Robert M. Horkovich

Robert M. Horkovich is managing partner in Anderson Kill’s New York office and chair of the firm’s insurance recovery group. He is a trial lawyer who has obtained more than $5 billion in settlements and judgments for policyholders from insurance companies.

Articles By Author

Insurance Coverage for Jackware Attacks

May 19, 2022

Companies need to understand the insurance implications of "jackware" attacks—a variant of ransomware that attacks physical devices.

7 Tips for Getting Insurance Claims Paid Early

February 10, 2022

Developing a comprehensive strategy for handling a claim as soon as it arises can often get a contested claim resolved satisfactorily without going to court.

Potential Employer Liability Stemming from the COVID-19 Pandemic

November 26, 2021

As companies continue reopening for in-person operations post-COVID, businesses gearing up to return to work face a minefield of potential liabilities relating to discrimination, leave, workers compensation and retaliation, among others.

Key Considerations for Private Company D&O Insurance

June 16, 2021

Many private companies to believe that they do not need D&O coverage, however, there a number of risks that may be covered by such policies.

Insurance Coverage for Forever Chemicals

May 3, 2021

PFAS pose a serious environmental liability risk and can result in costly litigation.

10 Tips for Getting COVID-19 Business Interruption Claims Paid

February 10, 2021

These tips can help maximize the chances of surviving the insurance company’s motion to dismiss and getting your claim paid.

New Developments in COVID-19 Insurance Coverage Litigation

December 11, 2020

With another wave of COVID-19 wreaking havoc worldwide, recent insurance coverage litigation decisions have been building upon lessons learned since the pandemic began.

Key Insurance Coverage Decisions of 2019

December 18, 2019

Court decisions in 2019 placed constraints on insurance companies’ propensity to read business insurance policies in the narrowest possible fashion.

Insurance Considerations for Shooting Incidents

December 2, 2019

Active shooter coverage can protect businesses from the financial impact of a tragedy.

The Risk of Overlooking Additional Insured Coverage

July 17, 2019

Additional insured coverage can be an effective way to strategically manage risk, but failing to closely analyze these provisions can be costly.

Risk Transfer Considerations in the Wake of a Construction Accident

May 6, 2019

Those involved in construction should plan carefully not only how to minimize the risks of accidents but how to maximize their insurance and indemnification recoveries should an accident happen.

Courts Address All Sums Coverage Allocation Debate

March 14, 2019

Recent court rulings have affirmed the applicability of "all sums" coverage allocation in long-tail claims cases.

Finding Coverage for GDPR Liabilities

December 10, 2018

Companies need to consider the application of liability insurance to cover certain losses and liabilities related to the EU's GDPR.

EPLI and the #MeToo Movement

June 1, 2018

These policy provisions can maximize financial support in the event of sexual harassment claims.

Employment Practices Liability Insurance and the #MeToo Movement

May 8, 2018

Although there are many hurdles to securing coverage for sexual harassment and other employee claims, insurance policies are a critical source for financial support in such cases.

Getting a Handle on Handheld Risks

April 4, 2018

The explosion of mobile and social media risks has had significant implications for insurance coverage.

The Environmental Impact of Hurricanes

December 4, 2017

Managing the risks associated with severe weather events, including the immediate and latent pollution unleashed by natural disasters, is a huge challenge.

Timing is Everything In Crime Insurance Claims

September 5, 2017

Even the most carefully crafted crime coverage may have no value if policyholders wait until it is too late to take action against dishonest employees or dissembling insurance companies.

Three Issues for Captives When Arbitrating Reinsurance Disputes

August 7, 2017

Captives involved in reinsurance disputes should take proactive measures both to forestall disputes and to ensure that they take place on a level playing field.

10 Insurance Tips to Help Manage Construction Risk

May 3, 2017

Tips for obtaining the proper insurance coverage to protect against construction risks.

Understanding the Benefits and Risks of Blockchain

March 6, 2017

Blockchain presents some clear opportunities, especially for insurance, but as with any new technology, it is not without its risks.

Challenging Arbitration of Disputes Involving Workers Compensation Insurance Programs

December 5, 2016

Policyholders should look closely at the dispute resolution provisions presented in their workers compensation coverage plans.

Navigating Workers Compensation Insurance Program Disputes

November 3, 2016

With increasingly regularity, insurance companies seem, to be pursuing policyholders to recover retrospective premiums under old workers compensation programs.

What Can a Captive Do for You?

August 1, 2016

Understanding the business advantages of setting up a captive will help risk managers add real business value to their companies.

Tapping Into Environmental Coverage

April 1, 2016

Companies often overlook existing insurance policies that cover environmental liability claims.

