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Picture: Alex B. Silverman

Alex B. Silverman

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New York

212.380.9627 212.785.5203

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Picture: Alex B. Silverman

Alex B. Silverman

[email protected] 212.380.9627

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Overview Experience Areas of Focus Insights News Recognition Speaking Engagements Credentials Background

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 third-party liability 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 directors and officers liability, employment practices liability, fiduciary 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 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

Defending cryptocurrency/blockchain corporation and individual owners in state court litigation involving alleged breach of contract and fraud.
Defending medical device manufacturer product liability litigation in state court litigation.
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.

Areas of Focus

Practices

Industries

Insights

Eighth Circuit Finds Contract Formation Challenges to Be Decided by the Court, Affirms Order Denying Motion to Compel Arbitration

Eighth Circuit Finds “Entire Contract” Challenge Must Be Decided by Arbitrator, Reverses Order Denying Motion to Compel Arbitration

Delaware Federal Court Confirms Arbitration Award, Holds Arbitrator Did Not Exceed Authority in Finding Unambiguous Contract Provision Was Unconscionable

Virginia Supreme Court Declines to Enforce Arbitration Clause in a Trust, Agrees Trusts Aren’t “Contracts” Under FAA and Virginia Law

Texas Supreme Court Finds Erotic Dancer and Club Had “Meeting of the Minds” to Enforce Arbitration Agreement

Ninth Circuit Agrees Non-Signatory Cannot Be Compelled to Arbitrate Under California Law

SDNY Rules Non-Signatories to Agreement May Compel Signatory to Arbitrate Issues of Arbitrability

Maine Supreme Court Holds Uber Cannot Enforce Arbitration Clause in Its User Terms and Conditions, Agrees User Was Not Provided Reasonable Notice

Eighth Circuit Rules Business Partners of Broker-Dealer Cannot Compel FINRA Arbitration, Agrees Partner Not a “Customer” Under FINRA Rules

Massachusetts Federal Court Rules English Law Governs Reinsurance Dispute but Denies Reinsurers’ Motion for Summary Judgment

Tenth Circuit Finds Non-Signatory May Compel Arbitration Based on Equitable Estoppel

Texas Department of Insurance Adopts New Reinsurance Regulations for Reciprocal Insurers

SDNY Confirms $500M Arbitration Award, Rejects Claim of Arbitrator Impartiality

Tenth Circuit Finds Equitable Estoppel Theories Allowed Non-Signatory to Rely on Arbitration Clause, Reverses Order Denying Motion to Compel Arbitration

Fifth Circuit Affirms Order Confirming International Arbitration Award, Ending Decades-Old Maritime Injury Litigation

Ninth Circuit Affirms Order Confirming Arbitration Award

Federal Court Declines to Vacate Arbitration Award Absent Public Policy Against Requiring Reinstatement of Terminated Employee

Delaware Court Finds Appraisal Proceeding Is Not a Claim “for a Wrongful Act” and Dismisses $177M Coverage Action

Sixth Circuit Agrees Farmer Must Reimburse Crop Insurer for Overpayments Received Due to Farmer’s Poor Record-Keeping

Eleventh Circuit Rules FAA Does Not Create Subject Matter Jurisdiction

Second Circuit Finds International Arbitral Tribunal Formed Under a Bilateral Investment Treaty Constitutes a “Foreign Tribunal” Under 28 U.S.C. § 1782

Wisconsin Federal Court Vacates Order Compelling Arbitration and Reopens District Court Case, Finding “Extraordinary Circumstances” Justified Relief Under FRCP 60(b)

Texas Federal Court Compels Arbitration of Civil Rights Claims but Stays Proceedings to Avoid Future Statute of Limitations Issues

SDNY Declines to Adopt Collateral Attack Doctrine, Grants Motion to Compel Arbitration

Illinois District Court Denies Motion to Vacate Arbitration Award and Imposes Sanctions, Citing “Outright Hostility” to Such Challenges in the Seventh Circuit

