Anthony Bartell Partner

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Anthony Bartell

Partner

PRACTICE Insurance Coverage Class Action/Multidistrict Litigation EDUCATION J.D., Harvard Law School, magna cum laude, 1986

B.A., Rutgers University, with highest honors, Phi Beta Kappa, 1983 Law Clerk to Hon. Alan B. Handler, Supreme Court of New Jersey

COURT ADMISSIONS U.S. District Court, District of New Jersey U.S. Court of Appeals, Third Circuit MEMBERSHIPS & AFFILIATIONS T: 973.639.2062 F: 973.297.3846 [email protected]

Four Gateway Center 100 Mulberry St. Newark, NJ 07102

Anthony Bartell focuses on complex insurance coverage disputes and insurance regulatory matters. For

more than 25 years, Anthony has helped policyholders – generally major corporations – secure

hundreds of millions of insurance dollars. In the process, Anthony has made law in a number of cases,

including Owens-Illinois, Inc. v. United Insurance Co., 138 N.J. 437, 650 A.2d 974 (1994), which

established New Jersey’s trigger of coverage and allocation principles, and United States Mineral Prods.

Co. v. American Ins. Co., 792 A.2d 500 (N.J. Super. Ct. App. Div. 2002), which held "stub policies"

provide policyholders with full additional occurrence and aggregate liability limits.

Anthony represents policyholders on issues arising from every type of first-party and third-party

insurance, including general liability insurance, directors & officers insurance, employment practices

liability insurance, errors & omissions insurance, workers compensation/retrospective premium

insurance, property insurance and business interruption insurance. He also handles disputes involving

insurance producers. Anthony recognizes that litigation represents the last, and often least attractive,

option for policyholders seeking the coverage for which they paid substantial premiums. He, therefore,

regularly counsels policyholders purchasing coverage and reviews prospective insurance policies to

determine whether they meet the policyholder’s needs.

When a coverage dispute arises, Anthony uses his longstanding relationships with insurer counsel to

resolve the parties’ differences to the policyholder’s satisfaction. If the parties cannot resolve their

disputes amicably, then Anthony vigorously litigates or arbitrates the policyholder’s claims to an

equitable conclusion. He appears regularly before arbitration panels and state and federal courts

throughout New Jersey and in other states. Anthony also argues insurance appeals before appellate

courts nationwide, including the Third Circuit Court of Appeals and the New Jersey Supreme Court, and

appears before the Insurance Departments of New Jersey and other states.

Anthony’s diverse engagements include:

●

Representing an industrial holding company and its senior executive in a directors and officers

insurance dispute arising from the alleged fraudulent conveyance of nearly $1 billion of a subsidiary’s

stock.

●

On behalf of a leading global supplier of plastics and petrochemicals, supervising an asbestos

coverage suit against multiple carriers, venued in New Jersey state court; the matter involved issues

relating to the application of the "Assured" definition, the scope of coverage for additional Assureds,

notice issues and burden of proof.

●

Representing a major chemical company in the successful resolution – after a one-week trial – of a

coverage action for past and future remediation costs for over 140 environmental sites throughout the

U.S.

●

Litigating a product liability insurance coverage matter for a prominent maker of petrochemicals; the

action sought recovery for amounts paid in connection with claims by community water districts that

their water systems were contaminated by the company.

BAR ADMISSIONS New Jersey

American Bar Association Co-Chair, Excess & Umbrella Subcommittee, ABA’s ICLC New Jersey State Bar Association

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●

Advising a manufacturing company in relation to employment practices, liability coverage and a

potential bad faith claim against its insurer for the underlying compensatory and punitive damage

verdict in a wrongful termination action.

Anthony was among the individual winners at the Lawyers Monthly Legal Awards (2012) in the Insurance

category and is perennially recognized as a New Jersey Super Lawyer (2008-2016). Super Lawyers is

published by Thomson Reuters.

Click here

for their methodology. No aspect of this advertisement has

been approved by the Supreme Court of New Jersey.

