Thomas R. Newman
Of Counsel
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 212 692 1028
Fax: +1 212 208 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 60 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 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 (LexisNexis, 2010), co-author of the Handbook on Insurance Coverage Disputes (Aspen Publishers, 15th edition, 2010) 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, 2007, 2008, 2010, 2011, 2012 and 2013.

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

• 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
• New York State Bar Association
  - Fellow, New York Bar Foundation
  - 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 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.)

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, New York, New York
  - 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

Honors and Awards

• Named a Best Lawyers "Lawyer of the Year" in Appellate Practice, New York, 2013
• Listed in Best Lawyers in America 2007-2012 for Appellate Law and Insurance Law
• Listed in Chambers USA: America's Leading Business Lawyers, 2005-2008 and 2010-2013 editions
• Listed in New York Metro Super Lawyers, 2006-2012
• Listed in Super Lawyers, Corporate Counsel Edition, 2010
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

• 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
• 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, "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