Joshua L. Blosveren

Experience

Represents a manufacturer of agrochemical products in litigation and arbitration concerning its claims for insurance coverage for hundreds of millions of dollars for losses arising from thousands of lawsuits brought by individuals alleging that their exposure to client's herbicide product caused them to develop a progressive brain disorder. Won a trial against the insurers who issued the primary and umbrella policies. Zurich Am. Ins. Co. v. Syngenta Crop Protection, LLC, 2023 WL 2671799 (Del. Super. Ct. Mar. 28, 2023). Secured a precedential decision affirming the trial court's two summary judgment decisions in which the Delaware Supreme Court clarified the meaning of the terms "claim" and "claim for damages" as used in liability insurance policies. Zurich Am. Ins. Co. v. Syngenta Crop Protection, LLC, 2024 WL 763418 (Del. Feb. 26, 2024).

Represents a commodities trading company in a litigation concerning its insurance claim under a cargo policy for losses resulting from a fraudulent scheme perpetrated by the owner of the warehouse that stored the client’s legumes. Secured summary judgment for client on the issue of liability. Endurance Am. Ins. Co. v. StoneX Commodity Solutions, LLC, 2024 WL 84724 (Sup. Ct. N.Y. Cty. Jan. 8, 2024). 

Represents the directors of a clean energy and automotive company in connection with their insurance coverage claims relating to two class action litigations, one challenging the CEO’s compensation and the other challenging the board’s compensation.

Represents internet services provider in its claim for insurance coverage arising from alleged copyright violations implicating hundreds of millions of dollars. 

Represents a public agency in connection with its claim for insurance coverage arising from fires caused by Superstorm Sandy.

Successfully represented a manufacturer of agrochemical products in insurance coverage litigation concerning in excess of $150 million brought against scores of insurers in connection with nationwide class action products liability claims alleging that client’s herbicide product contaminated water sources for over 50 years. Secured favorable settlements after defeating several motions for summary judgment. Syngenta Crop Protection, Inc. v. Ins. Co. of North America et al., 2015 WL 13672170 (N.J. Super. Ct. Sept. 02, 2015)

Successfully represented a media company in an insurance coverage litigation concerning a high-profile invasion of privacy lawsuit brought by a retired professional wrestler alleging harm from the release of a sex tape. Cox Enterprises, Inc. v. Hiscox Ins. Co., Inc., 478 F. Supp. 3d 1335 (N.D. Ga. 2020)

Successfully represented the independent directors of a clean energy and automotive company in connection with their insurance coverage claims relating to a class action arising out of the company's acquisition of a current subsidiary. 

Successfully represented a communications company in connection with its insurance coverage claim for business interruption losses arising from a flood implicating thousands of customers and tens of millions of dollars. 

Successfully represented an agrochemical company in a CPR arbitration involving attempt by sole competitor in $300 million product market to drive client out of the market on the claimed basis of alleged material breach of a license agreement; obtained ruling, following a multiweek arbitral hearing, that barred competitor from challenging product registration and commercialization.  

Successfully represented a communications company in connection with its claim for insurance coverage under a representations & warranties policy for losses caused by misrepresentations made by the founders of a company acquired by the client.

Successfully represented a company in an AAA arbitration concerning its claim for insurance coverage for hundreds of asbestos premises liability claims, securing a favorable settlement after the arbitrator rejected the insurer's argument that the client had released its claims for coverage of the asbestos claims. 

Successfully represented an apparel firm in connection with its claim for insurance coverage arising from the conversion of the client’s merchandise; obtained a judgment, affirmed by the Second Circuit, that awarded the client not only the full amount of its loss but also the full amount of the fees incurred by the client in attempting to mitigate the loss. Fabrique Innovations, Inc. v. Fed. Ins. Co., 853 F. App'x 709 (2d Cir. 2021)

Successfully represented a communications company in connection with a claim for insurance coverage for losses associated with executive's embezzlement of company funds. 

Successfully represented a commercial property owner in an insurance coverage dispute arising from damage to client's property caused by construction at a neighboring property; after the trial court dismissed the client’s claim for consequential damages for breach of the implied covenant of good faith and fair dealing, HNRK secured a reversal by the Appellate Division, which in its decision articulated—for the first time—the minimal standard needed to plead a bad faith claim and confirmed that under New York law a policyholder may assert a claim for damages, including attorneys' fees, arising from an insurer’s bad faith claims handling. D.K. Prop., Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 168 A.D.3d 505 (1st Dep’t 2019)

Successfully represented an investment partnership in connection with its claim for losses suffered in connection with its investment in a special purpose acquisition company, securing a favorable settlement after defeating various motions to dismiss. Parsifal Partners B, LP v. Zugel et al., 2018 WL 3224086 (N.Y. Sup. Ct. July 02, 2018)

Successfully represented a software development company in a $25 million intellectual property dispute with the counterparty to a series of licensing agreements.

Successfully represented a property owner in his claim against an insurance broker to recover damages for negligent procurement of insurance coverage, securing a favorable settlement after obtaining a judgment, affirmed by the Appellate Division in a precedential decision, that he had properly pled a cause of action. Freundlich v. Pacific Indem. Co., 137 A.D.3d 967 (2d Dep’t 2016).

Successfully represented an upscale national eatery in connection with a claim for insurance coverage for business interruption loss arising from an alleged salmonella outbreak, obtaining payments from the client's insurer as well as its broker.

­Successfully represented former company officers in connection with a securities fraud action arising from investments in a U.S. company with China-based manufacturing operation.  

­Successfully represented former company officer in connection with claims brought by a Canadian company accusing the client of conspiring with other individuals and entities to obtain a controlling interest in a Russian oil company. Norex Petroleum Ltd. v. Blavatnik et al., 22 N.Y.S.3d 138 (N.Y. Sup. Ct. 2015)

­Successfully represented a New York City casino in a claim for coverage for business interruption losses resulting from Superstorm Sandy, securing a favorable settlement after defeating the insurer's motion to dismiss. 

­Successfully represented a distributor of flavor and fragrance products in insurance coverage litigation concluding in the client obtaining reimbursement of past payments and reallocation of pending and future cost-sharing arrangements relating to numerous personal injury claims against the client.

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