Overview

Stephen M. Lazare works with insurers to make sense of challenging coverage questions and determine how best to address them. With more than 40 years of experience and more than 1,000 insurance matters handled or overseen, he quickly identifies the issues that can shape a dispute, anticipates potential complications and gives clients a clear assessment of their options.

Stephen M. Lazare is of counsel in Dilworth Paxson’s New York office and has more than 40 years of experience representing insurers in complex coverage disputes and commercial litigation. Over his career, he has worked on first- and third-party matters involving property and casualty, professional liability, construction defect, bad faith and other coverage issues. That breadth allows Steve to get quickly to the heart of a difficult matter, recognize issues he has encountered in different forms and identify where complications are likely to arise. For clients, that means less time bringing counsel up to speed and a clearer assessment of which issues warrant attention, where the risks lie and what may ultimately drive the outcome.

Steve works with clients to look beyond the immediate coverage question and consider how a position may hold up if the dispute progresses. Having represented carriers at both the trial and appellate levels, he understands how arguments, factual records and policy interpretations are ultimately tested in court. He uses that perspective to identify vulnerabilities early, assess the strength of competing positions and give clients a candid view of the risks associated with the available options. Whether the appropriate course is resolution or continued litigation, Steve helps clients decide with a clear understanding of where the matter may go and what will be required to get there.

Insurance coverage law does not stand still, and Steve has spent much of his career closely engaged with its development. He has remained immersed in the issues affecting carriers and the evolving law governing their obligations. His broad experience  helps him assess not only whether an argument can be made, but also how persuasive it is likely to be and whether pursuing it advances the client’s larger objective.

Representative Experience

  • Before New York’s highest court, won reversal of the Appellate Division and trial court decisions, establishing—despite conflicting authority—the broad application of the earth movement exclusion to man-made events.
  • Successfully represented a primary insurer through trial and appellate levels in a multimillion-dollar personal and advertising injury claim arising from an underlying trade secrets misappropriation dispute.
  • As lead counsel for a group of international carriers, obtained dismissal of a highly complex professional liability claim seeking more than $100 million in defense and indemnity costs.
  • In connection with multiple underlying claims involving demands in the tens of millions of dollars, guided a major carrier through New York’s complex anti-subrogation rule and excess coverage issues and secured millions of dollars in additional participation from other carriers.
  • In multiple cases, successfully overcame challenges to New York’s non-occurrence rule in construction defect coverage claims.
  • Represented a professional liability insurer in obtaining a declaration of noncoverage for a $70 million settlement payment arising from securities claims and successfully argued on appeal that the insured was not entitled to defense costs.

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