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.
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 a 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 (Sup. Ct. N.Y. Cty.).
- Obtained a TRO (and later a preliminary injunction) directing a D&O carrier to pay the insured’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 (1st Dep’t).
- Currently obtaining defense coverage for owners of a major media company under commercial liability and film producers liability policies.
- Representing romaine lettuce producer seeking coverage under a product contamination policy for losses arising from an E. coli outbreak.
- 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.
- Negotiating 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.
- Representing a leading small business lender in litigation arising from loans under the CARES Act and Paycheck Protection Program enacted in response to the COVID-19 pandemic.
- 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.
- Obtained dismissal on appeal of an investment bank’s claim for a transaction fee arising from a failed acquisition of a Nevada gold mine (1st Dep’t).
- 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
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