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Patrick M. Tomovic

Partner, Insurance Coverage Practice and Industry Leader

Industry Groups

  • New York
  • U.S. District Courts for the Southern, Northern, Eastern, and Western Districts of New York
  • U.S. Courts of Appeals for the Second, Sixth, and Ninth Circuits
  • U.S. Supreme Court

B.S., honors, University of Western Ontario

M.B.A., cum laude, Niagara University

J.D., SUNY Buffalo Law School

Patrick leads the firm’s Insurance Coverage Industry Group. He has represented numerous primary and excess insurers in complex coverage litigations for the past 26 years, including major insurers in significant product liability and environmental insurance-coverage disputes.

In addition to his vast experience in complex environmental and commercial matters, Patrick has won a wide variety of high-exposure disputes involving director and officer liability (D&O), securities matters, professional errors and omissions, toxic torts, construction defects, technology-liability insurance issues, wrap-up liability insurance programs, owners and contractors insurance matters, healthcare professionals, design professionals, media and entertainment, and specialty underwriting products.

Patrick’s representation of the firm's clients often includes advising the insurance industry on regulatory matters and providing strategic advice on drafting insurance policies, the negotiation and placement of coverage, and dispute resolution and prevention. He has argued coverage-related appeals in state and federal appellate courts across the country and has been instrumental in achieving significant decisions and results favorable to the insurance industry.

Patrick has lectured across the United States and internationally on insurance law and coverage issues and has written numerous papers and presentations on topics of interest to the insurance industry.

As the leader of the firm's Insurance Coverage Industry Group, Patrick also has a unique depth of experience with insurance law issues facing casinos, lotteries, and other gaming-industry businesses. 

Honors

  • Listed, Upstate New York Super Lawyers, 2007 - 2016
  • Buffalo Business First/Buffalo Law Journal Who’s Who in Law

As an accomplished insurance coverage lawyer and leader of the firm’s Insurance Coverage Practice, the nation’s largest insurers have turned to Patrick for advice and representation in some of their highest-exposure matters:

  • Successfully represented a major insurer in one of the largest environmental insurance coverage litigations in the nation's history (U.S. District Court, New York)
  • Won recission of an insurance policy and affirmance on appeal based on material misrepresentations in an insurance application, even though the application itself was unsigned (U.S. Court of Appeals for the Second Circuit)
  • Won an appeal on applicability of pollution exclusion in an insured's policy barring coverage for widespread environmental contamination of an Ohio municipality caused by a tank explosion (U.S. Court of Appeals for the Sixth Circuit)
  • Successfully represented a winery in a product-defect lawsuit against a French cork manufacturer, obtaining a multimillion-dollar award on behalf of the client (U.S. Court of Appeals for the Ninth Circuit)
  • Won summary judgment on behalf of major insurer in coverage dispute arising from petroleum contamination of industrial property (U.S. District Court, New York)
  • Successfully represented aerospace engineering firm in professional-liability lawsuit (U.S. District Court, New York)
  • Successfully represented D&O insurers in connection with numerous securities cases, including class and derivative actions involving numerous publicly traded companies
  • Won reversal of a judgment directing a primary insurer to defend and indemnify a policyholder for a construction accident on the basis of late notice, despite the insurer's knowledge of the claim from other sources (New York Supreme Court, Appellate Division)
  • Won subrogation action on behalf of a major insurer, including award of extra-contractual damages, in a complex maritime arbitration and successfully defended the respondent's appeal of arbitration award in federal court (U.S. District Court, New York)

Professional Associations

  • American Bar Association
  • New York State Bar Association