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 in the Firm's Insurance and Reinsurance Services Group.
Gabe focuses 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, product recall, accidental contamination, and environmental liability policies. Although Gabe has a particular expertise pursuing and defending coverage disputes in New York relating to additional insured, professional liability, and environmental litigation, clients have sought his assistance for disputes nationwide, including in Washington, West Virginia, Connecticut, Pennsylvania, New Jersey and Tennessee.
In addition to his expansive coverage work, Gabe handles a variety of commercial litigation and corporate matters, including employment disputes, professional liability defense, construction defect litigation, and contract negotiation and drafting. Through his vigorous representation, Gabe has achieved positive results for his clients at every step of the dispute resolution process, including pre-suit, 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.
- 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.
- 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.
- Obtained favorable settlement for insurer in product recall claim relating to alleged contamination of food product.
- 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.
- 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, food-borne illnesses, and construction defect claims.
- 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)
Gabe Darwick's Attorney Spotlight
Publications and Presentations
Presenter, “More Money, More Problems: Claim and Coverage Issues Unique to High SIR Policies.” Claims and Litigation Management Alliance (January 29, 2020)
Author, “Coverage B Conundrum: Do the Facts Alleged or the Elements of Liability Control Court’s Duty to Defend Analysis?” DRI For the Defense (May 2019)
Presenter, "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)
Presenter, "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 - 2019)
Member, Defense Research Institute (DRI)
- January 2, 2020 The Mistaken “Necessary Party” Priority of Coverage Defense
January 2, 2020
A troubling trend has begun to develop in the New York additional insured coverage litigation arena on the issue of...
- May 9, 2019 Coverage B Conundrum: Do the Facts Alleged or the Elements of Liability Control Courts’ Duty to Defend Analysis?
May 9, 2019
It is well-settled that, in Wisconsin, an insurer’s duty to defend arises whenever the factual allegations in the complaint raise...
- 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,...
- January 21, 2020 Gabe Darwick, Co-Presenter for Claims and Litigation Management Alliance
Please join Gabe Darwick on January 29, 2020 at 12:00 p.m. EST as he co-presents a webinar for Claims and...
- 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...