Joseph Oliva concentrates his practice in civil and commercial litigation, insurance coverage analysis and insurance coverage litigation. He has significant experience in all areas of financial institution coverage investigations and litigation involving fraud, employee dishonesty, safe deposit box loss, embezzlement, Ponzi schemes, check kiting, ERISA fraud and mortgage fraud matters. In addition, he also concentrates on handling subrogation work, particularly in the health care subrogation area.  Joe has handled both state and federal litigation involving ERISA-based plans, Medicare advantage and general health care plans’ subrogation, and reimbursement rights throughout the northeast. His also focuses on bad faith litigation, property damage litigation, and error and omissions coverage investigation.

He has conducted and supervised the investigation and coverage analysis of catastrophic safe deposit box losses for underwriters of major financial institutions resulting from a rash of burglaries in the New York City area and across the country, the destruction of the World Trade Center following the terrorist attack of September 11th and the devastation of Hurricane Katrina. Joe developed a strategy and procedure for analysis and reimbursement of thousands of safe deposit boxholder claims affected by these tragedies and occurrences. He has supervised a team of experts and handled all aspects of litigation resulting from these claims.

Joe conducted an insurance coverage investigation of a $23 million fraud by a bankrupt automobile leasing corporation perpetrated against a major financial institution. He handled all phases of the litigation on behalf of underwriters and the financial institution.

He has also headed the insurance coverage investigation of a number of employee dishonesty, embezzlement and fraud claims including Ponzi schemes. These matters have included a $61 million loss arising from an employee embezzlement scheme in Argentina; a $15 million loss resulting from employee theft; and significant mortgage fraud claims in California and Kentucky. 

Joe is a former senior litigation associate for an international law firm in their New York City office. At that firm, his practice concentrated on all aspects of commercial litigation and insurance coverage litigation from initial complaint to trial, verdict, appeal and recovery. 

His earlier experience includes working as a litigation and appellate associate at a mid-size regional New York firm. He assisted clients with all phases of litigation from inception through trial in numerous property damage and personal injuries matters.  As the attorney in charge of the firm's appellate practice in the New York City office, he conducted jury trials and wrote over 75 appellate briefs.

Upon graduation from law school, Joe was granted a two-year judicial clerkship as a senior appellate court attorney from the Supreme Court of the State of New York, Appellate Division, Second Judicial Department. He clerked for the entire bench and wrote over 150 bench memos on a variety of issues in the areas of criminal, civil and commercial law.

Over the course of his career, Joe has obtained appellate argument experience in the First, Second and Third Judicial Departments of the New York Supreme Court and has over 70 reported decisions.

He is active in many local and national bar associations including the New York County Lawyers' Association, The American Bar Association, the New York State Bar Association and the Columbian Lawyers Bar Association. He is also a member of the Supervisory Committee of the Montauk Credit Union in New York City.

Joe is a frequent lecturer on appellate practice as a faculty member of the St. John's University School of Law's Continuing Legal Education Program and the New York Safe Deposit Association. He has also lectured at the American Bankers Association Risk Management Conference and for the Fidelity Law Association.

Professional Affiliations
  • New York County Lawyers Association
  • New York State Bar Association
  • American Bar Association
  • Columbian Lawyers Association
  • Fidelity Law Association
Admitted to Practice
  • New York
  • New Jersey
  • U.S. District Court for the Southern and Eastern Districts of New York
Prior Experience
  • Senior Appellate Court Attorney - New York Supreme Court, Second Judicial Department
Education
  • St. John's University, B.A., summa cum laude, 1990
  • St. John's University School of Law, J.D., 1993 (Moot Court Honor Society's Executive Board; recipient of the American Jurisprudence Award in Criminal Law)
Publications/Presentations
  • Featured in “The Termination Provision in Fidelity Insurance Policies: Practitioners Discuss a Split in Authority,” Bloomberg Law Reports — Commercial Insurance, March 5, 2012
  • Presenter, "Financial Institutions Bond, ABA Insurance Risk Management Forum," Naples, FL
  • Speaker, “A Primer on Appellate Practice,” St. John’s University School of Law’s Fall CLE Weekend, October 2011
  • Speaker, – “Insurance Coverage Issues in the Commercial General Liability Policy – Emerging Issues for the Next Decade," presentation -  "'Arising Out Of' – Similar Additional Insured Issues Following Worth and Garrito,” New York State Bar Association 2010 Insurance Coverage Update, June 2010
  • Speaker, “Ponzi Schemes – Issues under the Financial Institution Bond,” American Bankers Association Risk Management Forum, February 2010

 

  • Quoted, “How Safe is That Safe? – A Safe Deposit Box is Not the Best Place to Stash Cash,” The Wall Street Journal’s Market Watch and Equities Magazine blog; Resources Investor, International Business and Commodity Online , October 30, 2008
  • Speaker, “Appellate Advocacy – Demystifying the Process,” St. John’s University School of Law’s CLE Weekend, November 2009; 2007
  • Speaker, “Pandora’s Safe Deposit Box – Handling Difficult Claims Scenarios,” American Bankers Association Insurance Risk Management Forum, January 2008
  • Speaker, “Safe Deposit Losses Under the Financial Institution Bond,” Fidelity Law Association Annual Conference October 2007
  • Author, “Safe deposit Box issues Under the Financial Institution Bond,” Fidelity Law Association Journal, October 1, 2007
  • Speaker, “Handling Catastrophic Bank Property Losses,” New York State Safe Deposit Box Association Annual Meeting, December 2006
  • Speaker, “Appellate Advocacy,”  St. John’s University School of Law’s Fall CLE Weekend: March 2006; March 2005; November 2000; October 1999
  • Speaker, “Appeals – The Process,” St. John’s University School of Law’s Spring CLE Weekend, April 2002
  • Speaker, “Handling Safe Deposit Box Claims When there is a Burglary – What Banks and Insurers Need to Know,” New York State Safe Deposit Association Annual Meeting, December 2001