Bradley Nash represents policyholders in insurance disputes and other parties in complex commercial litigation in state and federal courts in New York and across the country. Brad focuses his practice on insurance recovery for policyholders, negotiating and litigating coverage disputes under policies involving commercial liability, professional malpractice, employment practices, computer fraud, and product contamination, and under other types of insurance policies. He has particular experience representing policyholders seeking coverage under directors and officers insurance policies for the defense of civil lawsuits and criminal prosecutions, an area in which he has secured a precedent-setting decision in New York state court.
Selected to serve on Law360’s Insurance Authority General Liability Editorial Board for 2023, Brad is frequently called upon as an expert on industry-breaking news by legal publications, including Law360, Bloomberg Law, and Thomson Reuters. He has lectured on insurance issues at the Federal Bar Council and the Association of the Bar of the City of New York, and writes the firm’s Coverage Corner Blog, which discusses recent decisions and other developments of interest to policyholders and their counsel.In addition to his insurance practice, Brad represents clients in a wide range of business disputes involving commercial contracts, business torts, the ownership and control of closely held entities, as well as in securities and shareholder derivative claims.
After graduating from Harvard Law School, Brad served as a law clerk to the Honorable David G. Trager of the United States District Court for the Eastern District of New York. Before joining HNRK, he practiced at Covington & Burling LLP and at Schlam Stone & Dolan LLP, where he established and led the firm’s insurance recovery practice.
- Obtained preliminary injunction on behalf of CEO of Ozy Media, Inc., directing D&O insurer to advance defense costs for defense of a criminal prosecution in the Eastern District of New York. Clear Blue Specialty Ins. Co. v. Ozy Media, Inc., ___ F. Supp. 3d ___, 2023 WL 3046796 (N.D. Cal. Apr. 20, 2023).
- Won summary judgment on behalf of a romaine lettuce producer seeking coverage under a product contamination policy for losses arising from E. coli outbreaks. GreenGate Fresh LLLP v. Houston Casualty Company, 216 A.D.3d 593 (1st Dep’t 2023).
- Obtained preliminary injunction on behalf of a hedge fund manager, directing excess D&O insurers to pay up to $15 million for defense costs in a complex federal securities fraud prosecution. Freedom Specialty Ins. Co. v. Platinum Management (NY), LLC, 2017 WL 6610417 (Sup. Ct. N.Y. Co. Dec. 27, 2017).
- Obtained TRO (and later preliminary injunction) directing D&O carrier to pay insured officer’s post-conviction defense fees, resulting in the first reported decision in New York state court granting injunctive relief against an insurance carrier for advancement of defense costs. Dupree v. Scottsdale Ins. Co., 96 A.D.3d 546 (1st Dep’t 2012).
- Currently serving as insurance coverage counsel to the Long Island Power Authority in ongoing litigation arising from Superstorm Sandy.
- Obtained defense coverage for owners of the National Lampoon brand under commercial liability and film producers liability policies.
- Successfully defended a real estate investment and management company against allegations of premium fraud by a workers’ compensation insurer, and secured coverage for a fatal injury suffered by a facilities manager.
- Represented a beneficiary of a $13 million life insurance policy in litigation over distribution of policy proceeds; the case settled on favorable terms just before trial.
- Successfully negotiated defense coverage on behalf of a U.S. film production company for proceedings in China arising from injuries suffered by a stunt actor.
- Successfully negotiated insurance coverage that facilitated the favorable settlement of a multimillion-dollar dispute between a cooperative apartment and tenant-shareholder over property damage.
- Negotiated business interruption coverage on behalf of major catering company.
- Represented policyholder seeking coverage under a computer fraud policy for losses from an $18 million Medicare fraud.
- Obtained dismissal of lawsuit against leading small business lender, arising from loans under the CARES Act and Paycheck Protection Program enacted in response to the COVID-19 pandemic.
