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  • J.D., Rutgers School of Law - Camden, with highest honors, 2000
  • B.A., Yale University, 1996

    Recipient, Paul C. Ireton Memorial Award, 2000 (highest cumulative G.P.A. in law school graduating class)

    Law Clerk, Associate Justice Jaynee LaVecchia, Supreme Court of New Jersey, 2003-04

Bar Admissions

  • New Jersey
  • Pennsylvania

Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York

Memberships & Affiliations

American Bar Association

Co-Chair, Excess & Umbrella Subcommittee, ABA Section of Litigation Insurance Coverage Litigation Committee

Insurance Law Section of the New Jersey State Bar Association, Legislative Chair, 2010-12, Secretary 2012-13, Vice Chair 2013-14, Chair 2014-15

Pro Bono Committee, New Jersey State Bar Association, Vice-Chair, 2017-2018

Advisory Committee NJ Law Journal – New Partner Forum 2012, Member

CGL Reporter Editorial Board

Morris County Bar Association

New Jersey State Bar Association

Pennsylvania Bar Association

Yale Latino Alumni Association

Nicholas M. Insua

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  • T: 973.639.6988
    F: 973.297.6640
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Nick is a commercial litigator. His practice focuses on insurance recovery litigation and counseling exclusively on behalf of policyholders. Nick also represents clients in business disputes outside of the insurance coverage context.

In his insurance recovery practice, Nick’s represents policyholder clients on catastrophic first-party property damage and business interruption claims. He is the co-author of the book, Business Income Insurance Disputes, a leading treatise on business interruption and time-element insurance issues. In his liability coverage work, Nick represents companies and executives under D&O and E&O policies. Nick has handled matters under general liability insurance policies for all manner of underlying claims; as well as under employment practices liability policies, inland marine insurance policies, and fidelity and crime policies. Nick has also worked on reinsurance arbitrations, including domestic and foreign confidential arbitrations.

In Nick’s commercial litigation practice, he has represented former business partners in disputes involving RICO and Lanham Act claims; a dispute between former corporate affiliates involving the interpretation of the former subsidiary’s distribution agreement; and disputes involving contractual and creditor rights.

Nick’s experience includes all phases of litigation, up to and including trial. He has successfully gone to verdict for his clients on both jury and non-jury trials, an increasing rarity in contemporary commercial ligation. He has appeared in state and federal courts throughout the country, including New Jersey, Pennsylvania, New York, California, Connecticut, Louisiana, Massachusetts, Mississippi, Nebraska, North Carolina, Tennessee, Virginia, and Wyoming. He has also handled several appeals for clients on both insurance and commercial litigation matters in both state and federal appellate courts.

Nick is a frequent author and lecturer. His articles have been cited in court decisions including Am. Nat. Prop. & Cas. Co. v. Wyatt, 400 S.W.3d 417 (Mo. Ct. app. 2013); NGM Ins. Co. v. Carolina’s Power Wash & Painting, LLC, 2010 WL 146482 (D.S.C. Jan. 12, 2010); and In re Idleaire Tech. Corp., 2009 WL 413117 (Bankr. D. Del. Feb. 18, 2009). He has been a guest lecturer on Environmental Insurance Law at Rutgers School of Law – Camden and an Adjunct Professor at Seton Hall University School of Law, where he taught Commercial Law Survey. Nick is a former Chair of the Insurance Law Section of the New Jersey State Bar Association, and currently is part of its Executive Committee.

Nick is also Chair of McCarter’s Pro Bono Committee. As Chair, he works closely with McCarter’s Pro Bono Director to effectuate and support all aspects of the operation of McCarter’s award-winning pro bono practice. He oversees and supervises attorneys in all of McCarter’s offices, and interacts with McCarter’s partner organizations to ensure the continued success of the program. In his own pro bono practice, Nick has represented clients seeking asylum in the United States, and is leader of the firm’s pro bono asylum practice group. After Superstorm Sandy, Nick worked with Volunteer Lawyers for Justice and other organizations to bring insurance coverage support to those in need. He drafted a manual focused on insurance coverage issues that was distributed to victims of the storm, and a second manual designed for lawyers assisting those victims. He also worked on and supervised nearly a dozen pro bono insurance coverage matters taken on by McCarter attorneys related to Sandy. In addition, Nick has handled impact pro bono litigation while at McCarter, including teaming with the ACLU of New Jersey to overturn city ordinances that criminalized seeking food or monetary assistance. As a result of that litigation, the ordinances were eliminated and a donation was made to a local organization supplying meals and other services to the homeless. Nick is a member of the Pro Bono Standing Committee of the New Jersey State Bar Association.

Representative Matters

IMO Industries Inc. v. Transamerica Corp. et al., (N.J. App. Div.), On Appeal From Superior Court of New Jersey, Morris County
Trial counsel to former parent of plaintiff, which sought to hold client responsible for underlying asbestos liabilities under contract, implied contract and de facto insurer theories. Plaintiff sought damages in excess of $500 million. Nick oversaw a team of 10 attorneys and four paralegals through all pre-trial and trial activities. He also second-chaired the second phase of trial, which lasted nearly three months. After post-trial hearings on New Jersey allocation law, we won judgment on all claims.
PNY Technologies, Inc., et al. v. Twin City Fire Ins. Co., (3rd Cir.)
Counsel to Parsippany-based technology company and its European subsidiary in D&O case. Clients seek coverage for liabilities in excess of $50 million arising from underlying unauthorized derivative transactions based on fluctuations in currency exchange rates. Discovery is in its final stages and the parties await a dispositive briefing schedule. Nick has taken all depositions and defended the deposition of the client’s lead counsel in France. This matter is currently on appeal to the Third Circuit from the District of New Jersey.
National Indemnity Co. v. Companhia Siderurgica Nacional S.A., et al., No. 2:15-cv-00752-JLL-JAD (D.N.J.)
Represent reinsurance intermediary in dispute between domestic retrocessionaire, reinsurance company, and policyholder, related to foreign property loss and demand for payment in relation to resulting settlement.
Continental Cas. Co. v. Steadfast Ins. Co., (Pa. C.C.P. Allegheny Cty.)
Represent policyholder as intervenor in a dispute between a captive foreign reinsurer and domestic boiler & machinery insurer related to first-party property loss; dispute involved proper interplay between domestic boiler & machinery policy and retention in master global property program through captive reinsurer.
Water Application Distribution Group v. Reliance Insurance Company in Liquidation, No. 5 REL 2014 (Pa. Commw. Ct.)

Counsel to Washington-state-based policyholder in proceedings in the Reliance liquidation before the Commonwealth Court to dispute amended notices of determination that decreased prior notices of determination issued by the Liquidator. After filing objections in the Commonwealth Court, reach amicable resolution with Liquidator.

Danaher Corp. v. Travelers Indem. Co., (S.D.N.Y.)
Plaintiff’s counsel in insurance coverage dispute regarding costs associated with hundreds of personal injury cases. Nick drafted all briefs and was involved in deposition preparation and strategy. We prevailed on summary judgment motion requiring Travelers to pay all past and future defense costs of its former subsidiary. Currently pending is Danaher’s motion for contempt for Defendant’s failure to comply with the summary judgment order.
Stonehenge Capital Co., LLC v. Am. Int’l Specialty Lines Ins. Co. n/k/a Chartis Specialty Ins. Co., (S.D. Ohio)
Counsel to investment firm seeking coverage under D&O liability policy for underlying claims arising from alleged movie deal. Successfully negotiated favorable resolution with insurance company. Nick conducted all direct negotiations with the insurer while coordinating with defense counsel in the then-ongoing underlying action.