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Overview

Marc T. Ladd is a Principal in the New York office of McKool Smith. His practice focuses on insurance coverage litigation and counseling for corporate policyholders.  

Marc regularly represents large corporate policyholders in federal and state court actions around the country seeking damages, declaratory judgments, and other reliefs against prominent American and European property and casualty insurers, resulting in millions of dollars in insurance recovery. He has extensive experience representing policyholders in various types of insurance coverage disputes, including first and third-party property/casualty; insurance broker malpractice; asbestos and other cancer-related bodily injury; traditional and non-traditional environmental property damage; product liability; D&O, E&O, and professional liability; insurance proceeds for trustees in bankruptcy; mortgage holder claims; business interruption; insurer bad faith and consumer protection; and contractor and subcontractor liability. Marc has conducted all phases of litigation, from coverage analysis and client counseling to pleadings, written discovery and depositions, motion practice, trial, and eventual settlement.

Marc has co-authored several articles on insurance coverage and has been recognized by Super Lawyers as a New York Metro "Rising Star" for Insurance Coverage since 2014. 

Experience

Representative Matters

  • Representation of Pella Corporation and various of its subsidiaries against numerous insurance companies in several Iowa federal court actions in which Pella is seeking insurance coverage for underlying lawsuits pending against Pella, including more than 20 class action lawsuits, which allege that certain Pella windows and doors were defective and, as a result, leaked and caused water damage. On November 1, 2016, McKool Smith’s lawyers obtained a summary judgment ruling holding that various of the pending lawsuits against Pella alleged a covered “occurrence,” defined as an “accident,” despite insurers’ contention that “foreseeable” damage caused by an insured’s defective work cannot give rise to an “occurrence” under applicable Iowa law. On March 22, March 31, April 14, and June 23, 2017, the court issued various decisions in Pella’s favor on its motions for partial summary judgment.  Most recently, on January 16, 2018, the firm’s lawyers successfully obtained a ruling from the court om summary judgment that an insurer’s defense obligation is triggered from the date a product is installed or potentially could have been installed (e., date of sale), even if it is later determined that water damage actually began at some point later.
  • Representing NJ Transit Corporation in connection with its claim for coverage under all-risk property insurance policies for water-damage to their property arising out of Hurricane Sandy over-and-above the $100 million flood sublimit. In August 2017, the Superior Court of New Jersey ruled on summary judgment in favor of New Jersey Transit entitling it to coverage for its losses, up to the full $400 million limits of its policies. The court also rejected and dismissed the insurers' claim for reformation of the policies.
  • Representation of Warren Pumps LLC in a case seeking coverage from more than a dozen insurance companies for thousands of asbestos-related claims. The firm’s lawyers have secured several high-profile courtroom victories for Warren, including a decisive jury verdict worth hundreds of millions of dollars, and landmark decisions from the New York Court of Appeals on the allocation of long-tail claims and the Delaware Supreme Court on critical issues, including assignment of policy rights and the trigger of coverage, which have allowed Warren to access more than $500 million dollars in asbestos insurance coverage limits.
  • Representing a corporate policyholder in a confidential arbitration against an insurer for water-damage arising out of Hurricane Sandy. In January 2017, after a nine-day hearing before a panel of three arbitrators, the panel unanimously found for the policyholder and declared that the insurer must pay the full extent of the policyholder’s claim, up to the $17.5 million limit.
  • Representation of title insurer in seeking coverage from several excess E & O insurers for underlying judgment in excess of tens of millions of dollars relating to allegedly negligent title search. Resulted in favorable settlement in 2016.
  • Representation of lighting company in seeking coverage for underlying lawsuit alleging securities frauds violations and breach of fiduciary duty.

Prior to joining the firm:

  • Representation of custom automobile repair shop in its claims that automobile insurers had engaged in deceptive acts and practices, in violation of New York’s consumer protection statute, New York General Business Law § 349, by diverting policyholders away from repair shops outside of insurers’ favored networks of repair shops. In October 2012, the New York Appellate Division, Second Department, affirmed the trial court’s order that allowed the suit to go forward, confirming that a business has standing to recover for direct harm caused to it by an insurer’s deceptive acts and practices under GBL § 349—even if that business is a competitor.
  • Representation of large residential and commercial real estate management firm in an insurance coverage action in Massachusetts state court against insurer for failure to pay for extensive damages to building complexes that resulted from Hurricane Katrina, and against insurance brokers for failure to place proper coverage, which resulted in a successful settlement in July 2011.
  • Representation of third-party claimant against an insurer in Massachusetts state court for bad faith refusal to settle the underlying claim against the policyholder, which resulted in a successful settlement in February 2011.

Recognition

Rankings & Honors

  • Recognized as a "Rising Star" by Law360, 2018
  • Recognized as a "Rising Star" in New York by Super Lawyers, 2014-2017

Media & Events

Articles

Education

J.D., St. John's University School of Law, 2009

  • Dean's List
  • Executive director, Moot Court Honor Society

B.A., cum laude, Political Science, Union College, 2005

Court Admissions

  • State Bar of New York, 2010
  • U.S. District Court, Southern District of New York, 2010
  • U.S. District Court, Eastern District of New York, 2010
  • U.S. District Court, Northern District of New York, 2011
  • U.S. Court of Appeals, Second Circuit, 2011
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