Cyril E. Smith

Representative Experience

• Prepared coverage opinion for a large multinational reinsurer on the issue of whether damage at a construction project resulted from one or more occurrences, so as to determine the number of self-insured retentions that applied
• Obtained summary judgment for an insurer in a high-exposure case arising out of the insured's excavation and demolition work on a project in Brooklyn. Court cited to detailed affidavit and other evidence submitted on behalf of insurer and granted summary judgment to insurer based on lack of timely notice. See Atl. Cas. Ins. Co. v. Forthright Constr., Inc., 2009 US Dist. LEXIS 54874 (S.D.N.Y. March 4, 2009)
• Prepared a brief filed with the Appellate Division, First Department on behalf of a CGL insurer on the issue of whether a certificate of insurance, hold harmless agreement and admission by the insured is sufficient to create additional insured coverage when the policy requires a written contract between the named and additional insured to create coverage. The Appellate Division, First Department ruled for our client, the insurer. See ALIB, Inc. v. Atlantic Cas. Ins. Co., 52 A.D.3d 419 (1st Dep’t June 26, 2008)
• Prepared a coverage opinion for a multinational insurer on the issue of whether a CGL policy provided coverage for a claim seeking reimbursement of "prophylactic" costs and expenses to prevent further damage to insured’s property and third-party property due to a fire, fire-suppression expenses and expenses incurred complying with the New York City Fire Department and Department of Buildings orders
• Obtained summary judgment for an insurer in a multimillion-dollar exposure case due to the pollution and contamination of an Eastchester, New York field. Successfully argued that there was no additional insured coverage, the pollution exclusion applied and there was late notice to the insurer. See Town of Eastchester v. Shawn's Lawns, Inc., Atlantic Cas. Ins. Co., et al., Index No. 06-021284 (Sup. Ct., Westchester Cty., NY, April 4, 2008)
• Prepared several coverage opinions for an insurer analyzing Michigan, Ohio and Indiana law on claims by tenants against landlords for trespass, defamation, injunctive relief, emotional distress and property damage, and analyzed whether the claims were covered by Coverage A and/or Coverage B of the CGL form
• Prepared a coverage opinion for a client analyzing whether breach of fiduciary duty and emotional distress claims arising out of a pastor's alleged sexual harassment of a church employee with whom the pastor was allegedly romantically involved constituted an occurrence or negligent act under a CGL policy and whether an abuse and molestation exclusion and employee exclusion applied
• Prepared a coverage opinion for a client analyzing whether New York and Massachusetts laws permit an insurer to allocate defense costs to the insured for uncovered claims arising out two Massachusetts class action suits