Adam M. Smith
Partnerasmith@coughlinduffy.com 88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
Direct (212) 612-4995
Fax (212) 480-3899
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962
Direct (973) 631-6050
Fax (973) 267-6442
Wall Street Plaza
New York, NY 10005
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962
Adam Smith is a Partner and Co-Practice Group Leader in the Firm's Insurance and Reinsurance Services Group.
Mr. Smith concentrates his practice in the areas of insurance and reinsurance coverage litigation, litigating complex insurance coverage disputes on behalf of insurers and reinsurers in jurisdictions across the nation at the trial and appellate level. He has litigated matters and counseled clients with respect to a wide variety of claims concerning comprehensive general liability, professional liability, directors and officers, employment practices liability, errors and omissions, medical stop loss, speciality lines and first party property insurance policies.
Adam has represented numerous clients regarding professional liability claims, including issues such as related to the application of “business risk” exclusions, coverage for prior acts and rescission. In addition, Adam has provided representation to his clients for general liability policies involving asbestos pollution, toxic torts and construction exposures. Adam also has extensive experience representing insurers in bankruptcy court, both defending claims against insurance policies and prosecuting claims against bankrupt estates.
Adam has utilized his extensive insurance experience to identify early opportunities for favorable settlements for his clients. When early settlement is not preferred or possible, Adam has litigated coverage disputes on behalf of his clients against some of the largest Fortune 500 companies in the manufacturing, financial institution and chemical industries. Adam also has experience with commercial disputes. His clients have relied upon his expertise to resolve construction, employment and partnership dissolution disputes.
Prior to joining Coughlin Duffy in March 2005, Adam was a Partner at a well-established international law firm where he concentrated his practice in the areas of insurance coverage litigation, product liability and professional malpractice.
Adam is a frequent speaker at events organized by the American Bar Association, the CPCU Society and other organizations.
- Representation of insurer in multi-national litigation in U.S. and Europe seeking coverage for intellectual property claims and damages for bad faith.
- Counsel to insurer for employment and director and officer liability exposures arising out of alleged immigration violations by policyholders.
- Represented an insurer in a complex bankruptcy proceeding to recover a multi-million dollar claim from the Debtor while defending ancillary claims against the insurers’ policies.
- Counseling clients and litigating matters related to insurance coverage for mass tort, lawyers professional liability, construction and financial institution claims.
- Litigated declaratory judgment action concerning lawyers professional liability policies.
- Litigated numerous matters related to insurance coverage for asbestos bodily injury claims, including in the bankruptcy context.
- Counseled and litigated on behalf of insurers concerning medical stop-loss coverage disputes.
- Represented insurers and their insureds with regard to risk transfer issues arising out of large construction projects.
- Fordham University School of Law, (J.D. 1994)
- University of Massachusetts, Amherst, (B.A. 1990)
- Supreme Court of the United States (2001)
- United States Court of Appeals for the Third Circuit (1997)
- United States Court of Appeals, District of Columbia (2015)
- United States District Court for the District of New Jersey (1994)
- United States District Court for the Eastern District of New York (2010)
- United States District Court for the Southern District of New York (2010)
- State of New Jersey (1994)
- State of New York (1995)
Adam Smith's Attorney Spotlight
- October 18, 2018 New Jersey District Court Denies Coverage Based on Prior Known Acts Exclusion
October 18, 2018
The United States District Court for the District of New Jersey recently held that an insurer had no duty to...
- May 3, 2018 New Jersey Appellate Division Upholds No Coverage Determination Based Upon Material Misrepresentation
May 3, 2018
On May 1, 2018, the Appellate Division of the Superior Court of New Jersey upheld a disclaimer of coverage under...
- June 23, 2017 First Department Holds That Additional Insured Is Not Subject to Self-Insured Retention
June 23, 2017
On June 13, 2017, New York’s Appellate Division, First Department, issued its much awaited opinion in Arch Insurance Company v....
