Jason Pozner focuses on insurance coverage and risk transfer. He advises and represents insurers writing coverage across various product lines, including liability, property, professional liability and environmental risks. His counselling has successfully guided high‑exposure coverage disputes across the United States and internationally. Jason undertakes all aspects of policy and claim analysis, negotiation, and, where required, litigation or arbitration through final determination or consensual resolution. He is well-versed in declaratory judgment actions in the state and federal courts of New York and New Jersey (and their respective appellate courts), and in the rendering of coverage opinions.
Selected Published Decisions
- Arthur Vincent & Sons Constr., Inc. v. Century Sur. Ins. Co., 156 A.D.3d 853 (2d Dep’t 2017) — Enforcing excess policy provision within “other insurance” clause.
- Bayswater Dev. LLC v. Admiral Ins. Co., 126 A.D.3d 490 (1st Dep’t 2015) — Pollution exclusion barred coverage for Chinese drywall claims.
- Olin Corp. v. American Home Assurance Co., 704 F.3d 89 (2d Cir. 2012) — Condition C “continuing coverage” required insurer to bear on-going losses for long‑tail environmental damage beginning during policy.
- United States v. South Jersey Clothing Co., 976 F. Supp. 2d 577 (D.N.J. 2013) — Claimants permitted to proceed against insurers where they held a protected property interest.
- Marolda Farms, Inc. v. Maryland Casualty Ins. Co., 2012 N.J. Super. Unpub. LEXIS 2609 (App. Div. Nov. 29, 2012) — State court lacked jurisdiction where federal court retained jurisdiction by consent decree.
- W9/PHC Real Estate LP v. Farm Family Casualty Ins. Co., 970 A.2d 382 (N.J. App. Div. 2009) — Competing 'other insurance' clauses (excess vs. pro‑rata); court applied excess clause rendering pro‑rata policy primary.
- Hernandez v. M‑Indus., LLC, 11 A.3d 375 (N.J. App. Div. 2010) — Landowner owes no duty to protect an independent contractor from hazards created by the contractor’s own work.
