Jerry A. Cuomo Member New Jersey
Phone: 973.623.2700 Fax: 973.623.4496 jcuomo@lcbf.com

Jerry is frequently called upon by insurers for pre-litigation advice in assessing their rights and obligations under primary and excess liability, property, errors & omissions and media insurance policies.  He also represents insurers across the country in lawsuits concerning diverse issues, including:

  • Additional insured status.
  • Coverage for major construction defects.
  • Coverage for the nationwide multi-million dollar mass tort liabilities of international corporations.

Jerry also has extensive experience in the areas of aviation, maritime, cargo and transportation insurance coverage.

Jerry was honored as a New Jersey Super Lawyers - Rising Star for 2012.  Super Lawyers is published by Thomson Reuters. A description of their selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

His significant practice outside of the insurance field encompasses trial and appellate court litigation in the areas of insurance broker and agent liability, constitutional law, commercial law, and construction defect.  He also practices outside the litigation arena, with primary responsibility at the firm for preparing the worldwide product distribution and trademark licensing agreements of one of the firm’s major international clients and counseling the client on any disputes or issues arising under those agreements.

Examples of Jerry’s favorable results for his clients include:

  • Obtaining summary judgment in the U.S. District Court for the Eastern District of Virginia, dismissing a lawsuit against Freddie Mac alleging breach of contract in connection with its procurement of quality assurance software.
  • Obtaining summary judgment in numerous lawsuits in the New York and New Jersey courts seeking contribution or reimbursement from co-insurers to the costs of defense, or to settlements and judgments, arising from significant claims involving construction defects and construction site bodily injuries.
  • Obtaining summary judgment in the U.S. District Court for the Eastern District of North Carolina, dismissing a lawsuit against Amtrak alleging discrimination in connection with the sale of Amtrak’s USA Rail Pass, which ruling was affirmed by the U.S. Court of Appeals for the Fourth Circuit.
  • Obtaining summary judgment in the U.S. District Court for the District of New Jersey, dismissing claims against an insurance broker in connection with an alleged premium finance scheme, which ruling was affirmed by the U.S. Court of Appeals for the Third Circuit.
  • Successfully negotiating a complex and comprehensive settlement agreement concerning the handling of, and insurance coverage for, thousands of asbestos bodily-injury claims against an international conglomerate arising from its acquisition of the operations of several global engineering and construction businesses.

For additional information on Jerry’s experience, see his Representative Cases below.

After graduating from Seton Hall University School of Law, Jerry clerked for the Hon. Lawrence M. Lawson, Assignment Judge of the Superior Court of New Jersey, Monmouth County.

Representative Cases

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Representative Cases

  • Del Savio Masonry Corp. v. American Empire Surplus Lines Ins. Co.; Avalon WP I et al. v. American Empire Surplus Lines Ins. Co. (Supreme Court, Bronx, County) (granting insurer client summary judgment that it did not have a duty to defend or indemnify two insureds on the ground that the insureds failed to provide timely notice of the occurrence of the underlying accident)

  • Adeptech Systems, Inc. v. Federal Home Loan Mortgage Corp., 2011 WL 6820184 (E.D.Va. 2011), aff’d, 2012 WL 6720927 (4th Cir. 2012) (obtained affirmance of summary judgment on behalf of Freddie Mac dismissing plaintiff software vendor’s multi-million dollar breach of contract, tortious interference and conspiracy claims)

  • Continental Ins. Co. v. Wheelabrator Technologies, Inc., 960 N.E.2d 157 (Ind. Ct. App. 2011) (successfully obtained declaration on appeal that defendants did not obtain insured status via various corporate transactions under client insurer’s policies)

  • Amgro, Inc. v. Lincoln General Ins. Co., 361 Fed. Appx. 338 (3d Cir. 2010) (successfully obtained affirmance of District Court’s grant of summary judgment dismissing defendant insurer’s third-party conspiracy, unjust enrichment and tortious interference claims against client insurance broker)

  • Stellar Mechanical Services and American Empire Surplus Lines Ins. Co. v. Merchants Insurance Co., 74 A.D.3d 948 (2d Dep’t 2010) (successfully obtained declaration on appeal that defendant insurer was obligated to defend plaintiff insured in underlying personal injury action)

  • Metta Builders and American Empire Surplus Lines Ins. Co. v. Erie Insurance Exchange et al., 2008 WL 2520828 (App. Div. 2008) (successfully obtained declaration that defendant insurer was obligated to indemnify a co-defendant in the underlying personal injury case)

  • Sharpe v. National R.R. Passenger Corp. (Amtrak), 241 Fed. Appx. 997 (4th Cir. 2007) (successfully obtained affirmance on appeal of District Court’s grant of summary judgment to Amtrak dismissing plaintiff’s claim that Amtrak’s USA Rail Pass pricing and sales policies discriminated against him on the basis of his US citizenship)

  • S&R Development Estates, LLC v. Bass, 588 F.Supp.2d 452 (S.D.N.Y. 2008) (successfully obtained dismissal of plaintiff developer’s due process, takings, and equal protection claims against municipal defendants arising from various land use decisions)

  • Frooks v. Town of Cortlandt, 997 F. Supp. 438 (S.D.N.Y. 1998), aff’d, 182 F.3d 899 (2d Cir. 1999) (successfully obtained affirmance on appeal of District Court’s grant of summary judgment to defendant municipality dismissing plaintiff’s constitutional challenges to various land use decisions)

Back to Jerry A. Cuomo Bio

Practice Areas

Admissions

New Jersey, 1996
New York, 1997
U.S. District Court District of New Jersey
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. District Court Northern District of New York
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals 4th Circuit

Published Works

Chair, New York State Bar Association Presentation, 2010 Insurance Coverage Update: Insurance Coverage Issues in the Commercial General Liability Policy – Emerging Issues for the Next Decade (June 25, 2010)

Casenote - The Use of “One Year Out” Clauses in National Basketball Association Player Contracts Is Not a Per Se Circumvention of the League's Salary Cap Provisions - Bridgeman v. National Basketball Association: in re Chris Dudley, 5 Seton Hall J. Sport L. 165 (1995)

Survey of Recent Developments in Sports Law, Civil Rights, Qualified Immunity - Guffey v. Wyatt, 18 F.3d 869 (10th Cir. 1994), 5 Seton Hall J. Sport L. 663 (1995)

Associations and Professional Activities

New York State Bar Association, Tort, Insurance and Compensation Law Section

Honors and Awards

New Jersey Super Lawyers - Rising Star, Insurance Coverage, 2012 [see text to the left]

Education

J.D., Seton Hall University School of Law, Newark, New Jersey, 1996
Notes and Comments Editor, Seton Hall Journal of Sports Law

B.A., Cum Laude,  Providence College, 1993