- Obtained dismissal on appeal of an investment bank’s claim for a transaction fee arising from a failed acquisition of a Nevada gold mine. Miller Tabak + Co., LLC v. Senetek PLC, 118 A.D.3d 520 (1st Dep’t 2014).
- Representing minority owner of a Bitcoin ATM business in derivative litigation against majority owner.
- Defended a Texas-based oil and gas company in a derivative action challenging a $200 million financing transaction with a New York hedge fund. Successfully defeated a preliminary injunction motion at the outset of the case that sought to freeze the proceeds of a sale of 43 oil and gas fields in the Gulf of Mexico.
- Represented a real estate investment trust in consolidated derivative litigation against the company’s directors, in connection with the write down of a $38 million mezzanine loan.
- Defended sellers of an e-discovery business in litigation alleging fraud and breaches of representations and warranties in an asset purchase agreement.
- Represented a group of institutional investors in a novel proceeding in New York state court challenging Bank of America’s $8.5 billion settlement of claims arising from investments in mortgage-backed securities.
- Represented a foreign investment advisory firm and its principal in a civil insider trading action by the SEC. Successfully briefed a motion to release $2.7 million in client funds that were frozen by the court at the outset of the case.
News & Insights
- Is Carbon a “Pollutant”? — The Supreme Courts of Alaska and Hawaii Receive Certified Questions Regarding Scope of Pollution Exclusions in Liability PoliciesHNRK Coverage Corner, 09.15.2023
- HNRK Coverage Corner, 08.15.2023
- HNRK Coverage Corner, 08.08.2023
- Federal Court Declines to Exercise Jurisdiction Over Insurer’s Declaratory Judgment Action That Raised “Novel Issue of Ohio Insurance Law”HNRK Coverage Corner, 06.26.2023
- Bankruptcy Court Lifts Automatic Stay to Permit Officers of Silicon Valley Bank to Access D&O CoverageHNRK Coverage Corner, 06.12.2023
- E&O Policy Exclusion Bars Coverage for Negligence Claim Against Law Firm Arising from Third Party’s Misappropriation of Client’s FundsHNRK Coverage Corner, 05.29.2023
- New Jersey Appellate Court Holds That Policy’s War Exclusion Did Not Apply to State-Sponsored CyberattackHNRK Coverage Corner, 05.15.2023
- New York Court Discusses Appellate Division Split Over Recoupment of Defense Costs Under a Duty to Defend PolicyHNRK Coverage Corner, 04.10.2023
- HNRK Coverage Corner, 03.27.2023
- Ohio Supreme Court Rules Computer Software Cannot Be Subject To “Physical Loss” Or “Physical Damage” Under Insured’s Property Insurance PolicyHNRK Coverage Corner, 03.13.2023
- Criminal Acts Exclusion Bars Coverage Even Though Insured Not Charged With, or Convicted of, a CrimeHNRK Coverage Corner, 03.06.2023
- HNRK Coverage Corner, 01.10.2023
- Liability Insurer May Not Deny Defense Coverage Based On Extrinsic Evidence “Bound Up With the Merits of the Underlying Case”HNRK Coverage Corner, 12.23.2022
- Second Circuit Rules That Lower-Tier Excess Policies Were Exhausted by Below-Limits Settlement with InsuredHNRK Coverage Corner, 09.23.2022
- HNRK Coverage Corner, 05.12.2022
- HNRK Coverage Corner, 04.24.2022
- Delaware Supreme Court Rejects “Fundamentally Identical” Standard for Interpreting Related Claims ProvisionHNRK Coverage Corner, 03.22.2022
