Robert M Horkovich

Practice Areas

Insurance Recovery, Bankruptcy and Restructuring, White Collar Defense

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.

Professional Memberships

Fellow, American Bar Foundation

New York and Maryland American Bar Associations: Sections on Litigation; Tort and Insurance Practice

Publications

See publications tab at https://www.andersonkill.com/People/Robert-M-Horkovich

Personal

Captain, USAF JAG Corp.; 1100 ABW/JA (1980 - 1982) and USAF/JAJM (1982 - 1984). Awarded Meritorious Service Medal and Air Force Commendation Medal. Named Outstanding Company Grade Officer of the Year, Bolling Air Force Base, Washington, D.C.

Member, United States Senate Staff (1975-1977). United States Senator James L. Buckley (New York)

Work Highlights

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.

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; also 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.

Reported Appellate Cases

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.

Matter of Viking Pump, Inc., 27 N.Y.S.3d 244 (2016). Policyholders are entitled to "all sums", not just pro-rata share, from policies with prior insurance or non-cumulation clauses. Policyholders can spike vertically to access excess policies instead of relying on a "rising bath tub” allocation if their policies state underlying limits. Amicus brief submitted on behalf of United Policyholders, WRG Asbestos PI Trust, Asarco Asbestos Personal Injury Trust, and others, accepted by New York Court of Appeals.

American Home Assurance Co. v. The Port Authority of New York and New Jersey, 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.

State of California v. Allstate Ins. Co., 45 Cal.4th 1008, 201 P.3d 1147 (2009). Won landmark decision from California Supreme Court establishing that policyholders are entitled to coverage for whole loss when there are both covered and uncovered causes unless the insurance company can bear its burden to prove the exact amount of the loss attributed to the uncovered cause. Also won decision that the polluter's exclusion applied to the discharge from, and not into, the contaminant facility, which significantly narrowed the application of the polluter's exclusion.

Cascade Corp. v. American Home, et al., 206 Or. App. 1, 135 P.3d 450, (Or. Ct. App. 2006) app. dismissed, 2007 Ore. LEXIS 1110 (Or. 2007) (excess insurance companies are jointly & severally liable under all sums policy language, no proration to policyholder, and no off-sets for settlements or "other insurance" clauses).

Chickasha Cotton Oil Co. v. Houston General Ins. Co., et al., 2002 Tex. App. LEXIS 5692, 2002 WL 1792467 (Tex. App. – Dallas) (2002) (pollution exclusion does not apply to coverage for personal injury, alleged misconduct by insurance companies gives rise to bad-faith and unfair settlement practice claims, the terms of missing policies may be proven by secondary evidence and mandatory insurance forms filed with state insurance departments or specimen policies from the insurance company).

For more, see "Experience" tab at https://www.andersonkill.com/People/Robert-M-Horkovich

Education

Awards