Gabriel E. Darwick
Of Counselgdarwick@coughlinduffy.com 88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
Direct (212) 612-4999
Fax (212) 480-3899
Wall Street Plaza
New York, NY 10005
Gabriel Darwick is Of Counsel to the Firm.
Gabe concentrates his practice in the areas of insurance and reinsurance coverage litigation. His broad coverage practice encompasses claims made under commercial general liability, commercial auto liability, excess and umbrella, lawyers and accountants professional liability, D&O, miscellaneous errors and omissions, EPL, and environmental liability policies. Gabe regularly represents insurers in additional insured and environmental coverage litigation in New York and has represented insurers in state and federal courts nationwide concerning coverage for pollution, toxic torts and product liability under general liability policies. In addition, Gabe has counseled clients on issues under EPL, D&O and professional liability policies. Gabe’s vigorous representation of his clients has produced favorable results at every step of the process, including pre-suit resolutions, through trial and on appeal.
- Member of team representing insurer that issued primary and excess policies to multi-national pharmaceutical companies, distributors and pharmacies in all facets for claims arising from opioid crisis in United States.
Environmental and Long Tail Coverage Litigation
- Secured a finding of no coverage after a two-week bench trial concerning the applicability of the retroactive date in an underground storage tank policy to a petroleum discharge.
- Represented excess insurer in long-tail claim alleging exposure to carbon black in West Virginia, resulting in favorable settlement.
- Represent insurers in coverage litigation arising from NFL concussion claims.
Additional Insured Litigation
- Regularly represent insurers pursuing additional insured coverage or defending against claims by putative additional insureds. Has secured millions of dollars in recoveries on behalf of insurer-clients from recalcitrant insurers.
- Assisted insurer in devising a program for the efficient handling and maximization of recovery in additional insured coverage disputes.
General Liability Litigation
- Represent insurers in state and federal courts nationwide in claims arising under general liability insurance policies, including, but not limited to, product recall and product liability claims, claims arising from Legionella outbreaks, and construction defect claims.
Professional Liability Counseling and Coverage Litigation
- Act as monitoring and coverage counsel for legal and accounting malpractice claims made under large lawyers and account professional liability policies
- Litigated coverage disputes arising from claims made on lawyers professional liability and miscellaneous errors and omissions policies, including, but not limited to, securing reversal of judgment against lawyers professional liability insurer.
- Benjamin N. Cardozo School of Law (J.D. 2009)
- University of Maryland, College Park (B.A. 2005)
- United States District Court for the Eastern District of New York (2013)
- United States District Court for the Southern District of New York (2010)
- State of New York (2010)
- June 6, 2017 New York Court of Appeals Narrowly Construes “Caused By” Language In Additional Insured Endorsement
June 6, 2017
In a highly anticipated decision, the New York Court of Appeals has held that the phrase “liability for ‘bodily injury’…...
- April 27, 2017 New York Court of Appeals Hears Argument Regarding “Caused By” Language
April 27, 2017
On April 26, 2017, the New York Court of Appeals heard oral argument in the Burlington Insurance Co. v. New...
- July 29, 2016 Does “Caused By” Mean “Arising Out Of”? New York Court of Appeals Likely to Decide
July 29, 2016
The Appellate Division, First Department of New York has repeatedly held that the phrase “caused by,” as used in an...
- February 17, 2016 Prejudice Not Required For New Jersey Late Notice Defense Under Claims-Made Policies
February 17, 2016
On February 11, 2016, the New Jersey Supreme Court held that an insurer is not obligated to establish prejudice when...
- May 13, 2015 New York Courts Continue To Erode Attorney-Client Privilege
May 13, 2015
Following on the heels of the First Department’s decision last Summer in National Union Fire Ins. Co. v. TransCanada Energy,...
- May 10, 2018 Emerging Issues in Insurance Coverage Seminar
Please join Coughlin Duffy at the Hyatt Regency in Jersey City, New Jersey as we host our seminar entitled, "Emerging...
Speaker, "The Strategic Use of Reservation of Rights Letters and an Insurer’s Duty to Defend Covered and Non-Covered Claims,” Coughlin Duffy LLP’s Seminar on Long Tail Allocation and the Strategic Use of Reservation of Rights Letters (May 31, 2018)
Speaker, "Additional insured coverage – life after Burlington,” Coughlin Duffy LLP’s Seminar on Emerging Issues in Insurance Coverage (May 10, 2018)
Awards and Honors
New York Metro Super Lawyers Rising Stars (2013 - 2018)
Member, American Bar Association