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Bar & Court Admissions
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, District of Connecticut
- Wesleyan University (B.A., 1978)
- Hofstra University (J.D., 1983)
Marilyn B. Fagelson
Marilyn Fagelson is Chair of the Firm’s Insurance Recovery Practice Group and works principally on complex commercial litigation, insurance coverage on behalf of policyholders, and appellate practice. She has represented policyholders seeking coverage for claims involving a variety of subject areas including asbestos and environmental injuries, legal malpractice, sexual abuse, health care, property damage, products liability, automobile accidents, unfair trade practices and antitrust. Marilyn has secured coverage of defense and indemnity under many types of policies, including commercial general liability, errors and omissions, malpractice, property, homeowners, automobile, health care, title and crime policies. She is a member of the Insurance Coverage Litigation Committee of the American Bar Association and she is Vice Chair of the Insurance Section of the Connecticut Bar Association.
Marilyn also handles other types of complex commercial disputes, including antitrust and unfair trade practice claims, breach of contract and various business tort cases. Marilyn has represented clients in arbitration, administrative proceedings and in state and federal courts. Marilyn has tried cases to verdict and argued appeals. She also has resolved matters through mediation and informal settlement discussions. Marilyn is a member of the Federal Practice Section of the Connecticut Bar Association.
Prior to joining Murtha Cullina LLP, Marilyn practiced in New York where she handled both state and federal commercial litigation, primarily in the areas of antitrust and intellectual property.
REPRESENTATIVE INSURANCE COVERAGES CASES:
After two phases of a bench trial in a case concerning the coverage of asbestos-related personal injury claims brought by our client against dozens of primary, excess and umbrella insurers, won several favorable allocation rulings, including defeating the insurers’ attempt to allocate indemnity to the post-1986 period, when insurance coverage was no longer available. The trial court also rejected the application of several exclusions such as the pollution exclusion and the occupational disease exclusion. R.T. Vanderbilt Co. v. Hartford Accident & Indem. Co., 2014 Conn. Super. LEXIS 699 (March 28, 2014). This hotly contested case is on appeal before the Connecticut Appellate Court.
Prevailed on appeal with the Connecticut Supreme Court construing the meaning of "suit" to require the insurer to provide a defense for an environmental action initiated by a "Potentially Responsible Party" letter sent by the EPA. R.T. Vanderbilt Co., Inc. v. Continental Cas. Co., 273 Conn. 448 (2005).
Won a jury verdict against an excess insurer to recover post-judgment interest on the underlying products liability action. The case settled on favorable terms before post-verdict motions, including "offer of judgment" interest, were determined. Stanley Works v. CIGNA, (Conn. Super. 2005).
Prevailed on summary judgment for one client, a law firm, when the court concluded that a former partner's knowledge should not be imputed to the firm when the firm filled out its insurance application and therefore the firm received defense and indemnification under its policy. Maher & Williams v. ACE Am. Ins. Co., 2010 U.S. Dist. LEXIS 91934 (D. Conn. 2010).
Successfully moved to stay insurer’s declaratory judgment action pending the conclusion of the underlying case in which the insurer was defending the policyholder. Western World Ins. Co. v. The Glastonbury ABC Company, Inc. (D. Conn. 2012).
EXAMPLES OF OTHER RECENT CASES:
The Connecticut Supreme Court adopted arguments propounded on behalf of the Connecticut Bar Association, Amicus Curiae, holding that a surviving spouse’s elective “Statutory Share” under General Statutes § 45a-436 should be calculated based upon the value of the estate at the time of distribution. Dinan v. Patten, 317 Conn. 185 (2015).
Defended clients and negotiated the settlement of antitrust investigations in two separate industries conducted by the Connecticut Attorney General. In one instance the settlement included an acknowledgement of no wrong doing and in both instances settlement was achieved without the payment of any fine or attorney’s fees.
• Let's Get Rid Of Discovery! – Ms. Fagelson will lead a roundtable at the annual meeting of the Insurance Coverage Litigation Committee of the American Bar Association, March 4, 2016.
• Getting to Less: A Symposium On Strategies For Reducing Discovery In Insurance Coverage Cases – Ms. Fagelson will speak at this CLE hosted by the Insurance Law Section of the Connecticut Bar Association and the Insurance Law Center at the University of Connecticut Law School, February 26, 2016.
• Moderator: Symposium on Claims Handling: Rights, Wrongs and Remedies, Connecticut Bar Association and the Insurance Law Center at the University of Connecticut Law School, February 2015.
• Speaker: Insurance Coverage 101 – Commercial General Liability Policies, Connecticut Bar Association and the Insurance Law Center at the University of Connecticut Law School, January 2014.
• Moderator: Storm Law: Snow, Hurricanes, Earthquakes, What’s Next? Insurance and Other Resources Explored, Connecticut Bar Association, January 2012.
• Speaker: Business Interruption Insurance – Causation, Connecticut Bar Association, January 2010.
In addition to speaking on insurance recovery issues, Ms. Fagelson regularly provides training to clients, colleagues and professional organizations on subjects including the fundamentals of state and federal antitrust laws and electronic discovery.
NEWS ALERTS AND PUBLICATIONS:
Insurance Recovery Group News: The Connecticut Supreme Court Affirms Denial of CGL for Electronic Data Breaches, May 2015
Insurance Recovery Group News: Supreme Court Allows Insurers to Seek a Declaration Allocating Defense Costs to Fellow Insurers, August 2014
Insurance Recovery Group News: A "Volunteer" Is Injured At Your Workplace - Are You Insured For That?, April 2014
Insurance Law: Reaching Excess Layers Of Insurance, Connecticut Law Tribune's Special Insurance Section, Vol. 40, No. 6, February 2014
Insurance Recovery Group News: The Connecticut Appellate Court Limits CGL Coverage For Electronic Data Breaches, January 2014
Connecticut Law Tribune (November 2012) quotes Murtha Cullina attorneys in article: Hartford Diocese Sues Insurer Over Abuse Cases
MEMBERSHIPS AND COMMUNITY ACTIVITIES
American Bar Association, Insurance Coverage Litigation Committee
Connecticut Bar Association, Insurance Law Section (Vice Chair and Executive Committee) and the Federal Practice Section
New Haven County Bar Association, Pro Bono Committee
New Haven Inn of Court
Connecticut Anti-Defamation League, Civil Rights Committee
Lawyers for Children America
Listed in The Best Lawyers in America® in the area of Insurance Law since 2014 (Copyright 2015 by Woodward/White, Inc., Aiken, SC)
AV® Preeminent™ Peer Review Rating by Martindale-Hubbell