Overview

Andrew Premisler is a distinguished coverage attorney with more than 25 years of experience advising on high-stakes coverage matters and litigating complex insurance claims. His practice focuses on third-party coverage issues involving Labor Law and bodily injury claims, construction defect matters, primacy of coverage disputes, additional insured claims, and related exposures, with significant additional experience in first-party insurance matters. He is a well-regarded authority in New York insurance law, having served as Chair of the New York State Bar Association’s Continuing Legal Education Program on insurance coverage and delivered numerous presentations and authored materials on commercial general liability, construction defect, and first-party coverage issues.

Representative Experience

  • Obtained summary judgment declaring that a liability insurer had no duty to defend and indemnify an owner and general contractor as additional insureds in connection with an underlying lawsuit arising out of a construction site accident. New Hampshire Ins. Co. v. Travelers Indemnity Co., 2024 WL 1484191 (S.D.N.Y. 2024)
  • Successfully represented a liability insurer and obtained summary judgment declaring thatanother insurer had the primary duty to defend a contractor in a multi-million dollar bodily injury lawsuit, leading to the reimbursement of more than $700,000 in defense costs to our client. The Charter Oak Fire Insurance Co. v. Zurich American Ins. Co., Index No. 160228/2017 (Sup. Ct., N.Y. Co. May 16, 2023). 
  • Obtained summary judgment declaring that a liability insurer had no duty to defend and indemnify an owner and general contractor as additional insureds in connection with an underlying bodily injury lawsuit. Zurich American Ins. Co. v. Starr Indem. & Liability Co., 2023 WL 2650424 (Sup. Ct., N.Y. Co., Mar. 17, 2023).
  • Obtained reversal of a trial court judgment declaring that a liability insurer had a duty todefend and indemnify a general contractor in connection with a multi-million dollar property damage lawsuit. Tishman Tech. Corp. v Travelers Indem. Co. of Am., 161 A.D.3d 517(1st Dep’t 2018).
  • Successfully represented an insurer at the trial and appellate level based on policy condition violations. Cambridge Realty Co., LLC v. St. Paul Fire & Marine Ins. Co., 421 Fed. App’x 52 (2d Cir. 2011).
  • Obtained reversal of a trial court order denying liability insurer’s motion for summary judgment and a declaration that coverage was excess over other applicable coverage Auriemma v. Biltmore Theatre, LLC, 82 A.D.3d 1 (1st Dep’t 2011).
  • Obtained summary judgment for a carrier in a multi-million dollar coverage action brought to determine liability among various third-party insurers. Certain Underwriters at Lloyds of London v. Illinois Nat. Ins. Co., 2011 WL 723544 (S.D.N.Y. Feb. 25, 2011).
  • At the trial and appellate level, obtained dismissal, based upon New York’s non-occurrence rule and business risk exclusions, of a multi-million dollar coverage claim arising out of an alleged breach of financing agreements. ePlus Grp., Inc. v. Banc of Am. Leasing & Capital, LLC, 2006 WL 318863 (S.D.N.Y. Feb. 10, 2006), aff’d sub nom. ePlus Grp., Inc. v. Travelers Prop. Cas. Co. of Am., 268 F. App’x 117 (2d Cir. 2008).
  • Obtained affirmation of dismissal of an insured’s 9-11 related property damage claim based upon the insured’s failure to comply with conditions precedent to coverage. Il Cambio, Inc. U.S. Fid. & Guar. Co., 82 A.D.3d 650 (1st Dep’t 2011).
  • Guided an insurance company through the litigation and successful resolution of a complex multi-million dollar property damage claim involving a lower Manhattan office tower allegedly damaged in connection with the 9-11 Terrorist Attacks.
  • Represented a primary insurer against another carrier in successfully recovering hundreds of thousands of dollars for a previously paid settlement of an underlying lawsuit. Safeco Ins. Co. of Am. v. Discover Prop. & Cas. Ins. Co., 2009 WL 436329 (S.D.N.Y. Feb. 23, 2009).
  • Obtained dismissal of an action for defense/indemnification coverage in connection with an underlying construction defect lawsuit based upon New York’s non-occurrence rule and various business risk exclusions. Amin Realty, L.L.C. v. Travelers Prop. Cas. Co., 2006 WL 1720401 (E.D.N.Y. June 20, 2006).
  • Represented primary insurer in a lawsuit where an insured alleged extra-contractual damages due to the insurer’s claimed bad faith conduct in failing to inform the insured and its excess carrier of potential excess exposure in connection with the defense of a multi-million-dollar personal injury lawsuit, and guided the insurer to a successful resolution of both the coverage action and the underlying matter.

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