Congratulations to Goldberg Segalla partner Marci Goldstein Kokalas and attorney Andrew J. Simmers for securing an important win for our client, an insurance provider, in the Southern District of New York.

Our client was sued for breach of contract, declaratory judgment, and bad faith arising under a lawyer’s professional liability policy. The insured law firm had been sued by a bankruptcy trustee seeking to recover payments allegedly made by the debtor’s alter ego to the firm as part of a scheme to defraud creditors.

The court granted our Rule 12(b)(6) motion, finding that the underlying action failed to allege covered “damages” or a “wrongful act”; that the gain, profit, or advantage exclusion applied even if the insuring agreement had otherwise been triggered; and that the restitution claims were uninsurable as a matter of New York law.

Great job, Marci and Andrew!