Mark handles complex civil litigation and specializes in litigating insurance coverage disputes in the trial and appellate courts in New Jersey and New York. He regularly represents insurers in coverage disputes involving construction defects, personal and commercial automobile liability, environmental damage, property damage, bodily injury, personal injury, advertising injury, product defect, additional insurance, indemnification, bad faith and fraud claims. In addition, his practice includes the defense of insureds in these areas of liability.
In addition to his litigation practice, Mark has extensive experience in providing opinions to insurers on coverage issues involving all types of insurance policies. Clients have also called upon him to review policy forms for compliance and to author endorsements for insurance for the construction and trucking industries.
Prior to beginning his legal career, Mark had a successful career in criminal justice, with distinguished service in the following civilian and military law enforcement agencies: Corrections Officer at Florida State Prison, 1995-1999; Duty Officer with the Florida Marine Patrol, 1993-1995; and Military Police Patrolman with the United States Marine Corps, 1987-1993.
Associate, Morgan Melhuish Abrutyn, 2001-Present
US District Court for the District of New Jersey
US District Court for the Southern District of New York
US Court of Appeals for the Second Circuit
JD, with honors, University of Florida, 2001
BA, magna cum laude, University of North Florida, 1999
Listed in New Jersey Super Lawyers – Rising Stars, 2010
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Successfully obtained summary judgment on behalf of primary insurer in action where insured sought a declaratory judgment seeking coverage for claims asserted against it for the alleged copyright infringement of a quilt design.
Successfully obtained summary judgment for a worker’s insurer in matter where Comcast contended that the insurer owed it additional insured coverage for the worker’s claim for injuries suffered in a loading accident.
In a matter of first impression, successfully obtained summary judgment on behalf of a CGL insurer denying coverage for construction defect claims, pursuant to the terms of a known loss insuring agreement.
Mark has authored seminar and presentation materials for insurer clients on many insurance-related issues, including occurrence and property damage in construction defect claims; additional insured and indemnification claims under CGL policies; the role of notice under the CGL policy; handling internet liability claims under the CGL form; no-fault claims handling under the New Jersey Automobile Insurance Cost Reduction Act; and handling New York no-fault claims.
Sunham Home Fashions, LLC v. Diamond State Ins. Co., 813 F. Supp. 2d 411 (S.D.N.Y. 2011).
Travelers Ins. Co. v. Dormitory Auth. of the State of N.Y., 732 F. Supp. 2d 347 (S.D.N.Y. 2010).
General Sec. Prop. & Cas. Ins. Co. v. New Hampshire Ins. Co., 2010 N.J. Super. Unpub. LEXIS 450, 2010 WL 771794 (App. Div. 2010).
Dupont v. New Jersey State Police, 2009 U.S. Dist. LEXIS, 2009 WL 2486052 (S.D.N.Y. 2009).
Christensen v. Fairbanks Motel & Marina, LLC, 2008 N.J. Super. Unpub. LEXIS 831, 2008 WL 373086 (App. Div. 2008).