Career
Robert M. Horkovich, Anderson Kill's managing shareholder and co-chair of the firm's Insurance Recovery Group, has obtained over $5 billion in settlements and judgments from insurance companies for his clients. Bob is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders and governmental entities. His victories include one of the top 10 jury verdicts in the United States, the top insurance recovery jury verdict in the United States, seven landmark state Supreme Court decisions, eight jury verdicts and nine bench trial decisions in favor of the policyholder.
Bob has represented The Port Authority of New York and New Jersey, San Diego Unified Port District, General Electric, Thiokol, Waste Management, Alcatel-Lucent, Garmin, SCI, Clorox (First Brands), Saks Fifth Avenue, NYU, Princeton University, United Bank, Spalding, Cascade, Tektronix, Maidenform, Bijan and Evander Holyfield.
As to asbestos insurance recoveries, Bob represents the Trusts in the LTL Management, Kaiser-Gypsum, Cyprus Mines, Aldrich Pump, W.R. Grace, Owens Corning, Congoleum, Fuller-Austin, Swan Transportation (Tyler Pipe), and Asarco cases, and represented the Asbestos Claimants' Committee in the Federal Mogul, PPG/Pittsburgh Corning, and A.P. Green (GIT) bankruptcies.
Bob is also a member of Anderson Kill’s White Collar Defense Group. He has extensive experience in antitrust matters, as well in criminal codes and the recovery of stolen assets, and has published extensively on antitrust matters. As a Captain in the USAF JAG Corp., he was a Special Assistant U.S. Attorney and in that role prosecuted more than 200 cases. He also was a Special Assistant District Attorney for Manhattan for the purposes of handling and arguing appeals of criminal convictions and successfully argued People v. Octavio Peck before the New York Court of Appeals winning an issue of constitutional law of first impression.
Experience
Insurance Coverage Trials
State of California v. Continental Insurance Co., et al., No. 239784 (August 11, 2015). Court award of $13,914,082.09, the full amount of mandatory prejudgment interest owed by the two CNA insurance companies, after bench trial. CNA previously agreed to pay $12 million, its full limits, before the prejudgment interest trial.
State of California v. Underwriters at Lloyds, et al., No. 239784 (May 16, 2005). Jury verdict in favor of coverage for the State of California’s clean-up of the Stringfellow Acid Pits, described by a federal court as the most complex environmental clean-up in the world. Jury found all five (5) remaining insurance companies breached their contracts and rejected every coverage defense. To date we have recovered $172 million in indemnity plus $60 million in defense costs and $14 million in pre-judgment interest.
Fuller-Austin Insulation Co. v. Fireman’s Fund Insurance Co., et al., No. BC116835 (Los Angeles Superior Court) (May 5, 2003). Jury verdict of $188,793,014 in favor of policyholder against Lloyd’s, Stonewall Insurance Company and Highlands Insurance Company in an asbestos insurance coverage case (a top 10 jury verdict in the U.S. in 2003). Affirmed in part and reversed in part on appeal. Two previous bench trials. Gross settlements of over $190 million from 14 different insurance companies achieved before trial. Over $50 million in settlements achieved after trial.
Wausau v. Tektronix, CCV 9908032 (Clackamas County, Oregon). (June – August 2002). Jury verdict and declaratory judgment in favor of coverage at six environmental sites despite Wausau’s claim that alleged 15 year late notice was worst in Wausau’s history; also won attorneys’ fees. Bench trial regarding coverage for RCRA – rather than CERCLA – clean-up.
Waste Management, Inc. v. Admiral Insurance Co., et al., Docket No. HUD-L-931-92. (New Jersey Superior Court, Hudson County). (October 2001 – January 2002). Won trial of insurance coverage for environmental liability at five New Jersey sites. All but a few insurance companies settled before or during trial.
Pereira, Trustee of Payroll Express v. Marshall & Sterling, Inc., No. 92-B-43150 (CB)/98-8405A. (U.S. Bankruptcy Court, Southern District of New York). (January – May 2002). 2005 WL 2438444. Tried and won an insurance broker malpractice action resulting in a judgment in excess of $21.8 million in bankruptcy court. District Court reversed – case was settled.