- New York Court of Appeals Rules That Disgorgement Payment to SEC Did Not Constitute an Uninsured PenaltyHNRK Coverage Corner, 11.23.2021
- HNRK Coverage Corner, 06.01.2021
- Knowledge of Risk of Hazardous Consequences Does Not Establish Intent to Cause Harm Sufficient to Bar Coverage Under CGL PolicyHNRK Coverage Corner, 02.10.2021
- HNRK Coverage Corner, 01.06.2021
- New York Federal Judge Dismisses COVID-19 Business Interruption Claim for Failure to Allege “Physical Damage to the Insured’s Property”HNRK Coverage Corner, 12.21.2020
- Lawsuit Deemed to Constitute Multiple “Claims” For Purposes of Determining Applicable Policy Period Under D&O PolicyHNRK Coverage Corner, 12.16.2020
- HNRK Coverage Corner, 12.03.2020
- Federal Court Stays Coverage Action Where Insurer’s Duty to Defend and Indemnify Is Contingent on Facts at Issue In Underlying State Court ActionHNRK Coverage Corner, 11.23.2020
- Insurer Had No Duty to Defend Complaint Alleging Intentional Assault Despite Conclusory Allegations of NegligenceHNRK Coverage Corner, 10.29.2020
- North Carolina Judge Grants Summary Judgment to Restaurant Owners on Claim for COVID-19 Business Interruption LossesHNRK Coverage Corner, 10.26.2020
- HNRK Coverage Corner, 09.23.2020
- HNRK Coverage Corner, 08.14.2020
- Second Circuit Certifies Question to Court of Appeals: Can a Discrimination Claim Based on a “Failure to Accommodate” Constitute a Covered “Occurrence” Under a CGL Policy?HNRK Coverage Corner, 04.21.2020
- Court of Appeals Grants Leave to Appeal on CGL Carrier's Duty to Indemnify Brokerage Firm for Disgorgement Payment to SECHNRK Coverage Corner, 04.14.2020
- Coronavirus and Business Interruption Claims: A Guide to Insurance Coverage for Business Losses Arising from the COVID-19 PandemicHNRK Coverage Corner, 03.30.2020
- CGL Policy’s IP Exclusion Bars Defense Coverage Despite Absence of “Direct Claims for IP Relief” in ComplaintHNRK Coverage Corner, 02.25.2020
- Courts Grants Preliminary Injunction Directing D&O Insurer to Advance Costs for Defense of Civil Fraud ActionHNRK Coverage Corner, 02.19.2020
- Property Owner Entitled to Additional Insured Coverage Under Contractor’s CGL Policy Despite No Proof of Negligence by ContractorHNRK Coverage Corner, 02.11.2020
- Contrary to Recent First Department Case Law, Federal Court Rules that Attorneys’ Fees Are Not Recoverable Consequential Damages on Claim for Insurers’ Breach of Covenant of Good Faith and Fair DealingHNRK Coverage Corner, 01.27.2020
- Insurer Ordered to Provide Defense Coverage in Copyright Infringement Action; Whether Infringement Was Intentional Cannot Be Determined in Coverage ActionHNRK Coverage Corner, 01.15.2020
- Where Parties “Clearly Intended to Cover a Risk,” Inadvertently Naming Incorrect Entity As Additional Insured Does Not Negate CoverageHNRK Coverage Corner, 12.30.2019
- Insured Properly Pleads Claim for Consequential Damages Resulting from Insurer's Refusal to Advance Business Interruption CoverageHNRK Coverage Corner, 12.13.2019
- Exclusion for “Intentional and Criminal Acts” Barred Defense Coverage for Parents Accused of “Negligent Supervision” of Minor Son Who Committed Sexual AssaultHNRK Coverage Corner, 11.26.2019
- Agreement Between Insurance Broker and Insurance Company Raises Issue of Fact as to Agency Relationship; Summary Judgment Denied As to Whether Notice to Broker Constituted Notice to InsurerHNRK Coverage Corner, 11.18.2019