RECOGNITIONS

NEWS

SPEAKING

Newark Insurance Coverage Group a Finalist in Litigation Department of the Year Competition

12/14/15 Anthony Bartell mentioned in “Benecard Seeks Coverage For $75M Medicare Plan Suit," which appeared in Law360

05/21/15 McCarter Litigation Group profiled by the New Jersey Law Journal - Finalists for General Litigation Department of the Year

04/07/14 Newark Insurance Coverage Group a Finalist in Litigation Department of the Year Competition

03/17/14 Anthony Bartell quoted “N.J. Federal Judges Work on Plan For Sandy Flood Insurance Claims,” which appeared in New Jersey Law Journal

02/28/14 Anthony Bartell mentioned in Law360 “NY Car Dealership Seeks Return of $2M Sandy Deductible”

01/18/14 Anthony Bartell quoted in "Sandy suit: Judge backs car dealer," which appeared in Newsday

01/17/14 Anthony Bartell quoted in Law360, "NYC Dealership Wins Sandy Business Interruption Coverage"

11/15/13 Anthony Bartell quoted in “Car Dealer Disputes Post-Sandy Insurance Payouts,” which appeared in Newsday

08/22/12 McCarter & English and Anthony Bartell winners of Lawyer Monthly's Legal Awards for 2012

03/22/10 37 McCarter Attorneys Recognized As New Jersey Super Lawyers for 2010

03/31/09 43 McCarter Attorneys Recognized As New Jersey Super Lawyers for 2009

06/20/16 Update on Implementation of the Food Safety Modernization Act Steven H. Weisman and Anthony Bartell

Food Marketing Institute's (FMI) 2016 Legal Conference

05/20/14 Appointment of Counsel and Potential Ethical Issues That May Arise: Navigating the Murky Waters Anthony Bartell

Perrin Conference

01/31/14 Hell Freezes Over: Is There Coverage? Hot Topics in Property & Business Interruption Insurance for Polar Vortex Losses

Sherilyn Pastor and Anthony Bartell McCarter & English Webinar Series

11/19/13 Litigation Business Management: Controlling Legal Costs and Maximizing Efficiency Anthony Bartell

ALM Conference

11/28/12 Getting the Most Out of Your Insurance Policies Anthony Bartell

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EVENTS

PUBLICATIONS

Controlling Legal Costs, The University Club, New York NY

01/01/04 Stub Policies and the Annualization of Multi-Year Policies: The Lowdown on Liability Limits Anthony Bartell

Mealey's Second Annual Advanced Insurance Coverage Conference

01/01/02 D&O Coverage Litigation and Bankruptcy: Help - I'm Not a Bankruptcy Lawyer! Anthony Bartell

Mealey's Changing Face of D&O and E&O Conference

02/24/98 Y2K Insurance Issues Anthony Bartell

Northern New Jersey Y2K Users Group

01/31/14 Hell Freezes Over: Is there Coverage? Hot Topics in Property and Business Interruption Insurance for Polar Vortex Losses Webinar - 1.31.14

11/19/13 Leveraging Your Insurance to Minimize Litigation Costs

09/12/11 Hurricane Irene Webinar: Tips and Strategies for Submitting Claims & Maximizing Insurance Coverage for Property Damage, Business Interruption, and Pre-Storm Preventive Measures

05/16/16 New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies M&E Insurance Coverage Alert

05/11/16 Product Recalls and Insurance: Considerations to Maximize Covered Expenses M&E Insurance Coverage Alert

04/13/16 Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy

M&E Cybersecurity & Data Privacy Alert

02/16/16 Policyholders Beware: Failure to Give Timely Notice, as Soon as Practicable During a Claims-Made Policy's Effective Dates or Discovery Period, May Void Coverage Even When an Insurer Is Not Prejudiced Anthony Bartell, Adam Budesheim, Joseph J. Cherico, Louis A. Chiafullo, J. Wylie Donald, Ira M. Gottlieb, Gregory H. Horowitz, Nicholas M. Insua, Daniel J. Kelly, Thomas W. Ladd, Joann M. Lytle, Brian J. Osias, Sherilyn Pastor, Gita F. Rothschild and Steven H. Weisman

M&E Insurance Coverage Alert

11/09/15 Court Extends Kemper Insurance Company’s Contingent Claims Filing Deadline M&E Insurance Coverage Alert

11/04/15 Food and beverage industry target of new supply chain composition and disclosure suits. Are you covered?

