Steven Cantarutti is a Partner in the Firm’s Insurance and Reinsurance Services Group. 

Steve has over 20 years of experience representing a wide array of domestic and foreign insurers in federal and state courts across the country, whether at the trial or appellate court level. Steve has particular experience in litigating complex and high exposure claims brought under commercial general liability, excess and umbrella, cyber risk, employer’s liability, environmental impairment liability, errors or omission, mortgageholder’s impairment, and professional liability policies. In addition, Steve frequently represents reinsurers facing significant exposures, including claims tendered by captive insurers.   

Steve also provides counsel to insurers and reinsurers prior to litigation or for other legal services.  Such engagements include providing coverage opinions and positions, recommendations for the underwriting of policy forms, and enhancing claims handling practices. In addition, Steve provides training programs and seminars to clients on a variety of issues, and has been a speaker at continuing legal education classes, with a particular interest in the area of cyber liability risks and policies. 

Prior to joining Coughlin Midlige & Garland LLP, Steve was a litigation associate for the law firm of Hardin, Kundla, McKeon, Poletto & Polifroni, P.A., where he focused his practice on coverage disputes, insurance defense, and professional liability. In 2004, he joined the law firm of Smith Stratton Wise Heher & Brennan, LLP (now part of Dilworth Paxson LLP), where he worked on matters involving insurance and reinsurance coverage disputes, commercial litigation, civil litigation defense, and insurance fraud.

REPRESENTATIVE MATTER

• Represented national insurer in a New York state court action involving cyber-attack claims tendered by certain Sony companies under commercial general liability (“CGL”) policies, which resulted in a summary judgment in the client’s favor. This decision was the first of its kind by any court in the United States addressing whether CGL policies may be liable to cover cyber-attacks. See Coughlin Duffy Case Alert, “New York Trial Court Denies Sony’s Claims Against Primary CGL Insurers to Pay for Defense Costs Related to Cyber-Attack Litigation." 

• Reached favorable settlements for reinsurers facing significant exposures in matters, including claims involving numerous pediatric malpractice claims and sexual assault claims by a physician. The claims were tendered by captive insurers for the healthcare companies, which required a vigorous representation of the reinsurers before achieving resolutions.      

• Successfully represented professional liability insurer facing claims from a hotel management company arising from the theft of funds by its employees. The Pennsylvania Court of Common Pleas agreed with the insurer that a “criminal acts” exclusion applied to preclude coverage for the claim, which decision was affirmed by the Pennsylvania Superior Court. See Gemini Ins. Co. v. Meyer Jabara Hotels LLC, 231 A.3d 839 (Pa. Super. 2020). 

• Represented an employment practices liability insurer in an appeal before the New York Court of Appeals seeking a contribution claim against a co-insurer for defense costs under California law. The New York Court of Appeals overturned the Appellate Division’s, First Department, decision, which held that the client was solely responsible to cover the defense costs, and instead concluded that the defense costs must be equally shared by the client and co-insurer. See Illinois Union Ins. Co. v. Assurance Co. of Amer., 950 N.Y.S.2d 515 (N.Y. 2012). 

• Served as co-counsel at trial in defense of an umbrella insurer facing $30 million in environmental property damage claims under CGL policies (issued pre-1986), which resulted in a successful settlement after the first phase of trial. 

• Represented CGL insurers on the issue of availability of Environmental Impairment Liability (“EIL”) and Cost Cap insurance for a chemical industrial facility in New Jersey, which resulted in a favorable settlement after summary judgment motions were filed. 

• Obtained a favorable settlement for an EIL insurer facing multiple types of pollutions events during the construction of a healthcare facility in New York City. 

• Secured favorable decision for professional liability insurer from New York Appellate Division, First Department, where court held that the liability of attorneys and their law firm fell within exclusions for business-related activities. See Lee & Amtzis, LLP v. American Guar. & Liab. Ins. Co., 7 N.Y.S.3d 80 (1st Apr. 7, 2015).

• Co-chaired defense of two excess insurers in a month-long bench trial involving hundreds of millions of dollars in coverage claims arising from exposure to asbestos and silica. 

