Gabriel E. Darwick
Partnergdarwick@cmg.law 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 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.
- 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.
- Benjamin N. Cardozo School of Law (J.D., 2009)
- University of Maryland, College Park (B.A., 2005)
- United States Court of Appeals for the Third Circuit (2020)
- 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)
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.)
Member, Defense Research Institute (DRI)
- September 28, 2021 Fools Rush In
September 28, 2021
When litigating insurance coverage issues, insurers are at risk of winning a battle but losing a war. That is, an insurer...
- April 28, 2021 3rd Circuit Backs Insurer in $667K Building Collapse Fee Battle
April 28, 2021
Law360 (April 27, 2021, 8:36 PM EDT) -- The Third Circuit sided with Berkley Assurance Co. on Tuesday in its...
- 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 Midlige & Garland at the Hyatt Regency in Jersey City, New Jersey as we host our seminar...