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

Gabe is a versatile civil litigator. His broad commercial litigation practice includes representing domestic and international insurers in complex insurance coverage disputes and corporations and individuals in real estate, contract, estate, environmental, corporate governance and professional liability matters. An experienced trial and appellate attorney, Gabe has first-chaired high exposure matters in state and federal courts and has prevailed in appeals in New York’s Appellate Divisions and before the United States Court of Appeals for the Third Circuit. Clients routinely seek his advice and representation in coverage matters arising from commercial general liability, excess and umbrella, environmental, cyber, product recall and accidental contamination, and professional liability policies.

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
• Represents insurers in connection with mass tort claims arising from heavy metals in baby food, chemicals in hair products, and exposure to benzene
• Secured favorable settlement for client accused of breach of fiduciary duty and other misfeasance in corporate governance dispute.
• Secured favorable settlement for client in employment dispute over breach of non-solicitation and confidentiality provisions in an employment agreement.
• Obtained a defense verdict for client in environmental dispute
• Obtained a defense verdict for client in a bench trial over the application of a retroactive date to a petroleum discharge
• Obtained a plaintiff verdict for a client in a breach of contract action, obtaining a seven-figure recovery
• Obtained a favorable settlement during trial in a dispute between a cooperative board of directors and residents   

Publications and Presentations

Presenter, “Primary Challenges: Protecting Against and Pursuing Improper Erosion Challenges,” 2022 CLM Focus December Conference (December 1, 2022)  

Author, “Primary Challenges, CLM Magazine (June 2022)  

Co-Author, “Fools Rush In,” CLM Magazine (September 2021) 

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, 2023) 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

• June 1, 2023 CMG Client Prevails in Mold Coverage Trial
  June 1, 2023

  After years of litigation and a week-long bench trial in Essex County Superior Court, Coughlin Midlige & Garland LLP (“CMG”)...

• April 13, 2022 Coughlin Midlige & Garland Attorneys Selected to 2022 Super Lawyers and Rising Stars Lists
  April 13, 2022

  Coughlin Midlige & Garland LLP congratulates nine of our attorneys who have been selected to the 2022 Super Lawyers and...

• 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,...

Events

• 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...