Adam R. Durst
Partner
Adam R. Durst focuses his practice on complex insurance coverage law and coverage litigation in state and federal courts throughout New York and across the country. Adam provided insurers with analysis and advice under all types of policies and coverages, including commercial general liability, commercial auto, professional liability, employment practices liability, and other specialty lines, as well as first-party coverages of all types. His practice involves advising on coverage determinations yet to be made and guiding insurers through situations where a coverage determination is subject to dispute.
Adam currently serves as national counsel for several companies, ushering them through the ever-changing claims landscape, whether it be in COVID-19 coverage litigation or claims handling in the face of revival statutes such as the Child Victims Act and Adult Survivors Act. Adam also represents insurers in bankruptcy cases involving sexual abuse by priests and others.
Adam frequently speaks and writes about insurance coverage issues, including for the New York State Bar Association, the New York Law Journal, Law360, and Mealey’s Litigation Report.
Industries
Experience Highlights
- Secured declaration that insurer did not owe a duty to defend or indemnify insured based on policy’s Designated Ongoing Operations exclusion. Phila. Indem. Ins. Co. v. Streb, Inc., 487 F. Supp. 3d 174 (S.D.N.Y. 2020).
- Secured declaration that insurer owed a duty to defend tenant at location where accident occurred based on policy’s additional insured provision. Citizens Inc. Co. of Am. V. Am. Ins. Co., 130 N.Y.S. 3d 289 (1st Dept. 2020).
- Secured declaration that insurer did not owe a duty to defend or indemnify insured based on application of policy exclusion. Northfield Ins. Co., v. Golob, 164 A.D. 3d 682 (2nd Dept. 2018).
- Secured declaration that insurer did not owe a duty to defend or indemnify insured based on application of classification limitation endorsement. Northfield Ins. Co. v. Midtown Restorations LLC, 149 A.D. 3d 417 (1st Dept. 2017).
Honors & Awards
2022 Pro Bono Honor Roll—U.S. District Court for the Western District of New York
Best Lawyers in America: Ones to Watch — Insurance Law, 2021-22
Upstate New York Super Lawyers, Rising Stars 2019-22
The Leukemia and Lymphoma Society “Man of the Year” Award, 2014 (Rochester, New York)
Admissions
- New York
- U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of New York
- U.S. Court of Appeals for the Second Circuit
Education
- State University of New York at Buffalo School of Law, J.D., magna cum laude, 2013
- Buffalo Human Rights Law Review, Law Clerk, Executive Publication Editor
- St. John Fisher College, B.A., magna cum laude, 2010
Community Involvement
- The Leukemia and Lymphoma Society
- Student Visionaries of the Year Campaign, Co-Chair, 2021-23
- Man and Woman of the Year Campaign, Leadership Team, 2019-20
- Man of the Year and Woman of the Year Campaign for Western New York, 2014
Publications & Events
- “Construction Defect Claims: A 2021 Update—Part II,” (Co-Author), Mealey’s Litigation Report: Construction Defects Insurance, April 2022
- “Construction Defect Claims: A 2021 Update—Part I,” (Co-Author), Mealey’s Litigation Report: Construction Defects Insurance, March 2022
- “Construction Defect Claims: A 2020 Update—Part II” (Co-Author), Mealey’s Litigation Report: Construction Defects Insurance, May 2021
- “Construction Defect Claims: A 2020 Update—Part I” (Co-Author), Mealey’s Litigation Report: Construction Defects Insurance, November 2020
- “Viewpoint: Anticipated Coronavirus Claims Scenarios Across Major Coverage Lines” (Co-Author), Claims Journal, April 7, 2020
- “Construction Defect Claims: A 2019 Update—Part II” (Co-Author) Mealey’s Litigation Report: Construction Defects Insurance, April 2020
- “NYDFS Demand Precedes Future Coronavirus Insurance Suits,” Law360, March 31, 2020
- “Construction Defect Claims: A 2019 Update—Part I” (Co-Author) Mealey’s Litigation Report: Construction Defects Insurance, March 2020
- “What the NY Child Victims Act Means For Insurance In 2020,” (Co-Author), Law360, January 1, 2020
- “Disclaiming Coverage Based on Late Notice in New York,” New York Law Journal, July 12, 2019
- “The Mold Exclusion’s Consumption Exception: What Constitutes a Good or Product Intended for Bodily Consumption?” (co-author), DRI Raising the Bar, Volume 15 Issue 3, April 1, 2019
- “Loading and Unloading: Causal Connection Is the Key for Insurance Coverage” (Co-Author), DRI The Voice, March 13, 2019
- “Lessons Learned: D&O Coverage for Appraisal Litigation Claims” (Co-Author), Tort Trial and Insurance Practice, Winter 2019 Newsletter
- “Chapter: Discovery in Insurance Coverage and Bad-Faith Litigation,” Insurance Law Practice, 2018 Revision, New York State Bar Association, 2018
- “Privilege Between Counsel and Their Clients,” Perrin Insurance Coverage and Allocation Issues Conference, May 11, 2022, Philadelphia, PA
- “Insured Coverage Issues and the Construction Accident,” NYSBA Construction Site Accident Claims and Litigation 2019, November 6, 2019, Buffalo, NY
- “Expert Reports — What Are They, How Do You Analyze Them, and How to Prepare Them if Necessary,” First Party Claims Conference, Warwick, RI, October 15-17, 2018
- “Loading and Unloading Under GL and Auto Policies: 2022” (Co-Presenter) GS Webinar Series, October 11, 2022
- “Implications of GEICO v. Whiteside on Bad Faith Litigation: A Comprehensive Analysis,” (Co-Presenter), The Knowledge Group, February 17, 2022
- “New York’s Adult Survivors Act: What You Need to Know,” (Co-Presenter), GS Webinar Series, June 22, 2022
- “Insurance Coverage for Wrongful Conviction Claims,” (Co-Presenter), GS Webinar Series, April 21, 2022
- “Loading and Unloading Under GL and Auto Policies: A 2021 Update,” (Co-Presenter), August 10, 2021
- “Wrongful Conviction Claims: When is Coverage Triggered?” (Co-Presenter), GS Webinar Series, October 13, 2020
- “What and When to Withhold: Discovery Issues in Complex Coverage Litigation,” (Co-Presenter), GS Webinar Series, July 14, 2020
- “Emerging Issues: What Insurers Should Expect for the California Child Victims Act,” (Co-Presenter), GS Webinar Series, January 14, 2020
- “Emerging Issues: The New York Child Victims Act and the Impact for the ‘Window of Justice’ on Insurers,” (Co-Presenter), GS Webinar Series, December 10, 2019
- “Loading and Unloading Under GL and Auto Policies: A 2019 Update,” (Co-Presenter), GS Webinar Series, August 22, 2019
- “Loading and Unloading: Where Does the Risk Fall?” (Co-Presenter), GS Webinar Series, October 23, 2018
- Contributor, “What is an Occurrence? Ledesma Explains…” Timely Notice, July 19, 2018
Recent Insights
May 25, 2022
January 13, 2022