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 and has also served as an arbitrator in such cases.

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 in New York and elsewhere and has argued 80 appeals in the New York Court of Appeals.

He is a member of the American Academy of Appellate Lawyers; a life member of the American Law Institute; a Fellow of the Chartered Institute of Arbitrators; a member of the London Court of International Arbitration; a member of the American College of Coverage and Extracontractual Counsel; a member of ARIAS-U.S.; a member of 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 original author of New York Appellate Practice (LexisNexis, 2010), co-author of the Handbook on Insurance Coverage Disputes (Walters Kluwer 17th ed. 2014) and the author of numerous articles on insurance/reinsurance and appellate practice. Mr. Newman is annually listed in Chambers USA: America's Leading Lawyers for Business, The Best Lawyers in America and New York Super Lawyers, for appellate practice and insurance law.

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 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

  • 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.)
  • American College of Coverage and Extracontractual Counsel

Honors and Awards

  • Listed in U.S. News/Best Lawyers "The Best Lawyers in America," 2007-2018 for Appellate Law and Insurance Law
  • Named a U.S. News/Best Lawyers "Lawyer of the Year" in Appellate Practice, New York, 2013-2014 and 2018
  • 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
  • Listed in Super Lawyers Business Edition, 2014 and 2015
  • Named as a 2014 Top Rated Lawyer in Insurance Law by American Lawyer Media and Martindale-Hubbell
  • Listed in New York Metro Super Lawyers, 2006-2017
  • Listed in Super Lawyers, Corporate Counsel Edition, 2010
  • 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

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