• Represented an insurer in an adversarial bankruptcy proceeding where the debtor, who provided engineering services for a nuclear power plant, faced numerous asbestos-related claims, which led to a favorable settlement.

Speaking Engagements

Speaker, "Developments in Construction Defect Law,” Coughlin Midlige & Garland LLP’s Seminar on Emerging Issues in Insurance Coverage (May 10, 2018) 

Speaker, “Cyber Insurance: An International Coverage Problem Waiting to Happen,” American Bar Association Roundtable (March 4, 2016)

Presenter, “Cyber Security Post-Sony: Risks, Responses, and Disclosures,” The Knowledge Group, LLC Live Webcast (December 8, 2015)

Speaker, “Professional Liability Exposures for Cyber Risks and Related Litigation,” Coughlin Midlige & Garland LLP’s Professional Liability Insurance Coverage Seminar (November 19, 2015)

Speaker, “It’s All Out There – Cyber Risk and the Evolving Insurance, Litigation and Risk Management Environmental,” New Jersey CPCU Society Chapter, Inc. (October 30, 2015)

Speaker, “I’ve Been Hacked! Do I Have Insurance? Cyber Liability & Insurance Issues,” New York City Bar Association (June 4, 2015)

Speaker, “Cyber Risks, Related Litigation and Insurance Issues,” New Jersey State Bar Association, Insurance, Business and Tax Sections (May 13, 2015)

Speaker, "Emerging Coverage Issues Related to Cyber Risks: An Examination of Coverage under ‘Traditional’ CGL and Other Policies,” New Jersey State Bar Association, Insurance Section (November 19, 2014)

Publications and Presentations

Co-Author, "The Evolution of Cyber Coverage Law: A Survey of Critical Decisions and the Market's Response," American Bar Association, Insurance Coverage Litigation Committee, Coverage Journal (November 21, 2016)

Memberships

New Jersey State Bar Association (Insurance Law Section)

American Bar Association (Litigation and Tort Trial/Insurance Practice Sections)

News

• 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 3, 2019 Third Circuit Reopens Window for Potential Coverage of Product Defect Claims Based Upon Definition of an “Occurrence”
  October 3, 2019

  On September 13, 2019, the U.S. Third Circuit (“Third Circuit”) partially overturned a decision from the U.S. District Court (“District...

• October 31, 2017 New Jersey Appellate Division Modifies Manifestation Analysis
  October 31, 2017

  On October 12, 2017, the New Jersey Appellate Division in Air Master & Cooling, Inc. v. Selective Ins. Co., et...

• November 22, 2016 The Evolution of Cyber Coverage Law: A Survey of Critical Decisions and the Market's Response
  November 22, 2016
• June 16, 2016 New York Federal Bankruptcy Court Declines To Follow Zeig And Instead Holds That The Underlying Limits Must Be Actually Paid Before Third- Party Excess Policies Are Triggered
  June 16, 2016

  On June 7, 2016, New York Federal Bankruptcy Judge Stuart M. Bernstein made a significant decision in an adversary proceeding,...

• April 15, 2016 Fourth Circuit Holds CGL Insurer Must Defend Policyholder For Information Posted On The Internet
  April 15, 2016

  On April 11, 2016, a partial panel of the Fourth Circuit Court of Appeals in Travelers Indemnity Co. of Amer....

• October 16, 2014 Under Attack—The Deluge of Cyber Attacks and Industry Response
  October 16, 2014

  As the headlines reveal on an almost daily basis, cyber attacks and other data breaches have significantly increased in the...

• March 3, 2014 New York Trial Court Denies Sony's Claims Against Primary CGL Insurers to Pay For Defense Costs Related to Cyber-Attack Litigation
  March 3, 2014

  On February 21, 2014, a New York trial court (Hon. Jeffrey K. Oing, J.S.C.) in Zurich Amer. Ins. Co. v....

• 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...

Events

• 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...

• December 8, 2015 Steven Cantarutti to speak on the live webcast, “Cybersecurity Post Sony: Risks, Responses and Disclosure ” on December 8, 2015 (3:00-5:00 p.m. EST)
  

  Steven Cantarutti to speak on the live webcast, “Cybersecurity Post Sony: Risks, Responses and Disclosure ” on December 8, 2015...