Weyerhaeuser Co. v. Commercial Union Ins. Co., No. 92-2-05214-8 SEA. (March 2002). Bench trial resulting in decision in favor of coverage at Commencement Bay; also won attorneys’ fees.
ZRZ Realty Company, et al. v. Beneficial Fire & Casualty Company, et al., Circuit Court No. 9708-06226. (Oregon Superior Court, Multnomah County). (October – December 1999). Won trial establishing defense obligation and declaratory judgment to pay future environmental clean-up costs; won attorneys’ fees. All but Lloyd’s settled before or during trial.
Bijan Designer for Men, Inc. v. Fireman’s Fund Insurance Co., No. 603814/97. (New York Supreme Court, New York County). (December 1999). $9 million jury verdict in favor of policyholder on insurance claim arising out of the St. Regis Hotel fire.
Cascade Corp. v. American Home Assur. Co., et al., No. 9205-03083. (Oregon Superior Court, Multnomah County). (July – October 1998). Won trial establishing Lloyd’s missing policies, jury declared $11 million in environmental clean-up costs covered; declaratory judgment to pay certain future environmental clean-up costs; also won attorneys’ fees. All but Lloyd’s and Employers Re settled before trial. Affirmed by Court of Appeals on appeal.
Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al., No. 92-2-05214-8 (MJP) (Civil Track I). (Washington Superior Court, King County). (June 1997). Commercial Union offered $4 million judgment against itself the day before a 10 environmental site trial.
McLean v. Continental Casualty Co., 95 Civ. 10415 (HB). (U.S. District Court, Southern District of New York). (1997). Won jury verdict and judgment for full policy limits in travel accident life insurance case; also won attorneys’ fees.
Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al., No. 92-2-05214-8 (MJP) (Civil Track I). (Washington Superior Court, King County). (April 1996). Jury recognized coverage for five of seven Washington environmental sites; also won attorneys’ fees.
Weyerhaeuser Co. v. Aetna Cas. & Sur. Co., et al., No. 92-2-05214-8 (MJP) (Civil Track I). (Washington Superior Court, King County). (October 1994). Jury found coverage for Mid-State Superfund site; also won attorneys’ fees. 33/34 insurance companies settled before trial.
In Re Corregated Container Antitrust Litigation, M.D.L. 310 (S.D. Texas Houston Div. 1980). 4th member of trial team at Skadden Arps representing Westvaco Corporation in a jury trial against Stephen Sussman in U.S. District Court (Houston) (Singleton, J.).
Appellate
Certain Underwriters at Lloyds, et al. v. BioEnergy Dev. Group LLC, 189 A.D.3d 573, 139 N.Y.S.3d 13 (1st Dept 2020); 178 A.D.3d 463, 115 N.Y.S.3d 240 (1st Dept 2019). Breach of implied duty of good faith, consequential damages, attorneys’ fees and interest claim for tens of millions of dollars permitted because underwriters and insurance companies’ delayed interim payments on business interruption policies.
American Home Assurance Co. v. The Port Authority of New York and New Jersey, et al., 166 A.D.3d 464 (N.Y. App. Div. 1st Dept 2018). Policy triggered if injuries arise out of building operations at World Trade Center/Hudson Bay site regardless of when harm became apparent; all fireproofing insulation injuries were not a single occurrence; AIG must continue to defend entirety of asbestos claims.
American Home Assurance Co. v. Port Authority of NY and NJ et al., 123 A.D.3d 633, 1 N.Y.S.3d 29 (1st Dept 2014). Policyholder entitled to attorneys’ fees in establishing duty to defend even when policyholder moves for summary judgment on its counter-claim for defense.
Cleaver-Brooks, Inc. v. AIU Ins. Co., 351 Wis.2d 643, 839 N.W.2d 882 (2013), rev. denied, (2014). Established that excess insurance companies sharing a layer of coverage can be ordered to pay the policyholder simultaneously and not sequentially.
State of California v. Continental Ins. Co., 55 Cal.4th 186, 281 P.3d 1000 (2012). Won landmark decision from California Supreme Court establishing that policyholders are entitled to the entire limits (all sums) of their insurance policies instead of some reduced pro-rata share and that policyholders are entitled to the benefits of policies for all years (stack), not just a single year, in which the loss occurred.
More: https://andersonkill.com/people/robert-m-horkovich/ (see "experience")