Colorado Federal Court Finds “Kona” Class Actions Did Not Trigger “Personal and Advertising Injury” Insuring Agreement

Connecticut Supreme Court Finds State Law Statutory Limitation Period to Vacate Arbitration Award Confers Jurisdiction on State Courts and Not Preempted by FAA

California Federal Court Rejects Unconscionability Claims, Enforces Delegation Clauses in Arbitration Agreements

New York Federal Court Declines to Modify Arbitration Award to Include Attorneys’ Fees and Costs

Court Finds Pre-Hearing Nonparty Deposition Subpoenas Permitted by FAA, and Rule 45 Territorial Limit Not a Bar for Virtual Deposition

New York Court Finds Securities Settlements Not Covered by D&O Policies Due to Insured Capacity and Uninsurable Loss Issues

Tenth Circuit Agrees Arbitration Award Issued Absent an Arbitration Agreement Was a “Farce,” Orders Sanctions Against Pro Se Petitioner

New York Court Finds the Term “Exhaustion” in Excess Policy Was Ambiguous, Rules That Full Limits of Underlying Insurance Need Not Be Paid for Excess Policy to Attach

District Court Transfers Consideration of Motion to Quash Pursuant to Rule 45(f)

Arkansas District Court Compels Arbitration of Post-Termination Wage Dispute

California District Court Grants Motion to Compel, Referring Issue of Arbitrability to Hong Kong Arbitration Forum

Ninth Circuit Adopts General Rule Regarding Circumstances in Which Excess Insurers May Dispute Exhaustion of Underlying Insurance

Second Circuit Affirms Arbitration Award of Over $2M in Fees to Prevailing Party

Ninth Circuit Affirms That Uber Driver Not Engaged in “Foreign or Interstate Commerce” for Purposes of Exemption to FAA

Washington Supreme Court Declines To Intervene in Ongoing Arbitration, Finding Judicial Authority Under FAA Limited To “Gateway” Disputes and Review of Final Awards

Georgia Supreme Court Finds Mandatory Arbitration Clause in Law Firm Engagement Agreement Is Neither Unconscionable nor Void as Against State Public Policy

Federal Court Confirms $112 Million Foreign Arbitral Award Against Ukraine, Finding No Arbitrator Impartiality

Washington Federal Court Finds Attorney-Client Privilege Waived by Claims Handler’s Inadvertent Disclosure of In-House Counsel’s Coverage Opinion to Defense Counsel

SDNY Finds Insurer, As Subrogee, Lacked Authority to Enforce Arbitration Clause in Fuel Delivery Contract

Eleventh Circuit Affirms Order Compelling Arbitration of Cruise Liner Class Action

Eleventh Circuit Affirms Denial of Motion to Arbitrate Where Appellant Was Not a Party to Arbitration Agreement

Seventh Circuit Rejects Third-Party Administrator’s Attempt to Avoid Multimillion-Dollar Arbitration Award

NJ Supreme Court Finds State Arbitration Law Applies to FAA-Exempt Workers

When Is an Arbitration a Foreign or International Tribunal?

Second Circuit Affirms Ruling That Chinese Arbitration Organization Is Not a “Foreign or International Tribunal” Under Section 1782

Court Denies Petition to Vacate, Finding Petitioner Waived Objection Based on Arbitrator Impartiality

Fourth Circuit Finds Arbitration Clauses Are Valid and Enforceable, Confirms Chinese Arbitral Award

Oklahoma Supreme Court Finds Arbitrator, Not Court, to Determine Fraudulent Inducement Attack on Contract Containing Arbitration Clause

Iowa Supreme Court Finds Fatality Allegedly Caused by Gross Negligence Was a Potential “Accident” Under CGL Policy

SDNY Grants Motion to Compel Arbitration, Directs Arbitrability Issue to Arbitrators

Fifth Circuit Affirms Order Denying Motion to Compel Against Non-Signatories to Arbitration Agreement

