Robert W. Muilenburg

Partner

(973) 631-6011
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962

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

Robert Muilenburg is a Founding Partner of the firm and his practice concentrates in insurance coverage,  environmental, toxic tort and commercial litigation.

Mr. Muilenburg’s focus is on litigation in New York and New Jersey State and Federal courts. Although he seeks early resolution of disputes, Mr. Muilenburg also has trial experience.  He has acted as lead counsel in both jury and bench trials.  He has successfully argued before Appellate courts throughout the country.

 

Experience

Mr. Muilenburg has litigated and counseled clients on a wide range of insurance coverage issues, with an emphasis on coverage disputes arising out of general liability, environmental liability, asbestos exposure, construction defects, additional insured claims, professional liability and directors & officers. He has successfully argued insurance coverage cases before New York and New Jersey state and federal courts involving issues including priority of coverage, allocation, recoupment of defense costs, duty to cooperate and additional insured coverage.

Mr.Muilenburg represents a broad spectrum of commercial and industrial companies in environmental disputes focusing on environmental contamination and toxic tort litigation. He has defended numerous companies inCERCLA and Spill Act claims involving landfill contamination. He has litigated cost recovery claims byUSEPA,NJDEP,NYDEC and private parties in state and federal court. He has handled soil and groundwater contamination claims arising out of large industrial and chemical operations, as well as claims of leaking underground storage tanks from gasoline stations.  He has defended toxic tort claims alleging exposure to a variety of compounds including insecticides,MTBE, solvents, chromium, and lead. 

Mr. Muilenburg handles a broad spectrum of commercial litigation. He has represented the New Jersey Department of Transportation in litigation involving highway construction projects. He has been involved in numerous construction defect matters. He has litigated breach of contract actions and claims for property damage.

News

Publications and Presentations

Claims and Litigation Management Alliance, "Allocation and Coordination Between Various Coverages: Pollution, Commercial General Liability and Professional Liability"

"What Did He Know and When Did He Know It?", The Labyrinth of Prior Acts Coverage

Challenges of Navigating Additional Insured Coverage and Contractual Indemnity Claims

When Does an Insured Have a Right To Independent Counsel Under New York or New Jersey Law?

The D&O Insurance Implications of Avoidance Actions Filed in Relation to the Madoff Ponzi Scheme

Effects of Insolvency of the Policyholder or Primary Insurer

Use of “Chinese Wall” in Claim Handling – What to Do in Conflict Situations

Scope of liability under the New Jersey Spill Compensation and Control Act and Natural Resource Damages

 

Membership

Member, American Bar Association (Sections on Insurance and Environmental)

Member, Defense Research Institute

Member, Claims Litigation Management Alliance

Member, New York State Bar Association

Member, New Jersey State Bar Association

Member, Insurance Law Section, New Jersey State Bar Association

Member, Environmental Law Section, New Jersey State Bar Association