- CGL Carrier Has No Duty to Defend Consumer Fraud Claims Where Complaints Do Not Allege Bodily Injury or Property DamageHNRK Coverage Corner, 11.07.2019
- Court Gives Narrow Construction to CGL Policy Exclusion for Claims Arising from “Construction or Renovation-Related Activity”HNRK Coverage Corner, 10.28.2019
- HNRK Coverage Corner, 10.10.2019
- Liability Insurers Ordered to Share in Defense Costs; Facts to Be Determining In Underlying Litigation Would Determine Which Insurer Has Duty to IndemnifyHNRK Coverage Corner, 10.07.2019
- HNRK Coverage Corner, 10.03.2019
- HNRK Coverage Corner, 09.23.2019
- HNRK Coverage Corner, 09.20.2019
- Declaratory Judgment Premature Where Duty to Indemnify Depends on Issues to Be Determined in Underlying Lawsuit Against The InsuredHNRK Coverage Corner, 09.18.2019
- California Supreme Court Rules that New York’s “No-Prejudice” Rule Is Contrary to “Fundamental Public Policy” of CaliforniaHNRK Coverage Corner, 09.16.2019
- Duty to Defend Did Not Obligate Insurance Company to Monitor Fees Charged By Defense Counsel to Prevent Exhaustion of Policy Limits Before Criminal TrialHNRK Coverage Corner, 09.13.2019
- HNRK Coverage Corner, 09.11.2019
- HNRK Coverage Corner, 09.09.2019
- Delay in Issuing Reservation of Rights Letter Did Not Waive Insurer’s Right to Disclaim Duty to DefendHNRK Coverage Corner, 08.29.2019
- HNRK Coverage Corner, 08.27.2019
- “Knowing Acts” Exclusion Did Not Excuse Duty to Defend Where Insured’s Liability Could Be Established Without a Finding of Intentional WrongdoingHNRK Coverage Corner, 07.31.2019
- “Insured versus Insured” Exclusion Did Not Preclude Coverage for Claims By Creditor Trust In Chapter 11 BankruptcyHNRK Coverage Corner, 05.07.2019
- Property Insurance Policy’s Appraisal Procedure Cannot Be Used to Resolve Legal Question Regarding Interpretation of the PolicyHNRK Coverage Corner, 04.08.2019
- Coverage Action Stayed As to Insurer’s Duty to Indemnify, But Not Duty to Defend, Pending Resolution of Underlying Civil and Criminal Proceedings Against InsuredHNRK Coverage Corner, 04.01.2019
- Evidence Inconclusive on Parties’ Intent to Name Property Owner As Additional Insured Under Contractor’s CGL Policy; Order Granting Summary Judgment ReversedHNRK Coverage Corner, 03.19.2019
- HNRK Coverage Corner, 03.11.2019
- Additional Insured Endorsement Required That Subcontract Be Executed Prior to Date of Underlying AccHNRK Coverage Corner, 02.25.2019
- HNRK Coverage Corner, 02.11.2019
- First Department Finds “No Heightened Pleading Standard” for Consequential Damages in Claim for Bad Faith Claims HandlingHNRK Coverage Corner, 02.06.2019
- HNRK Coverage Corner, 01.07.2019
- Plaintiff in Bad Faith Action Against Third-Party Insurer Entitled to Collect Amount of Judgment in Excess of the Policy LimitsHNRK Coverage Corner, 12.31.2018
- HNRK Coverage Corner, 12.28.2018
- E&O Policy May Cover Amounts Employer Was Required to Pay Because of Executive Director’s Negligent Administration of Retirement AccountsHNRK Coverage Corner, 12.27.2018
- Purchase Order Executed By Contractor Satisfies “Written Contract” Requirement of Additional Insured EndorsementHNRK Coverage Corner, 12.13.2018
- HNRK Coverage Corner, 12.12.2018
- Exclusion for Claims “Arising Out Of” Radioactive Contamination Requires “Some Causal Relationship”, Not Proximate CausationHNRK Coverage Corner, 12.10.2018
- Personal Injury Claim by Contractor's Employee Excluded from Coverage under Property Owner's CGL PolicyHNRK Coverage Corner, 12.07.2018