Pennsylvania Court Finds Respondent’s “Different Reading” of Arbitration Award Need Not Be Raised in a Timely Motion to Vacate, Modify, or Correct

Court Affirms Ruling That Insured Cannot Recover From Captive Reinsurer or Affiliated Insurance Brokerage

Court Affirms Ruling Putting End to Arbitration on Issue and Claim Preclusion Grounds

Court Confirms Award in Favor of Reinsurer, Including Over $400,000 in Attorneys’ Fees

Seventh Circuit Agrees Defendant Expressly Waived Right to Arbitrate by Withdrawing Arbitration Argument From Motion to Dismiss

Court Dismisses Professional Negligence Action Against Insurance Broker for Lack of Personal Jurisdiction

Ransomware Attack Replacement Costs Are Covered “Direct Physical Loss or Damage” Under Standard Business Owner’s Policy, According to Maryland Federal Court

District Court Enforces Mandatory Arbitration Clause, Despite State Law Prohibiting Such Provisions in Insurance Contracts

Ninth Circuit Agrees Defendant Waived Right to Arbitrate, Affirms Order Denying Motion to Compel

Federal Court Dismisses Policyholder’s Third-Party Action Against Reinsurers

Third Circuit Affirms Order Declining to Consolidate Reinsurance Dispute, but Vacates Order Denying Motion to Unseal

District Court Confirms $220 Million Award, Finds No Manifest Disregard of Law

New York Appellate Division Declines to Enjoin Baltimore Orioles’ Arbitration Against Washington Nationals

Southern District of New York Holds That Arbitrator’s Refusal to Postpone Hearing and Consider Witnesses Not “Misconduct” Requiring Vacatur

SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionable

Court Finds Animals Incapable of Vandalism or Malicious Mischief for Insurance Purposes (and all other purposes, too)

Court Finds Medical Bill Reimbursement Claim Subject to “Biblically-Based Mediation and Arbitration”

New York Court Compels Arbitration of Commercial Marijuana Dispute

District Court Dismisses Petition to Confirm Interim Arbitration Award for Lack of Subject-Matter Jurisdiction

District Court Compels Arbitration Citing Insurance Policy’s “Service-of-Suit” Provision

UK High Court Declines to Sanction Transfer of Annuity Portfolio

Court Stays Yacht-Wreck Coverage Action Pending Concurrent Proceeding to Vacate Arbitration Award in Favor of Insurers

Court Denies Reinsurer’s Motion to Compel, Finding No Basis to Decide Issues Concerning Costs for Which Cedent Has Not Requested Payment

Court Confirms Arbitration Award, Finding It Was Based in Part on “Plain Error,” but Did Not Amount to Manifest Disregard of the Law

SDNY Dismisses Captive Reinsurer’s Counterclaims, Finding Reinsurance Agreement Never Rescinded and Cedent’s Duty to Cede Premiums Never Arose

Ninth Circuit Binds Plaintiff to Arbitration Clause It Never Received, Finding Clause Was “Readily Available” and Incorporated by Reference Into Purchase Order

Changes to the Patent Landscape for the Insurance and Financial Industries

Failure to Specifically Challenge “Delegation” Clause in Arbitration Agreement Means Motion to Compel Arbitration “Must Be Granted"

District Court Grants Motion to Compel Arbitration, Finding Arbitration Provision Not Severable From Allegedly Void Contract

Second Circuit Adopts Standard for Determining Subject-Matter Jurisdiction Over Motions to Confirm Arbitration Awards Under FAA Section 9

West Virginia Supreme Court Reverses, Finds “Delegation Clause” in Employment Arbitration Agreement Neither Ambiguous nor Unconscionable

EDNY “Teas” It Up On Additional Insured, Finds Insurer May Withdraw Defense and Recoup Defense Costs

California Court Denies Defendants’ Motions for Summary Judgment, Finding Evidentiary Support for Odyssey Re’s Fraudulent Transfer Claims

