212-687-3000 x 2532
Mr. Pozner’s practice is in commercial litigation with a focus on insurance coverage. He has extensive experience in resolving disputes, litigating matters and advising clients with respect to a wide variety of claims and policies, including comprehensive general liability, professional liability, directors and officers, errors and omissions, pollution liability, product recall, employment practices liability, additional insured coverage, bad faith, umbrella/excess coverage, and surety bond matters. Mr. Pozner also represents professionals, such as architects and engineers, in professional liability claims and product manufacturers in product liability claims. He not only represents clients involved in litigation, but also advises insurers with respect to coverage issues and disputes through coverage opinions, arbitration and mediation. He also provides opinions on the potential impact of proposed policy language and manuscripted provisions.
Mr. Pozner has specific experience in handling both high profile and high value claims. He led a team of experienced coverage attorneys in handling a claim, submitted shortly before trial commenced, in multi-billion dollar slander litigation involving a Fortune 100 company. Mr. Pozner’s team successfully analyzed the evidence produced in discovery, and subsequently at trial, and guided the client to a successful resolution of the claim. Mr. Pozner also directed successful efforts in connection with an insurance coverage claim for damages from a high profile sexual molestation case.
Mr. Pozner routinely handles trial and appellate matters in both New Jersey and New York state and federal courts. He has represented clients in appeals before the Appellate Divisions of New Jersey and New York, the New Jersey Supreme Court, the New York Court of Appeals and the Court of Appeals for the Second Circuit. He also represents clients in disputes across the country, and abroad, in both litigated and non-litigated matters.
Mr. Pozner was selected as a SuperLawyer Rising Star for Insurance Coverage from 2013 through 2019. (This list is issued by Thomson Reuters. A description of the methodology used for inclusion can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)
Mr. Pozner received his undergraduate degree in international affairs from The George Washington University in 2002 and his law degree from Seton Hall University School of Law in 2006, cum laude. He is admitted to the state courts of New Jersey and New York and the federal District Court for the District of New Jersey.
• W9/PHC Real Estate LP v. Farm Family Casualty Insurance Company, 970 A.2d 382 (N.J. App. Div. 2009) (court held that where there are competing “other insurance” clauses, where one provides for excess coverage and the other pro rata, the excess clause will be applied such that the pro rata policy provides primary coverage)
• Hernandez v. M-Industries, LLC, 11 A.3d 375 (N.J. App. Div. 2010) (court held that a landowner has no duty to protect an independent contractor from the hazards created by their own work)
• Marolda Farms, Inc. v. Maryland Cas. Ins. Co., 2012 N.J. Super. Unpub. LEXIS 2609 (App. Div. Nov. 29, 2012) (holding that state courts have no jurisdiction where federal courts have retained jurisdiction by consent decree)
• United States v. South Jersey Clothing Company, 976 F. Supp. 2d 577 (D. N.J. 2013) (claimants can bring claim against insurers if they had a protected property interest in policies prior to consent decree being entered by federal court)
• Olin Corp. v. American Home Assurance Company, 704 F.3d 89 (2012) (Second Circuit held that the “continuing coverage” provision of Condition C required insurer to provide coverage for long tail environmental property damage which begins during policy period and continues thereafter)
•Bayswater Dev. LLC v. Admiral Ins. Co., 126 A.D. 3d 490 (1st Dep’t 2015) (determining that New York law applies and that the pollution exclusion excludes coverage of “Chinese Drywall” claims)
• Arthur Vincent & Sons Constr., Inc. v. Century Sur. Ins. Co., 156 A.D. 3d 853 (1st Dep’t 2015)(Appellate Division determined that excess policy provision stating that it was excess of all “other insurance” made policy excess to all other issued policies).
Successfully obtained summary judgment against claimant seeking coverage for cleanup costs for former location of color manufacturer based upon owned property exclusion.
Successfully obtained summary judgment in matter in which insured’s construction error resulted in damage to property and sought coverage under CGL, Professional Liability and Builders Risk policies; court agreed there was no coverage under any policy.
Successfully obtained summary judgment in declaratory judgment action by claimant seeking to reopen litigation with respect to alleged bodily injury caused by mold.
Obtained favorable settlement of insurance coverage claim in connection with high profile litigation for damages caused by release of sex tape.
Obtained favorable settlement for insurer in product recall claim relating to alleged contamination of baby food product.
Led a team of highly experienced coverage attorneys in obtaining discovery from and monitoring trial in underlying multi-billion dollar libel litigation and obtaining favorable settlement for insurer of defendant.
Member of a team that handled insurance coverage claim of large educational institution for coverage of high profile sexual molestation claims.
Conducted comprehensive review of defense and settlement practices in asbestos litigation for large multi-national client.