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Overview
Jay E. Kagan concentrates his practice on complex corporate and commercial litigation, professional errors and omissions liability, fiduciary liability, directors & officers liability, securities fraud, and internal corporate investigations. He represents broker-dealers and registered representatives in matters before the Financial Industry Regulatory Authority (FINRA). Mr. Kagan has extensive experience handling all aspects of coverage analysis, claims management, mediation and resolution of all types of claims, including securities class actions, derivative actions, and other complex litigation.
Jay has litigated disputes in state and federal courts for professional liability insurers, involving a wide variety of coverages and provisions. He has represented corporate and insured entities, from the first notice of a potential claim through trial and appeal in state and federal courts.
Jay’s publicly traded clients and relationships have included CNA Insurance, RSUI Insurance Group, Aspen Insurance, Sompo International Insurance, Simon Property Group, Campbell Soup Company, and Cedar Realty Trust.
Representative Experience
- Secured directed verdict following federal jury trial claims of fraud, civil RICO, and breach of fiduciary duty.
- Obtained defense verdict following trial of insurance brokerage firm alleged to have engaged in fraudulent conduct.
- Obtained summary judgment in favor of insurance brokerage firm alleged to have secured improper and insufficient insurance on behalf of its customer.
- Obtained denial of class certification and summary judgment in favor of title insurer alleged to have improperly denied coverage for conditions of the subject property. This decision was affirmed on appeal to the Pennsylvania Superior Court.
- Obtained $1.15M judgment on behalf of client for breach of contract.
- Obtained denial of class certification and ultimately summary judgment in favor of securities broker-dealer alleged to have engaged in securities fraud and the placement of unsuitable investments.
- Obtained summary judgment as to the liability of a subsequent commercial property owner in the chain of title for economic obligations that run with the land.
Professional & Community Activities
- Pennsylvania Bar Association
- New Jersey State Bar Association
- Philadelphia Bar Association
Representative Experience
- Secured directed verdict following federal jury trial claims of fraud, civil RICO, and breach of fiduciary duty.
- Obtained defense verdict following trial of insurance brokerage firm alleged to have engaged in fraudulent conduct.
- Obtained summary judgment in favor of insurance brokerage firm alleged to have secured improper and insufficient insurance on behalf of its customer.
- Obtained denial of class certification and summary judgment in favor of title insurer alleged to have improperly denied coverage for conditions of the subject property. This decision was affirmed on appeal to the Pennsylvania Superior Court.
- Obtained $1.15M judgment on behalf of client for breach of contract.
- Obtained denial of class certification and ultimately summary judgment in favor of securities broker-dealer alleged to have engaged in securities fraud and the placement of unsuitable investments.
- Obtained summary judgment as to the liability of a subsequent commercial property owner in the chain of title for economic obligations that run with the land.