Arbitration
- Appellate Practice
Representative Matters
- 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 judgement for insurer.
Professional Activities
- Frequent lecturer on insurance and reinsurance law and appellate practice
- Certified Arbitrator, ARIAS-U.S.
- Co-editor and Co-chair, "Insurance, Excess and Reinsurance Coverage Disputes," Practising Law Institute, Annually, 1983-1997
- American Bar Association
- Judicial Immunity Committee
- Tort and Insurance Practice Section - New York State Bar Association
- Fellow
- Chair, Committee on Courts of Appellate Jurisdiction, 1981-1985 - 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 Insurance 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.)
Admissions
- New York
- Supreme Court of the United States
- United States Court of Appeals for the Second Circuit
- United States District Courts for the Southern and Eastern Districts 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, New York, New York
- Of Counsel, 1999-2003 - Newman & Company, P.C.
- President and Founding Member, 1991-1999 - Bower & Gardner
- Partner, 1971-1991 - Siff & Newman (formerly Siff, Newman, Rosen & Parker)
- Founding Partner, 1971-1987 - Sabin, Bermant & Blau (formerly Goldman, Evans & Goldman)
- Associate/Partner, 1963-1970 - New York State Court of Appeals
- Judicial Clerk, Honorable Charles W. Froessel, 1960-1962
Honors and Awards
- Listed in Chambers USA: America's Leading Business Lawyers, 2005-2007 editions
- Listed in Best Lawyers in America 2006 for Appellate Law and Insurance Law
- Listed in The New York Area's Best Lawyers by New York Magazine, 2006
Selected Publications
- Author, "Is there an Expert in the House? Expert Evidence in Insurance Coverage Cases," Defense Counsel Journal, October 2007
- Columnist, "Appellate Practice," New York Law Journal, 1975-present
- Co-author, Handbook on Insurance Coverage Disputes, 13 ed., 2006
- "Post-'Campbell' Review of Punitive Damages," Appellate Practice column, New York Law Journal, September 3, 2003
- Co-author, "Cross Appeals: Background, Rules of Practice," New York Law Journal, March 3, 2004
- New York Appellate Practice, (Matthew Bender), 2002
- Co-author, Handbook on Insurance Coverage Disputes, Aspen, 11th ed., 2002
- "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
- Liability Insurance Coverage Principles, rev. ed., 1983
- "Damages: A Call For Meaningful Precedents," 3 Pace Law Review 605, 1983
- Practitioner's Handbook for Appeals to the Court of Appeals, New York State Bar Association, 1981
- Practitioner's Handbook for Appeals to the Appellate Division, New York State Bar Association, 1979
Selected Speaking Engagements
- 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