Formerly the Chair of the Insurance Services Practice Group at a prominent national firm, Bruce has substantial experience with the management of litigation exposures, both in the courtroom and in the assessment of how an insurance carrier may satisfy its obligations while effectively managing claims and pursuing risk transfer.
He regularly represents a major municipality in claims alleging negligence, abuse, assault or constitutional deprivation. He provides counsel to a self-insured program of fleet vehicles and represents construction, real estate, transportation and healthcare companies in liability matters and commercial affairs. Mr. Strikowsky has worked for life sciences companies in the defense of claims alleging defective products and has defended Childhood Victims Act and other abuse claims, as well as claims of toxic exposure and mass tort matters.
Mr. Strikowsky has substantial experience as independent counsel for policyholders and additional insureds that have received reservations of rights from insurance carriers.
Representative Matters:
Insurance Coverage
Bruce’s practice focuses substantially on liability insurance coverage afforded by primary, excess/umbrella, property, environmental (PARLL), commercial auto, trucking, WC/EL and other risk transfer contracts.
- Litigation of disputes between and among insurers, policyholders, and claimants concerning the availability or scope of coverage.
- Prepare opinion letters and drafts policy language.
- Advises on claim practices and regulatory compliance.
- Provide counsel on matters related to fronting policies and high-deductible programs, including priority of contribution and the effect of insolvency, drop down restrictions.
- Counsel self-insureds on risk transfer issues.
- Represent insurers in bad faith actions or suits seeking to impose extracontractual liability.
- Advise and represent first-party property insurers concerning coverage and damages.
- On behalf of excess carriers and corporate clients, serves as coordinating counsel monitoring the conduct of litigation and supervising local counsel.
- Provides counsel to corporate risk managers concerning management and resolution of claims, as well as review of placements for global property and liability programs.
Municipal Liability/Public Entity/General Liability
Representation includes:
- Francis v. City of New York, 2006 WL 2091235 (2d Cir. 2006)
- De’Leone v. City of New York, 45 A.D.3d 254, 845 N.Y.S.2d 241 (1st Dept. 2007)
- Liberty Mut. Fire Ins. Co. v. E.E. Cruz & Co., Inc., 475 F.Supp.2d 400 (claim for recovery for property damage barred by antisubrogation doctrine)
- S.W. v. City of New York, 1:09-cv-01777 (EDNY) (counsel for the City of New York, Administration for Children’s Services)
- Minorczyk v. Dormitory Auth. of State of New York, 74 A.D.3d 675 (1st Dept. 2010) (affirming summary judgment to property owner in action premised on New York Labor Law Section 240)
- Yuen v. City of New York, et. al., Index No. 502657/2020, (S. Ct. N.Y. Cty. 2023) (finding lack of special duty and, alternatively, applicable immunity to shield City from liability for violent attack during child protective interview)
- Tavares v. City of New York, New York Law Journal, 9/28/20, Verdicts & Settlements (represented New York City in catastrophic construction site injury allegations, settled at at jury selection for $36 million with no contribution by City)
Independent Counsel
Bruce serves as independent counsel (also known as “Cumis counsel”) to municipal agencies, policyholders and additional insureds where a conflict of interest exists between the client and an insurance company obliged to fund its defense. These circumstances typically arise upon an insurer’s issuance of a reservation of rights, which may implicate the right of the insured to designate counsel of its own choosing at the insurer’s expense.
Appellate Litigation
- AESLIC v. L&G Masonry, et. al. 2020-02632 [1st Dept 2021] (invalidating insurer’s disclaimer premised on failure to submit to a premium audit and reversing lower court’s failure to award attorney fees to our client)
- In re: Deepwater Horizon, 470 SW3d 452 [Texas S Ct 2015] (Amicus Curiae for Aviation Insurance Association)
- Cayuga Indian Nation of NY v. Gould, 14 NY3d 614 [2010] (amicus for American Cancer Society)
- Hartford Underwriters v. American International Underwriters, 300 AD2d 24 [1st Dept 2002] (reversing lower court and granting dismissal of claims against wrap-up insurer)
- AIU Ins. Co. v. Gulf Ins. Co., 775 NYS2d 272 [1st Dept. 2004] (declaring that client was entitled to reimbursement of losses from contingent and excess auto insurance carried by vehicle leasing operation)
- National Union Fire Ins. Co. v. Pep Boys, 759 NYS2d 42 [1st Dept. 2003] (applying Pennsylvania law and declaring that insurer had no duty to defend class action allegations that sale of older car batteries caused property damage and loss to value of warranty)
- Tsong v. Penske Truck Leasing Co., 2006 WL 1574079 [NJ AppDiv 2006]
- Sulgrave Realty Corp. v. Landmark ins. Co., 720 NYS2d 185 [2d Dept 2001]
- Polarome Mfg., Co. Inc. v. Commerce & Indus. Co., 708 A2d 450 [NJ App Div 1998] (deciding choice of law in favor of New York and dismissing claim on grounds of late notice)
News & Publications
- Litigation and Legislative Efforts to Implicate Insurance for COVID-19 Losses (April 1, 2020)
New York City Settles Suit by Abused Foster Children - The New York Times.pdf
- Bruce Strikowsky Offers Comment on Resolution of Claims Against NYC Foster Care System
- New Reporting Requirements Under MMSEA: New Mandatory Reporting Requirements Affect Companies Who Pay Money to Resolve Personal Injury ClaimsInsurance and Health Law360
- Recurring Problems in Additional Insured Litigation, Mealey’s Litigation Reporter, Insurance (vol. 18, No. 23, April 20, 2004)