10/21/15 Food Recall Events: The Importance of Evaluating Your Insurance Coverage Before a Voluntary and Mandatory Food Recall - M&E Insurance Coverage Alert

10/07/15 Kemper Insurance Company Contingent Claims Filing Deadline Is Fast Approaching: What You Need To Know - M&E Insurance Coverage Alert

01/26/15 Preparing for and Recovering from Winter Storm Juno - Insurance Coverage Alert M&E Insurance Coverage Alert

01/27/14 Not All Policies Are Created Equal: Evergreen State Appeals Court Blocks Policyholder Reach to Excess Insurance After Settlement With Primary Insurer

01/27/14 Coverage for Investigations and Conflicting Endorsements: Syracuse University Decision is Great for Policyholders

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02/28/13 New York and New Jersey Announce Mediation Program for Superstorm Sandy Related Insurance Claims

11/30/12 Review Your Insurance Policies Before Filing Sandy-Related Claims M&E Insurance Coverage Alert

11/02/12 Good News for Homeowners: Insurers Cannot Charge Hurricane Deductibles M&E Insurance Coverage Alert

10/29/12 Preparing for and Recovering from a Hurricane M&E Insurance Coverage Alert

10/29/12 McCarter Forces Primary Insurer to Pay Insured’s Silica and Asbestos Defense Costs M&E Insurance Coverage Alert

10/29/12 Supreme Court of California Allows Policyholder to Stack Insurance Policies to Maximize Coverage M&E Insurance Coverage Alert

04/13/12 Law Schools Under Fire for False Advertising -- Insurance Cover for These Recent Lawsuits M&E Insurance Coverage Alert

12/07/10 Certiorari Granted on December 6, 2010, in Connecticut v. American Electric Power

J. Wylie Donald, Anthony Bartell, Joseph J. Cherico, Louis A. Chiafullo, Ira M. Gottlieb, Gregory H. Horowitz, Thomas W. Ladd, Joann M. Lytle, Brian J. Osias, Sherilyn Pastor, Gita F. Rothschild and Steven H. Weisman

M&E Climate Change & Renewable Energy Alerts

12/01/10 Insurance Coverage Combined Alerts M&E Insurance Coverage Alert

08/30/10 Prevailing Policyholder In New Jersey Coverage Action Entitled To Counsel Fees Incurred In Competing Out-Of-State Lawsuit

08/03/09 Notice and Reporting Requirements in Claims-Made and Claims-Made-and-Reported Policies: A Potential Trap for Both Courts and Policyholders

Anthony Bartell and Craig W. Davis LexisNexis® Emerging Issues Analysis

05/08/09 NJ Governor Corzine Signs Site Remediation and Reform Act-Implications for Consultants, Insurance Policyholders, Brokers and Underwriters

M&E Client Alert

04/01/04 Directors & Officers Insurance and Bankruptcy- Whose Insurance Policy Is It Anyway? Anthony Bartell and Steven H. Weisman

Metropolitan Corporate Counsel

06/01/03 Stub Insurance Policies: Are You Getting What You Pay For? Anthony Bartell and Steven H. Weisman

Commerce Magazine

01/01/03 Stub Policies: In For a Penny, In For a Pound Anthony Bartell and Steven H. Weisman Environmental Claims Journal

09/01/02 Stub Policies: In for a Penny, In for a Pound Anthony Bartell

Environmental Claims Journal/Vol. 14, No. 4

05/01/01 Builders, Subcontractors And Architects: Finding Insurance Coverage For Mold Litigation - Expected or Intended/Trigger of Coverage

Anthony Bartell

Mealey’s Litigation Reports: Mold, Vol. 1, No. 5

04/01/01 Builders, Subcontractors And Architects: Finding Insurance Coverage For Mold Litigation -- Business Risk Exclusions

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Anthony Bartell

Mealey’s Litigation Reports: Mold, Vol. 1, No. 4

03/01/01 Builders, Subcontractors and Architects: Finding Insurance Coverage for Mold Litigation Ira M. Gottlieb and Anthony Bartell

01/01/01 Mealey's Toxic Tort & Environmental Insurance Anthony Bartell

Mealey's Toxic Tort & Environmental Insurance

01/01/01 A Multi-Family Owners' Guide to Handling Mold Claims and Litigation Anthony Bartell, Judith Steinman

02/28/95 Liability Insurance ‘Trigger’ And ‘Allocation’ For Continuous Occurrence Decided - - At Least For Now: Owens-Illinois, Inc. v. United Ins. Co.

Anthony Bartell