Jonathan A. Messier

Associate

(973) 631-6077
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962

88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005

Jon counsels businesses on a range of legal issues, with a focus on risk transfer and insurance. He represents parties in connection with insurance claims, including class action, extra-contractual and consequential damages, appellate practice, retentions and deductibles, additional insured, negotiated settlements, and claim review and monitoring.  He also represents parties in connection with tort claims. 

Jon assists parties in negotiating risk transfer in their business contracts. He also reviews clients’ insurance portfolios to identify potential areas of concern and assists with the negotiation of manuscript policy terms.

During law school, Jon served as a managing editor of the Villanova Law Review.

Experience

Represented the insurers of a cable television purchasing cooperative in the United States District Court for the District of Kansas in connection with allegations of anti-competitive conduct in violation of the Cable Television Consumer Protection & Competition Act of 1992. 

Represented the insurer of an educational software company in connection with allegations of breach of contract, breach of terms of service, and disparagement. 

Represented the media/advertising insurer of a national equipment manufacturer in the United States District Court for the District of New Jersey and Wisconsin state court in connection with alleged violations of the Telephone Consumer Protection Act. 

Represented a surplus lines insurer against allegations of bad faith in connection with a construction defect dispute. 

Represented the insurer of an equipment manufacturer in connection with defense and indemnity coverage for concussion-related lawsuits filed by professional athletes with respect to product liability coverage.

Represented an insurer in connection with “bad faith” complaint filed before a state insurance regulatory agency.

Represented the insurer of a professional sporting league in connection with California workers’ compensation claims filed by professional athletes. 

Represented a film production company in connection with non-disclosure agreements, vendor and vendor agreements, and licensing. 

Represented a public company in connection with the reporting of long-tail environmental liabilities on shareholder disclosures and in preparing a tender to the company’s insurers. 

Represented a major petroleum refiner in connection with the pursuit of insurance coverage, as an additional insured, for the company’s personal injury liability exposure in connection with a refinery explosion. 

Represented a reinsurer in connection with monitoring a products liability action arising out of alleged defects in the installation of photovoltaic panels on a roofing assembly.

Represented an insurer in connection with monitoring federal securities actions and governmental investigations arising out of alleged automobile auxiliary emissions control devices, sales figures, and compliance with safety regulations.

Represented the insurer of a hotel chain in Missouri state court for bad faith failure to defend and settle in connection with alleged violations of the Telephone Consumer Protection Act. 

Represented an insurer in connection with an insured’s bankruptcy proceeding. 

Represented insurers in connection with additional insured disputes in the New York City metropolitan area.

Representative Decisions:

Lexington Insurance Company v. Steadfast Insurance Company, No. 650574/2015 (Sup. Ct. June 19, 2017) (holding that an insured had an obligation to pay its deductible). 

Chenault v. Victory Highlands Condo. Ass’n, No. A-3626-14T4 (N.J. Super. App. Div. Nov. 21, 2016) (per curiam) (holding, in an interlocutory appeal, that the common law prohibition on direct actions against insurers applies without exception to a claim seeking declaratory relief).

JP Morgan Chase Bank, N.A. v. Zurich Am. Ins. Co., No. 158154/2014, (Sup. Ct. N.Y. Cnty. N.Y. Oct. 14, 2015) (granting summary judgment in favor of the insurer on the basis of a “written contract” additional insured clause requirement).

Research Foundation CUNY v. First Mercury Ins. Co., No. 152287/2013, 2014 N.Y. Misc. LEXIS 4404, 2014 NY Slip Op 32581(U) (Sup. Ct. N.Y. Cnty. N.Y. Oct. 7, 2014) (granting summary judgment in favor of the insurer on the basis of a “written contract” additional insured clause requirement).

Harco Constr., LLC v. First Mercury Ins. Co., No. 16011/2013 (Sup. Ct. N.Y. Cnty. Queens (Sept. 22, 2014) (granting summary judgment to the insurer on the basis of a work-height insurance policy exclusion).

Tudor Ins. Co. v. First Advantage Litig. Consulting, LLC, No. 11-cv-3567-KBF, 2012 WL 3834721(S.D.N.Y. Aug. 21, 2012) (Forrest, J.) (granting summary judgment in favor of the insurer on choice of law and breach of conditions precedent), aff’d sub nom. by First Advantage Litig. Consulting, LLC v. Am. Int’l Specialty Lines Ins. Co., 525 F. App’x 60 (2d Cir. 2013).

Nat’l Cas. Co. v. Am. Safety Cas. Ins. Co., 812 F. Supp. 2d 505, 506 (S.D.N.Y. 2011) (Rakoff, J.) (denying a motion to set aside a default declaratory judgment entered in favor of the insurer), appeal withdrawn, No. 11-3852 (2d Cir. Feb. 8, 2013).

Koulizakis v. Schottsy Enter., LLC, No. BER-L-194112, 2013 WL 1155167 (Super. Ct. N.J. Jan. 11, 2013) (granting summary judgment in favor of the defendant under the terms of a liability waiver). 

Seabra v. First Gate Development, LLC, No. UNN-L-1199-12 (Super. Ct. N.J. Dec. 9, 2013) (granting summary judgment in favor of the insurer on an additional insured claim). 

Nat'l Fire Ins. Co. of Hartford v. Nat'l Cable TV Coop., Inc., No. 10-cv- 2532-CM, 2011 WL 1430331(D. Kan. Apr. 14, 2011) (denying the insured’s motion to dismiss for lack of personal jurisdiction). 

News

Publications and Presentations

"Is IMO Predictive of New Jersey Law on Below-Limits Settlements?"  This article discusses the potential impact of the Supreme Court of New Jersey decision in IMO Industries, Inc. v. Transamerica Corporation with respect to below-limits settlements. This article was originally published in the November 2015 issue of the Insurance Law Section Newsletter, a publication of the New Jersey State Bar Association, and is reprinted here with permission.

“As Goes New York, So Goes . . . : Why New York Has Emerged as the Newest New Battleground for National Coverage Disputes,” DRI Insurance Coverage & Practice Symposium, December 4, 2014, Co-author with Kevin T. Coughlin and Steven D. Cantarutti 

 

Awards and Honors

During law school, Jon received the Dr. Arthur C. Pulling Award for his contributions to the law review, which led to the creation of an online companion, Tolle Lege.

Membership

Member, District XB Ethics Committee

Membership Chair, Insurance Law Section, New Jersey State Bar Association

Member, Morris County Chamber of Commerce

Member, American Bar Association