Marc T. Ladd is an associate 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.
- 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. Because the existence of an “occurrence” was a threshold issue that Pella must establish in order to obtain insurance coverage, this ruling is significant to Pella’s pursuit of insurance coverage.
Prior to joining the firm:
- Representation of multibillion-dollar window manufacturer and its subsidiaries in various insurance coverage actions against their general liability insurance carriers. These actions collectively sought to recover millions of dollars in defense and indemnity costs that the window manufacturer and its subsidiaries incurred in connection with underlying class action and individual lawsuits filed across the country.
- Representation of major pump company in insurance coverage actions involving dozens of insurance policies sold by nearly twenty different insurance carriers. In November 2012, Marc was a member of the team that participated in a three-week trial in Delaware Superior Court that resulted in a decisive jury verdict finding that the pump company was entitled to defense and indemnity coverage for thousands of asbestos claims.
- 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.
Rankings & Honors
- Recognized as a "Rising Star" in New York by Super Lawyers, 2014-2017
News & Events
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
- 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