Anthony Bartell Partner

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1 Partner T: F: Four Gateway Center 100 Mulberry St. Newark, NJ focuses on complex insurance coverage disputes and insurance regulatory matters. For more than 25 years, Anthony has helped policyholders generally major corporations secure hundreds of millions of insurance dollars. In the process, Anthony has made law in a number of cases, including Owens-Illinois, Inc. v. United Insurance Co., 138 N.J. 437, 650 A.2d 974 (1994), which established New Jersey s trigger of coverage and allocation principles, and United States Mineral Prods. Co. v. American Ins. Co., 792 A.2d 500 (N.J. Super. Ct. App. Div. 2002), which held "stub policies" provide policyholders with full additional occurrence and aggregate liability limits. Anthony represents policyholders on issues arising from every type of first-party and third-party insurance, including general liability insurance, directors & officers insurance, employment practices liability insurance, errors & omissions insurance, workers compensation/retrospective premium insurance, property insurance and business interruption insurance. He also handles disputes involving insurance producers. Anthony recognizes that litigation represents the last, and often least attractive, option for policyholders seeking the coverage for which they paid substantial premiums. He, therefore, regularly counsels policyholders purchasing coverage and reviews prospective insurance policies to determine whether they meet the policyholder s needs. When a coverage dispute arises, Anthony uses his longstanding relationships with insurer counsel to resolve the parties differences to the policyholder s satisfaction. If the parties cannot resolve their disputes amicably, then Anthony vigorously litigates or arbitrates the policyholder s claims to an equitable conclusion. He appears regularly before arbitration panels and state and federal courts throughout New Jersey and in other states. Anthony also argues insurance appeals before appellate courts nationwide, including the Third Circuit Court of Appeals and the New Jersey Supreme Court, and appears before the Insurance Departments of New Jersey and other states. PRACTICE Insurance Coverage Class Action/Multidistrict Litigation EDUCATION J.D., Harvard Law School, magna cum laude, 1986 B.A., Rutgers University, with highest honors, Phi Beta Kappa, 1983 Law Clerk to Hon. Alan B. Handler, Supreme Court of New Jersey BAR ADMISSIONS New Jersey COURT ADMISSIONS U.S. District Court, District of New Jersey U.S. Court of Appeals, Third Circuit MEMBERSHIPS & AFFILIATIONS American Bar Association Co-Chair, Excess & Umbrella Subcommittee, ABA s ICLC New Jersey State Bar Association Anthony s diverse engagements include: Representing an industrial holding company and its senior executive in a directors and officers insurance dispute arising from the alleged fraudulent conveyance of nearly $1 billion of a subsidiary s stock. On behalf of a leading global supplier of plastics and petrochemicals, supervising an asbestos coverage suit against multiple carriers, venued in New Jersey state court; the matter involved issues relating to the application of the "Assured" definition, the scope of coverage for additional Assureds, notice issues and burden of proof. Representing a major chemical company in the successful resolution after a one-week trial of a coverage action for past and future remediation costs for over 140 environmental sites throughout the U.S. Litigating a product liability insurance coverage matter for a prominent maker of petrochemicals; the action sought recovery for amounts paid in connection with claims by community water districts that their water systems were contaminated by the company.

2 Advising a manufacturing company in relation to employment practices, liability coverage and a potential bad faith claim against its insurer for the underlying compensatory and punitive damage verdict in a wrongful termination action. Anthony was among the individual winners at the Lawyers Monthly Legal Awards (2012) in the Insurance category and is perennially recognized as a New Jersey Super Lawyer ( ). Super Lawyers is published by Thomson Reuters. Click here for their methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. RECOGNITIONS Newark Insurance Coverage Group a Finalist in Litigation Department of the Year Competition NEWS 12/14/15 mentioned in Benecard Seeks Coverage For $75M Medicare Plan Suit," which appeared in Law360 05/21/15 McCarter Litigation Group profiled by the New Jersey Law Journal - Finalists for General Litigation Department of the Year 04/07/14 Newark Insurance Coverage Group a Finalist in Litigation Department of the Year Competition 03/17/14 quoted N.J. Federal Judges Work on Plan For Sandy Flood Insurance Claims, which appeared in New Jersey Law Journal 02/28/14 mentioned in Law360 NY Car Dealership Seeks Return of $2M Sandy Deductible 01/18/14 quoted in "Sandy suit: Judge backs car dealer," which appeared in Newsday 01/17/14 quoted in Law360, "NYC Dealership Wins Sandy Business Interruption Coverage" 11/15/13 quoted in Car Dealer Disputes Post-Sandy Insurance Payouts, which appeared in Newsday 08/22/12 McCarter & English and winners of Lawyer Monthly's Legal Awards for /22/10 37 McCarter Attorneys Recognized As New Jersey Super Lawyers for /31/09 43 McCarter Attorneys Recognized As New Jersey Super Lawyers for 2009 SPEAKING 06/20/16 Update on Implementation of the Food Safety Modernization Act Steven H. Weisman and Food Marketing Institute's (FMI) 2016 Legal Conference 05/20/14 Appointment of Counsel and Potential Ethical Issues That May Arise: Navigating the Murky Waters Perrin Conference 01/31/14 Hell Freezes Over: Is There Coverage? Hot Topics in Property & Business Interruption Insurance for Polar Vortex Losses Sherilyn Pastor and McCarter & English Webinar Series 11/19/13 Litigation Business Management: Controlling Legal Costs and Maximizing Efficiency ALM Conference 11/28/12 Getting the Most Out of Your Insurance Policies