- 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...
- May 4, 2016 New York High Court Holds That All Sums Allocation Method And Vertical Exhaustion Applies
May 4, 2016
On May 3, 2016, New York’s highest court in In the Matter of Viking Pump Inc., and Warren Pumps, LLC,...
- 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,...
- January 24, 2014 Southern District of New York Permits Excess Insurer's Bad Faith Claim To Proceed to Trial
January 24, 2014
Under New York law, a primary insurer owes a duty of good faith to its excess insurer, specifically when deciding...
- January 24, 2012 New York Appellate Division Construes the “Caused By” Language In an Additional Insured Provision Broadly
January 24, 2012
On January 19, 2012, the New York Appellate Division, First Department, in W & W Glass Sys., Inc. v. Admiral...
- February 28, 2011 New York Court of Appeals Addresses Annualization of Limits and “Stub” Policies
February 28, 2011
On February 22, 2011, New York’s highest state appellate court addressed the annualization of aggregate limits to a multi-year liability...
- April 8, 2010 New Jersey Appellate Division Upholds $30.3 Million Verdict In Mesothelioma Asbestos-Exposure Case
April 8, 2010
On April 5, 2010, the New Jersey Appellate Division upheld the state’s largest mesothelioma asbestos-exposure award in the case of...
- 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...
- April 26, 2018 Adam M. Smith to speak at the ABA's National Legal Malpractice Conference
On Thursday, April 26, 2018, Partner Adam Smith will be speaking at the National Legal Malpractice Conference hosted by the ABA Standing Committee...
Speaker, “Practical Pointers for Deposition Preparation & Testimony,” London, England (June 13, 2018)
Speaker, "When does a 'claim' 'relate back' under claims made policies?” Coughlin Duffy LLP’s Seminar on Emerging Issues in Insurance Coverage (May 10, 2018)
Speaker, "Catastrophic Verdicts: Malpractice Trends Arising out of Low Limit/High Exposure Cases," ABA's National Legal Malpractice Conference (April 26, 2018)
Co-Presenter, "Technology and its Hidden Exposures," presented at CPCU Society I-Day (October 20, 2006)
In the Media:
Law360, "Bad Faith Claims Trend Threatens Insurer Attys, Panel Says" (April 26, 2018)
Publications and Presentations
Author, "Types of Reinsurance Contracts," Thompson Reuters Reinsurance Professional’s Deskbook – A Practical Guide (2015)
Author and Presenter, "New Technologies and the Perils They Create," published and presented at ABA's Insurance Coverage Litigation CLE Seminar (March 2-4, 2006)
Author, "The Unexpected Excess Verdict: Insurance Obligations Related to the Posting and/or Payment of Premium of an Appeal Bond," published and presented at ABA's TIPS Insurance Coverage Litigation Committee 2008 Mid-Year Meeting (February 2008)
Co-Author, "Bad Faith Under a Commercial General Liability Policy," ABA's The Reference Handbook on the Comprehensive General Liability Policy (2010)
Co-Author, "Scope of Coverage," ABA's The Handbook on Additional Insureds (2012)
Author, "Additional Insured Issues in the Construction Industry," published and presented at the New Jersey Construction Conference – Insurance Coverage Delays and Disuptes (September 16, 2014)
Member, American Bar Association
Member, Defense Research Institute
Member, New York State Bar Association
Member, New Jersey State Bar Association
Member, New Providence Board of Education (1999 - present); President, New Providence Board of Education (2001-2005)
Member, Professional Liability Underwriting Society
- Knowing The Applicable Law Is Critical
Coughlin Duffy’s client was a medical stop-loss insurer who reinsured a self-insured health benefit plan. One of its policyholders, a...
- When The Call To The Bullpen Came, Coughlin Duffy Was Able To Close The Deal
Our insurance company client was mired in a decade long litigation in a multi-site, multi-million dollar lawsuit seeking coverage for...