Robert Muilenburg is a Founding Partner of Coughlin Midlige & Garland LLP and a member of the Firm's Insurance and Reinsurance Services Group.

Mr. Muilenburg’ s practice concentrates in insurance coverage, environmental, construction and commercial litigation. Mr. Muilenburg focuses on litigation in New York and New Jersey State and Federal courts but also handles disputes throughout the country. Although he seeks early resolution of disputes, Mr. Muilenburg also has trial experience and has acted as lead counsel in both jury and bench trials. He has successfully argued before Appellate courts throughout the country.

AREAS OF REPRESENTATION

Insurance

• Litigates matters and counsels insurers on a wide range of insurance coverage issues, with an emphasis on disputes arising out of environmental, asbestos exposure, construction defects, professional liability, additional insured claims, directors & officers liability and general liability.
• Successfully argued insurance coverage cases before New York and New Jersey state and federal courts involving issues including priority of coverage, allocation, number of occurrences, recoupment of defense costs, duty to cooperate and additional insured coverage.
• Recently prevailed on number of occurrences issue in NFL concussion coverage litigation.
• Recently prevailed in an arbitration on summary judgment on the scope of professional services and the application of a safety exclusion.
• Recently prevailed before the New Jersey Appellate Division on enforcement of a percentage shareholder exclusion in a directors and officers policy.

Environmental

• Represents a broad spectrum of commercial and industrial companies in environmental disputes focusing on environmental contamination and toxic tort litigation.
• Defends companies in federal CERCLA, New York Navigation Law, and New Jersey Spill Act cost recovery claims involving soil and groundwater contamination arising out of industrial operations and leaking underground storage tanks. 

Commercial and Commercial

• Represents contractors in construction litigation.
• Represents contractors in personal injury litigation.
• Litigates and arbitrates breach of contract actions and claims for property damage.

Recent Seminars

• New York Law Bad Faith CLM presentation, Spring 2023
• New York Fair Claims Practices, Fall 2023

Speaking Engagements

Speaker, "Developments in Construction Defect Law,” Seminar on Emerging Issues in Insurance Coverage (May 10, 2018) 

Publications and Presentations

Claims and Litigation Management Alliance, "Allocation and Coordination Between Various Coverages: Pollution, Commercial General Liability and Professional Liability"

Scope of liability under the New Jersey Spill Compensation and Control Act and Natural Resource Damages

"What Did He Know and When Did He Know It?", The Labyrinth of Prior Acts Coverage

Challenges of Navigating Additional Insured Coverage and Contractual Indemnity Claims

When Does an Insured Have a Right To Independent Counsel Under New York or New Jersey Law?

The D&O Insurance Implications of Avoidance Actions Filed in Relation to the Madoff Ponzi Scheme

Effects of Insolvency of the Policyholder or Primary Insurer

Use of “Chinese Wall” in Claim Handling – What to Do in Conflict Situations

Awards and Honors

Selected for inclusion in Best Lawyers in America©(2021-2024). 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 (Sections on Insurance and Environmental)

Member, Defense Research Institute

Member, Claims Litigation Management Alliance

Member, New York State Bar Association

Member, New Jersey State Bar Association

Member, New Jersey State Bar Association (Insurance Law Section and Environmental Law Section)

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...

• August 29, 2022 12 Coughlin Midlige & Garland Attorneys Recognized in 2023 Edition of Best Lawyers in America
  August 29, 2022

  Coughlin Midlige & Garland LLP is pleased to announce that 12 of the Firm's attorneys have been selected by their peers for inclusion in the...

• 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...

• August 19, 2019 New Jersey Appellate Division Confers Additional Insured Status, Albeit Limited to that Portion of the Insured's Work
  August 19, 2019

  In Comcast of Garden State, LP v. The Hanover Ins. Co., Docket No. A-3425-17T4, an unpublished decision decided on July...

• June 7, 2019 Coughlin Midlige & Garland Prevails on Summary Judgment for Insurance Carrier in New York Supreme Court
  June 7, 2019

  On June 4, 2019, Partner Robert Muilenburg prevailed on a summary judgment in New York Supreme Court for an insurer...

• May 3, 2019 Coughlin Midlige & Garland Named as an Environmental Leader by CIANJ and COMMERCE Magazine
  May 3, 2019

  Coughlin Midlige & Garland LLP is honored to be selected as a finalist in the first annual Commerce and Industry Association...

• October 14, 2015 Mr. Robert Muilenburg spoke at the 2015 CLM Atlanta Conference-Environmental
  October 14, 2015

  Robert Muilenberg, Founding Partner with Coughlin Midlige & Garland LLP presented, “Allocation and Coordination Between Various Coverages: Pollution, Commercial General...