3 Controlling Legal Costs, The University Club, New York NY 01/01/04 Stub Policies and the Annualization of Multi-Year Policies: The Lowdown on Liability Limits Mealey's Second Annual Advanced Insurance Coverage Conference 01/01/02 D&O Coverage Litigation and Bankruptcy: Help - I'm Not a Bankruptcy Lawyer! Mealey's Changing Face of D&O and E&O Conference 02/24/98 Y2K Insurance Issues Northern New Jersey Y2K Users Group EVENTS 01/31/14 Hell Freezes Over: Is there Coverage? Hot Topics in Property and Business Interruption Insurance for Polar Vortex Losses Webinar /19/13 Leveraging Your Insurance to Minimize Litigation Costs 09/12/11 Hurricane Irene Webinar: Tips and Strategies for Submitting Claims & Maximizing Insurance Coverage for Property Damage, Business Interruption, and Pre-Storm Preventive Measures PUBLICATIONS 05/16/16 New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies 05/11/16 Product Recalls and Insurance: Considerations to Maximize Covered Expenses 04/13/16 Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy M&E Cybersecurity & Data Privacy Alert 02/16/16 Policyholders Beware: Failure to Give Timely Notice, as Soon as Practicable During a Claims-Made Policy's Effective Dates or Discovery Period, May Void Coverage Even When an Insurer Is Not Prejudiced, Adam Budesheim, Joseph J. Cherico, Louis A. Chiafullo, J. Wylie Donald, Ira M. Gottlieb, Gregory H. Horowitz, Nicholas M. Insua, Daniel J. Kelly, Thomas W. Ladd, Joann M. Lytle, Brian J. Osias, Sherilyn Pastor, Gita F. Rothschild and Steven H. Weisman 11/09/15 Court Extends Kemper Insurance Company s Contingent Claims Filing Deadline 11/04/15 Food and beverage industry target of new supply chain composition and disclosure suits. Are you covered? 10/21/15 Food Recall Events: The Importance of Evaluating Your Insurance Coverage Before a Voluntary and Mandatory Food Recall - 10/07/15 Kemper Insurance Company Contingent Claims Filing Deadline Is Fast Approaching: What You Need To Know - 01/26/15 Preparing for and Recovering from Winter Storm Juno - Insurance Coverage Alert 01/27/14 Not All Policies Are Created Equal: Evergreen State Appeals Court Blocks Policyholder Reach to Excess Insurance After Settlement With Primary Insurer 01/27/14 Coverage for Investigations and Conflicting Endorsements: Syracuse University Decision is Great for Policyholders

4 02/28/13 New York and New Jersey Announce Mediation Program for Superstorm Sandy Related Insurance Claims 11/30/12 Review Your Insurance Policies Before Filing Sandy-Related Claims 11/02/12 Good News for Homeowners: Insurers Cannot Charge Hurricane Deductibles 10/29/12 Preparing for and Recovering from a Hurricane 10/29/12 McCarter Forces Primary Insurer to Pay Insured s Silica and Asbestos Defense Costs 10/29/12 Supreme Court of California Allows Policyholder to Stack Insurance Policies to Maximize Coverage 04/13/12 Law Schools Under Fire for False Advertising -- Insurance Cover for These Recent Lawsuits 12/07/10 Certiorari Granted on December 6, 2010, in Connecticut v. American Electric Power J. Wylie Donald,, Joseph J. Cherico, Louis A. Chiafullo, Ira M. Gottlieb, Gregory H. Horowitz, Thomas W. Ladd, Joann M. Lytle, Brian J. Osias, Sherilyn Pastor, Gita F. Rothschild and Steven H. Weisman M&E Climate Change & Renewable Energy Alerts 12/01/10 Insurance Coverage Combined Alerts 08/30/10 Prevailing Policyholder In New Jersey Coverage Action Entitled To Counsel Fees Incurred In Competing Out-Of-State Lawsuit 08/03/09 Notice and Reporting Requirements in Claims-Made and Claims-Made-and-Reported Policies: A Potential Trap for Both Courts and Policyholders and Craig W. Davis LexisNexis Emerging Issues Analysis 05/08/09 NJ Governor Corzine Signs Site Remediation and Reform Act-Implications for Consultants, Insurance Policyholders, Brokers and Underwriters M&E Client Alert 04/01/04 Directors & Officers Insurance and Bankruptcy- Whose Insurance Policy Is It Anyway? and Steven H. Weisman Metropolitan Corporate Counsel 06/01/03 Stub Insurance Policies: Are You Getting What You Pay For? and Steven H. Weisman Commerce Magazine 01/01/03 Stub Policies: In For a Penny, In For a Pound and Steven H. Weisman Environmental Claims Journal 09/01/02 Stub Policies: In for a Penny, In for a Pound Environmental Claims Journal/Vol. 14, No. 4 05/01/01 Builders, Subcontractors And Architects: Finding Insurance Coverage For Mold Litigation - Expected or Intended/Trigger of Coverage Mealey s Litigation Reports: Mold, Vol. 1, No. 5 04/01/01 Builders, Subcontractors And Architects: Finding Insurance Coverage For Mold Litigation -- Business Risk Exclusions

5 Mealey s Litigation Reports: Mold, Vol. 1, No. 4 03/01/01 Builders, Subcontractors and Architects: Finding Insurance Coverage for Mold Litigation Ira M. Gottlieb and 01/01/01 Mealey's Toxic Tort & Environmental Insurance Mealey's Toxic Tort & Environmental Insurance 01/01/01 A Multi-Family Owners' Guide to Handling Mold Claims and Litigation, Judith Steinman 02/28/95 Liability Insurance Trigger And Allocation For Continuous Occurrence Decided - - At Least For Now: Owens-Illinois, Inc. v. United Ins. Co. Mealey s Litigation Reports: Insurance, Vol. 9, No. 16 Copyright 2016 McCarter & English, LLP. All Rights Reserved