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Overview

Alex Silverman represents U.S. and international insurers, reinsurers, and other businesses in complex commercial litigation and arbitration, including insurance coverage disputes and reinsurance matters. He regularly litigates and counsels insurers and reinsurers in connection with multimillion- and multibillion-dollar claims in state and federal courts and alternative dispute resolution forums across the country. Alex has particular experience with issues relating to commercial general liability insurance, including matters implicating both Coverage A and Coverage B. He also has extensive experience with matters implicating financial lines policies, including data breaches and other cybersecurity events, privacy liability, media content liability, directors and officers liability, employment practices liability, and professional liability.

Alex regularly assists clients in protecting their rights as they navigate New York Insurance Law section 3420. He also frequently presents to insurance companies on the statute’s many gray areas.

In addition, Alex regularly represents businesses in a range of complex commercial litigation, including cryptocurrency and blockchain-related disputes, breach of contract disputes, product liability actions involving medical devices and various pharmaceuticals, shareholder derivative actions, and intellectual property matters concerning trademarks, trade secrets, unfair competition, and false advertising.

Experience

Insurance/Reinsurance Coverage and Litigation

  • Counsel primary and excess insurers and reinsurers regarding a host of complex coverage issues, including trigger, fortuity, additional insured status and related issues, number of occurrences, allocation, exhaustion, other insurance, priority of coverage, bad faith, claims-made and reported functions, subrogation, follow-the-fortunes and follow-the-settlements, underwriting and pricing, and a range of other issues implicating CGL, commercial auto, D&O, EPL, professional liability, and other lines of insurance and reinsurance. Representative practice areas include sexual/physical abuse; toxic tort exposures (lead paint, asbestos, diacetyl, over-the-counter medications, among other things); product liability exposures; construction defects; environmental and pollution liability; antitrust violations; securities violations; government investigations; media and entertainment liability; employment practices violations; numerous other forms of “bodily injury,” “property damage,” and “personal and advertising injury” exposures; and other claims and damages stemming from catastrophic events.
  • Representing insurers and reinsurers in connection with coverage litigation, arbitration, mediation, counseling, and risk management with respect to thousands of underlying sexual/physical abuse, molestation, and assault claims filed under the New York Child Victims Act and other “reviver” statutes enacted across the country, including representing carriers in multibillion-dollar bankruptcy coverage actions.
  • Counseling general liability insurers in connection with high-profile entertainment lawsuits implicating CGL “Coverage B,” including matters alleging libel, defamation, and invasion of privacy.
  • Obtained dismissal of declaratory judgment action involving alleged additional insured coverage.
  • Obtained favorable settlement of action seeking additional insured coverage.
  • Obtained appellate decision affirming dismissal of suit seeking a declaration of insurer’s duty to defend a $50 million antitrust action, finding the action did not fall within the insuring agreement of a media liability policy and also would have been precluded by the policy’s antitrust exclusion.
  • Obtained voluntary pre-answer discontinuance of ERISA action filed against insurer in federal court.
  • Counseled life reinsurer in connection with implementing premium rate increases under YRT and other types of reinsurance treaties.

Commercial and Business Litigation

  • Representing music executive in contract dispute with major record label.
  • Represented recipient of nonparty subpoena in New York federal court; successfully moved under Rule 45(d) for award of client’s attorneys’ fees and expenses exceeding $500,000.
  • Defended cryptocurrency/blockchain corporation and individual owners in litigation involving alleged breach of contract and fraud.
  • Obtained favorable settlement on behalf of medical device manufacturer in product liability action.
  • Represented investment bank in obtaining favorable settlement of federal court action involving payment of success fee.
  • Represented New York City building owner in state court action alleging breach of contract, tortious interference, and specific performance.
  • Defended pharmaceutical manufacturer in concurrent product liability actions in New York state court.
  • Defended pharmaceutical manufacturer in four-week trial involving alleged misappropriation of trade secrets, tortious interference, and breach of contract.

Insights

Recognition

  • The Best Lawyers in America: Ones to Watch, Commercial Litigation, Insurance Law (2023–2025)
  • Top Author, Insurance, JD Supra Readers' Choice Awards (2020)
  • Go-To Thought Leadership Award, Insurance/Reinsurance, National Law Review (2019)

Speaking Engagements

  • "Insurance Coverage Issues," Perrin Sexual Abuse Litigation and Coverage Conference (March 18, 2021)

Credentials

Education

  • New York Law School (J.D., magna cum laude and with highest honors, 2012)
    • Editor, New York Law School Law Review
    • New York Law School Moot Court Association
  • University of Rhode Island (B.A., cum laude, 2008)

Bar Admissions

Court Admissions

Background

  • Associate, Rivkin Radler LLP, Uniondale, New York, NY (2015–2017)
  • Associate, Stern & Montana LLP, New York, NY (2012–2015)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.