Sherilyn Pastor

Industrial machinery provider—Settlement

Represented an industrial machinery provider in litigation against a commercial property owner for its breach of a service agreement, as well as the property owner’s insurer, in order to recover amounts owed to our client for an underlying personal injury action. Recovered total amount of client’s defense costs along with an additional sum.

Amicus curiae—New Jersey Supreme Court

Represented amicus curiae in an insurance coverage case in the Supreme Court of New Jersey, arguing the losses due to COVID-19 are covered under insurance policies.

Century 21 Department Stores—Covid coverage appeal

Argued a Covid coverage appeal on behalf of Century 21 before the First Department for the full amount of Century’s business interruption coverage. Client is seeking $200 million in coverage for business interruption losses at 13 department stores in the Northeast, including New York City. 

Medical Society of the County of Erie—Amicus Brief

Representing Medical Society of the County of Erie as an amicus in Consolidated Restaurant Operations, a Covid-19 coverage matter pending before the New York Court of Appeals. 

Supreme Court of New Jersey—Amicus curiae

Represented Restaurant Law Center (RLC), appearing as amicus curiae, in an appeal to the New Jersey Supreme Court concerning insurance coverage for Coronavirus-related loss and damage. RLC argued the Appellate Division improperly disregarded Petitioner’s allegations of  physical loss or damage because of the “actual presence” of Coronavirus on its property, and the Court deviated from applicable standards by rejecting scientific evidence in the absence of an evidentiary hearing. Additionally, RLC noted that “All-Risks” insurance policies provide coverage when a physical peril renders a policyholder unable to use property for its intended purpose and when such peril affects the property’s surfaces or air, as Petitioner alleged here. 

Multinational Pharmaceutical Company—Cyber insurance recovery claim

Argued the cause for amici curiae in a cyber insurance recovery claim involving a multinational pharmaceutical company before the Superior Court of New Jersey Appellate Division. We convinced the Court that the war exclusion in an all-risk property policy is inapplicable to a cyberattack on a non-military company, even if it originated from a government or sovereign power. The court agreed that the exclusion’s plain language requires the involvement of military action. The insurers, therefore, were required to pay the $1.4 billion in damages under the “all-risk” policies.

Clear Channel Airports—Airline advertising contract negotiation

Represented Clear Channel Airports, the Americas-based airports business of Clear Channel Outdoor Holdings, Inc. (NYSE: CCO), and one of the nation’s leading airport media providers, in the negotiation of the largest airport advertising and sponsorship contract in the U.S. with the Port Authority of New York and New Jersey, and attended to significant insurance and indemnity matters involved in the deal.

Transamerica Corporation—Complete victory in dispute with former subsidiary over $1.5 billion in insurance coverage 

Complete victory in the defense of  Transamerica Corporation in a dispute with a former subsidiary (IMO Industries) regarding $1.5 billion in insurance coverage. Transamerica had purchased insurance for itself and its subsidiaries as part of a consolidated risk management approach. After a six-month trial, the court ruled in Transamerica’s favor on all claims against it, entering declaratory judgment that Transamerica’s decades-old divesture agreement left its former subsidiary liable for its own asbestos losses. The court rejected that Transamerica was responsible for deductibles, retentions or gaps in insurance coverage or was effectively transformed into a “de facto” insurer because of its risk management efforts. The Appellate Division upheld all of the trial court’s rulings and the New Jersey Supreme Court affirmed and ordered costs be paid in Transamerica’s favor. 

Wakefern Food Corp.—Recovered millions from brokers and insurer, at trial and on summary judgment, for Superstorm Sandy losses

Achieved multiple wins for the largest retailers' cooperative group of supermarkets in the nation following Superstorm Sandy.  Obtained a $15.6 million unanimous jury award against Wakefern’s former insurance consultants for having improperly advised on Wakefern’s property insurance policy’s deductible; the award was upheld by the New Jersey Appellate Division against one broker (and the other settled on a confidential basis during trial).  The jury’s verdict followed entry of $4.7 million awards against Wakefern’s insurer for failing to pay Wakefern’s inventory losses at their full sales price and for improperly taking a “make-up” credit to which it was not entitled against Wakefern’s business interruption losses.  Wakefern ultimately settled, on a confidential basis, the remaining insurer claims shortly before trial.