Gabriel E. Darwick

Partner

(212) 612-4999
88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005

Gabriel Darwick is a Partner in the Firm's Insurance and Reinsurance Services Group.

Gabe is a skilled, versatile litigator whose practice focuses on commercial disputes arising from various types of insurance policies. Most recently, Gabe prevailed on an appeal before the United States Court of Appeals for the Third Circuit after obtaining a damages award at trial comprising 98% of the damages sought. He also recently secured a finding of no coverage after a two-week bench trial for a claim made under an underground storage tank policy and a reversal before a New York state appellate court in a significant coverage dispute. 

The coverage issues Gabe addresses, before and in litigation, fall under an assortment of policies, including commercial general liability, environmental liability, lawyers and accountants professional liability, miscellaneous errors and omissions, excess and umbrella, and contaminated products and product recall policies. Because of his wide-ranging expertise, clients have sought his assistance for disputes nationwide, including in Washington, West Virginia, Connecticut, Pennsylvania, Delaware, New Jersey and Tennessee, as well as in international disputes in Switzerland and the United Kingdom.  

In addition to his coverage practice, Gabe has a broad commercial litigation practice, including employment-related disputes, professional liability defense, construction defect litigation, and corporate governance claims.

REPRESENTATIVE MATTERS

  • Represents insurer in Switzerland in dispute over errors and omissions coverage.
  • Represents insurer in reinsurance dispute arising out of COVID-19
  • Represents insurer in coverage litigation arising from NFL concussion claims
  • Regularly represents 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.
  • Represents 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.
  • 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.
  • 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.

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 Midlige & Garland 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 Midlige & Garland LLP’s Seminar on Emerging Issues in Insurance Coverage (May 10, 2018) 

Awards and Honors

New York Metro Super Lawyers Rising Stars (2013 - 2020) and Super Lawyers (2021),  (These lists are published by Super Lawyers.  Their selection methodology is available here.  No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)

Memberships

Member, Defense Research Institute (DRI)

News

Events