Tenth Circuit Finds No Jurisdiction to Hear Appeal of District Court Stay Order While Motion to Compel Arbitration Is Pending in Parallel Federal Court Proceeding

Second Circuit Vacates SDNY Order Enforcing Arbitration Award Against Reinsurer

District Court Denies Summary Judgment to Trustee of Trust Account Maintained for Beneficiary of “Fronted” Reinsurance Program

SDNY Vacates Amended Arbitration Award, Confirms Original $39 Million Award, Finding Panel Exceeded Authority and Manifestly Disregarded Law

District Court Declines to Decide Procedural Arbitrability Issue, Separately Seals Docket, Finding “Reasonably Significant Privacy Interest” in Reinsurance Treaties

Ninth Circuit Dismisses Interlocutory Appeal, Finds Order Compelling Arbitration Not a “Final Decision” Under FAA

Second Circuit Holds “Offering for Sale” Is “Advertising Injury” Under CGL Policy, But Allegation No

Eleventh Circuit Finds Exclusion Bars Trademark Infringement and Dependent False Designation and …

Ninth Circuit Holds Putative Class Action ERISA Claims Fall Outside Scope of Individual Arbitration

Promissory Note Issued In Satisfaction of Unpaid Insurance Premiums Is Valid And Enforceable, Even If Allegedly Derived From Unapproved Reinsurance Agreement

Implications of U.S. Withdrawal from Iran Nuclear Deal on (Re)insurance Industry

Fourth Circuit Finds Employer Cannot Compel Arbitration of Former Employee’s Discrimination Claims

U.K. Court Of Appeal Finds Experienced “Insurance Or Reinsurance” Lawyers Are Eligible For Appointment To Arbitration Panel Under Arbitration Clause In Reinsurance Treaty

New York’s Highest Court Rejects ‘Unavailability of Insurance Exception’ Under ‘Pro Rata Time on the Risk Allocation’

Seventh Circuit Reverses Order Compelling Arbitration of Dispute Between Two Non-Signatories to Arbitration Agreement

U.K. Court Finds Arbitration Respondent Did Not Waive Objection to Jurisdiction of Arbitration Tribunal

Court Enforces Arbitration Award, Finds Reinsurer Must Pay Settlement Between Retrocessionaire and Policyholder

S.D.N.Y. Dismisses Insurer’s Claims Against Reinsurance Broker Under Economic Loss Doctrine, Finds No Special Relationship

Major Disruption in the Use of Technology and Trademarks in the Insurance Industry

Magistrate Judge Recommends Denying Application for $305M Reinsurance Judgment

Wisconsin Adopts New Credit for Reinsurance Rule Based on Certified Reinsurers

Court Finds Confidentiality Provision in Arbitration Agreement Unconscionable, Compels Consumer Arbitration

SDNY Rules SEC Investigation Is A “Claim” Within Pending and Prior Acts Exclusion

U.K. Court Approves Multi-Billion Pound Plan to Transfer Annuity Liabilities Under Reinsurance and Business Transfer Agreements

Fifth Circuit Finds Order Not “Final” for Purposes of Appellate Jurisdiction

Fourth Circuit Reverses Ruling That Reinsurance Agreement Is an “Insurance Contract” Under Virginia Law

Sixth Circuit Affirms Vacatur of Arbitration Award Based on Prior Termination of Sales Contract

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

News

Six Carlton Fields Attorneys Elected to Shareholder

Carlton Fields Recognized as 2020 Top Firm for Insurance for Third Consecutive Year

Carlton Fields Attorneys Recognized as National Law Review Go-To Thought Leaders

Carlton Fields Adds Property & Casualty Insurance Attorney Alex B. Silverman in New York

Recognition

The Best Lawyers in America: Ones to Watch, Commercial Litigation, Insurance Law (2023–2024)
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

New York

Court Admissions

U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York

Background

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

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Overview Experience Areas of Focus Insights News Recognition Speaking Engagements Credentials Background