Buying a Company? Take a Look at its Insurance Portfolio

February 2, 2016

Analysis of a potential acquisition or merger partner's historic insurance portfolio is an essential, if too often overlooked, aspect of M&A due diligence.

Matching Your EPLI to Your Actual Employment Risks

November 3, 2015

Companies need to understand the nature of employment practices liability insurance and how it applies to emerging trends in employment litigation.

Climate Change and its Impact on the Insurance Industry

February 3, 2015

Given that severe weather always has been a driver of property and casualty claims, it is no surprise that the insurance industry is carefully considering the impact of climate change.

Insurance Coverage for Risks Associated with the Ebola Outbreak

December 2, 2014

Prudent measures to mitigate potential financial losses stemming from Ebola or other infectious disease outbreaks should include a review of existing insurance coverage.

Overcoming One-Sided Insurance Policy Arbitration Agreements

November 1, 2014

Insurance policy arbitration clauses often contain conditions that stack the deck against policyholders in a dispute with their insurance companies.

Excess Exhaustion

August 1, 2014

Insurance companies are having success discouraging settlements by fighting access to excess insurance coverage.

Mitigating Business Interruption Exposures from Cyberattacks

May 1, 2014

Businesses should carefully consider the impact a cyberattack would have on their operations and take steps to make sure that their insurance will respond as desired.

Dramatic Changes on the Horizon for CGL Coverage Law

November 1, 2013

Recent changes in national case law suggest that a major shift is under way for CGL coverage of property damage to an insured contractor’s own work.

Giving Notice: New ACORD Changes for Certificates of Insurance

September 4, 2013

New ACORD changes mean that an additional insureds who relied on certificates of insurance are no longer guaranteed to receive notice of cancellation.

The Hidden Value of Historic Insurance Coverage

June 4, 2013

Before a proposed merger or acquisition, companies must consider all historic coverage implications.

Preventing Insurers from Wrongfully Denying Storm-Related Claims

April 12, 2013

Insurers may delay claims, but policyholders and states are helping ensure that rightful claims get paid quickly after a disaster.

Challenging Unfavorable Arbitration Clauses

February 5, 2013

A recent New York court decision highlights how policyholders can challenge unfavorable arbitration clauses in workers comp and other insurance policies.

All Sums, All Policies for Long-Tail Claims

November 26, 2012

A recent California Supreme Court decision clarifies the full extent to which policyholders facing long-tail environmental claims can tap into their historic policies to help pay for those costs.

The D&O Flashpoints for Libor-Related Insurance Claims

September 13, 2012

Fallout from the recent Libor manipulation scandal could have important implications for your D&O coverage.

10 Tips for Getting Claims Paid

May 29, 2012

Getting claims paid can be difficult. Here are some ways to help the process along.

How the New SEC Settlement Policy Affects Your D&O Coverage

April 1, 2012

A new SEC policy regarding admission of allegations could raise important issues for D&O liability policyholders.

More Courts Discouraging Policyholder Settlements in Excess Claims Cases

February 8, 2012

Recent court decisions have gone against long-standing case law regarding excess insurance claims recovery.

Buying the Right Employment Practices Liability Insurance Policy

November 1, 2011

As the economy struggles to rebound from recession, employment-related lawsuits are rising at an alarming rate.

How the Other Coverages Exclusion Can Cost You Millions

September 1, 2011

The "other coverages" exclusion can sometimes lead to expensive claim disputes.

Declining Asset Values and Fidelity Insurance Coverage

June 1, 2011

A decline in asset values does not mean fidelity coverage can be denied.

Insurance Claims for Supply Chain Aftershocks of the Japanese Earthquake

March 1, 2011

While the brunt of the suffering from the massive March 11 earthquake and tsunami has been in Japan, the economic and insurance aftershocks will be global, and many U.S. companies will suffer serious economic consequences and supply chain disruptions.

Climate Change and the Duty to Defend

March 1, 2011

A crucial issue facing today's corporate policyholders is whether their liability insurance policies will be available to defend against climate change lawsuits.

Maximizing Recovery On Product Liability Insurance Claims

December 1, 2010

Even if an insurance company resists paying a product liability claim, there are other avenue that policyholders can explore for recovery.

Ten Tips for Mitigating Risk in Construction Projects

October 1, 2010

Coordinating insurance and risk management concerns with the need of a construction project can be challenging. Here are some important steps to consider.

Insurance Coverage for Gulf Oil Spill Losses

June 1, 2010

A look at the insurance coverages that will come into play in response to the largest oil spill in American history.

Improve Your Policy Wording During Soft Markets

March 1, 2010

A soft market provides the perfect opportunity to improve your policy wording.

New Laws, New Liabilities

December 1, 2009

Some important legal changes of 2009.