Adam Smith is a Partner 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 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 Midlige & Garland 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.

REPRESENTATIVE MATTERS

• 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. 

Speaking Engagements

Speaker, "'What Did They Know and When Did They Know It?' The Labyrinth of Issues Arising From Prior Acts and Knowledge Under Claims Made Policies," Coughlin Midlige & Garland LLP’s CLE Seminar on Emerging Issues in Insurance Coverage (October 22, 2019) 

Speaker, “Practical Pointers for Deposition Preparation & Testimony,” London, England (June 13, 2018)

Speaker, "When does a 'claim' 'relate back' under claims made policies?,” Coughlin Midlige & Garland 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:

"Bad Faith Claims Trend Threatens Insurer Attys, Panel Says," Law360 (April 26, 2018) 

Publications and Presentations

Author, "Types of Reinsurance Contracts," Thompson Reuters Reinsurance Professional’s Deskbook – A Practical Guide (2015)

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)

Co-Author, "Scope of Coverage," ABA's The Handbook on Additional Insureds (2012)

Co-Author, "Bad Faith Under a Commercial General Liability Policy," ABA's The Reference Handbook on the Comprehensive General Liability Policy (2010)

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)

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)

Awards and Honors

Selected for inclusion in Best Lawyers in America©(2024). Their selection methodology is available here.  No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)

Memberships

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

News

• August 17, 2023 CMG Attorneys Selected for Inclusion - Best Lawyers in America©
  August 17, 2023

  Coughlin Midlige & Garland LLP is pleased to announce that 16 of the Firm's attorneys have been selected by their peers for inclusion in the 2024...

• March 24, 2020 Insurance Implications Of COVID-19 Pandemic
  March 24, 2020

  The Covid-19 virus is affecting almost every business and every aspect of life. State governments across the United States are...

• 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...