- HNRK Coverage Corner, 11.06.2018
- No Additional Insured or “Insured Contract” Coverage under CGL Policy Where Injuries Not Proximately Caused by the Named InsuredHNRK Coverage Corner, 10.18.2018
- HNRK Coverage Corner, 10.04.2018
- Insurer Estopped from Asserting Coverage Defense Based on Unreasonable Delay in Disclaiming CoverageHNRK Coverage Corner, 09.28.2018
- HNRK Coverage Corner, 09.27.2018
- Prior Investigation of Third Party Did Not Trigger D&O Policy's Prior and Pending Litigation ExclusionHNRK Coverage Corner, 09.26.2018
- Insureds Plead Claim for Consequential Damages Based on Insurer’s Failure to Pay Property Damage ClaimHNRK Coverage Corner, 09.02.2018
- Additional Insured Coverage Under Subcontractor’s CGL Policy Primary Over General Contractor’s Own PolicyHNRK Coverage Corner, 08.09.2018
- Unsigned Purchase Order Could Satisfy “Written Agreement” Condition of CGL Policy’s Additional Insured EndorsementHNRK Coverage Corner, 07.23.2018
- Series of Thefts by the Same Employee Constitutes a Single “Occurrence” Under “Employee Dishonesty” CoverageHNRK Coverage Corner, 07.18.2018
- HNRK Coverage Corner, 07.16.2018
- Excess D&O Policy Not Triggered Where Insured Settled Coverage Claim With Primary Insurer for Less Than the Policy LimitHNRK Coverage Corner, 07.13.2018
- Law Firm Not Entitled to Business Interruption Coverage for Contingency Fees Not Earned During Policy PeriodHNRK Coverage Corner, 07.12.2018
- Extrinsic Evidence Establishes Parties’ Intent to Name Property Owner as Additional Insured Under Contractor’s CGL PolicyHNRK Coverage Corner, 07.11.2018
- HNRK Coverage Corner, 07.10.2018
- “One cannot be a construction contractor without a construction contract”: Professional Liability Exclusion Precludes Coverage Under CGL Policy”HNRK Coverage Corner, 07.09.2018
- Additional Insured Endorsement Not Triggered Where Injuries Were Not “Proximately Caused” by Named InsuredHNRK Coverage Corner, 07.07.2018
- Commercial Liability Policy Properly Rescinded Based on Material Misrepresentation in Insurance ApplicationHNRK Coverage Corner, 07.02.2018
- Insured Not “Indispensable Party" In Insurer’s Subrogation Action Where Joinder Would Defeat Diversity JurisdictionHNRK Coverage Corner, 05.31.2018
- Property Owner Entitled to Defense Coverage as Additional Insured Under General Contractor’s CGL Policy; Fact Issues Preclude Summary Judgment on Indemnity CoverageHNRK Coverage Corner, 05.29.2018
- Injury Not Covered Occurrence under Automobile Liability and Personal Umbrella Policies Because It Was "Intentionally Caused"HNRK Coverage Corner, 05.16.2018
- Court of Appeals Rules that Additional Insureds Endorsement in General Contractor’s Liability Policy Requires Contractual PrivityHNRK Coverage Corner, 05.09.2018
- Pollution Exclusion Did Not Relieve Insurer of Obligation to Defend Personal Injury Claims by Workers at World Trade Center SiteHNRK Coverage Corner, 05.02.2018
- Indemnity Coverage for Class Action Settlement Not Affected by Covenant Not to Execute Judgment Against Insured's AssetsHNRK Coverage Corner, 04.10.2018
- HNRK Coverage Corner, 04.03.2018
- Whether School District is Entitled to Indemnity Coverage under CGL Policy for Religious Discrimination Case Depends on Questions of FactHNRK Coverage Corner, 03.26.2018
- HNRK Coverage Corner, 03.15.2018
- HNRK Coverage Corner, 03.08.2018
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