Eric B. Stern concentrates his practice in all aspects of insurance coverage litigation. For more than 10 years, Mr. Stern has focused on the insurance coverage practice area. He has analyzed, written on, and litigated over various types of policies including D&O liability, professional liability, commercial general liability, uninsured/underinsured motorist, homeowners’ liability, and first party policies.
Mr. Stern has successfully defended insurers in multiple matters and has reported decisions at the trial level, 1329 Realty LLC v United States Liab. Ins. Group, 2006 U.S. Dist. LEXIS 80673 (E.D.N.Y. Nov. 3. 2006) and appellate level, Tietjem v. Yu Chuan Cha, 23, A.D. 3d 545, 806 N.Y.S. 2d 600 (N.Y. App. Div. 2d Dep’t 2005).
Due to Mr. Stern’s experience in this area, he has become a frequent presenter on multiple topics including New York Insurance Law 3420 (d) and the tripartite relationships.
- New York
- U.S. District Court
- Eastern District of New York
- Southern District of New York
- Benjamin N. Cardozo School of Law, Yeshiva University – J.D.
- State University of New York, Albany – B.A.
- with honors
- Moot Court Honor Society
- 1329 Realty LLC. v. U.S. Liability, (2006 U.S. Dist. LEXIS 80673) (E.D.N.Y. Nov. 3.2006) – Coverage disclaimer for late notice upheld despite insured’s argument that it was not served with the summons and complaint in the underlying bodily injury lawsuit. This decision is cited in multiple insurance practice guides.
- Tietjem v. Yu Chuan Cha, 23 A.D. 3d 545, 806 N.Y.S. 2d 600 (N.Y. App. Div. 2d Dep’t 2005) – Cancellation of an insurance policy was upheld due to showing of proper cancellation by the insurance company as a matter of law. This decision is cited by NY Courtroom Evidence Manual.
Training and Certifications
- Certified Mediator under Part 146 of the New York State Court System
- Examining Coverage for Cyber Risks Under Property and Liability Policies, New York Law Journal
- New York declares no additional insured coverage unless the insured proximately caused the injury/damage, NYREJ
- Investigating Coverage, Best’s Review
- New York Court of Appeals Holds that “All Sums” Method Applies to Allocation of Loss Over Multiple Policy Years
- Using Classification Limits To Deny Coverage In NY, Law360, by Michael Zigelman & Eric Stern
- NY’s First Department Holds for the First Time that Policy Classifications are not Exclusions and Cannot be Waived Under New York Insurance Law
- KDV Insurance Law Alert: To Disclaim Coverage, or Not to Disclaim Coverage, That is the Question
- KDV Alert: New York’s Highest Court Knocks Out Four Late-Disclaimer Rulings With One Decision
- KDV Alert: Insurer Disclaimer Upheld Under New York’s New Notice-Prejudice Law
- Popcorn Lung Claims Could Be Explosive, Law360
- KDV Alert: Adding Insurance Coverage Flavor to the Recent Consumer-Popcorn Verdict
- KDV Alert: California Supreme Court Upholds the “Uber-Policy” for Long-Tail Insurance Claims
- KDV Alert: New York’s First Department Holds That Standards Used In Additional Insured Endorsements Are Not Materially Different