Michael specializes in civil litigation, particularly the defense of insureds under commercial general liability and professional liability policies. He has extensive experience in the area of insurance defense litigation, representing owners and contractors in construction accident litigation brought pursuant to Sections 200, 240 and 241 of New York's Labor Law and property owners in premises liability litigation, as well as professional malpractice actions. Michael also represents manufacturers, distributors and retailers in product liability actions and represents other types of institutional defendants in general negligence actions. In addition, he represents property insurers in first party actions brought by policyholders and employers in EPL actions, including actions involving wage and hour claims.
Michael is experienced in all aspects of litigation, including trials through verdict, in both state and federal court. He has extensive appellate experience and has argued appeals before the First, Second and Fourth Departments of the Appellate Division of the State of New York and before the United States Court of Appeals for the Second Circuit. Significantly, Michael represented Sara Garber, M.D. before the New York Court of Appeals in the landmark case of McDougald v. Garber, 73 N.Y.2d 246, 538 N.Y.S.2d 937 (1989), in which New York's highest court addressed the issue of what categories of hedonic damages are recoverable by plaintiffs in personal injury actions.
Michael is also a licensed insurance broker and regularly attends the bi-annual continuing education courses required of licensed insurance brokers in New York State.
- McDougald v. Garber, 73 N.Y.2d 246, 538 N.Y.S.2d 937 (1989)
Articles and Presentations
- Contributor to the International Risk Management Institute's (IRMI) 2004 publication entitled Professional Liability Insurance
- Presenter at ExecuSummit's annual seminar on errors & omissions insurance
- General Liability and Insurance Defense
- Employment and Labor Law
- Professional Liability
- New York, 1988
- U.S. District Court, Southern District of New York, 1988
- U.S. District Court, Eastern District of New York, 1988
- J.D., Fordham University School of Law, 1987
- A.B., Cornell University, 1984
- American Bar Association
- New York State Bar Association
- Association of the Bar of the City of New York
AWARDS & ACKNOWLEDGEMENTS
- Super Lawyers, New York Metro Edition (Civil Litigation: Defense, Insurance Coverage, 2013 - Present)
- Professional Liability Underwriting Society