Biography

Jeffrey M. Winn represents insurers in coverage disputes and investigations involving a wide variety of industries, policies and losses, such as property, fidelity, professional liability, directors & officers liability, fiduciary liability, general liability, and excess insurance.

Professional and Public Service

Mr. Winn is a member of the Association of the Bar of the City of New York. He is currently a member of the Judiciary Committee. He formerly served on the Committee on State Courts of Superior Jurisdiction and
its Subcommittees on Judicial Performance Evaluation, En Banc Review, Judicial Selection and Electronic Discovery.

At the City Bar, he has participated extensively in the association’s evaluation of judicial candidates for the various trial-level courts (New York, Kings, Bronx, and Queens Counties) and New York Court of Appeals (to replace Chief Judge Judith Kaye in 2008 and Associate Judge Carmen B. Ciparick in 2012).

At the City Bar, he has been heavily involved in drafting a 60-page report by the Joint Committee On Electronic Discovery advocating several amendments to the CPLR.

Mr. Winn has served as the screening panel administrator in New York County for judicial candidates at the request of the Democratic Party.

Representative Matters

His representations have included:

• Defense of fidelity insurers in an alleged employee dishonesty and bad faith action (New Jersey Federal Court).
• Defense of liability insurer and reinsurer in an alleged bad faith action (New Jersey Superior Court).
• Defense of fidelity insurers in an alleged employee dishonesty claim (Georgia Superior Court).
• Defense of fidelity insurers in an alleged employee dishonesty claim (Florida Circuit Court).
• Defense of directors & officers liability insurers in an alleged corporate waste case (Supreme Court, New York).
• Interpleader action by pollution liability insurer regarding claims arising out of a chemical spill (Supreme Court, New York). 
• Defense of fidelity insurers in multimillion dollar employee dishonesty claim arising out of collapse of a mortgage bank (Supreme Court, New York).
• Defense of a builder’s risk insurer in an $18.6 million power plant construction case (Superior Court, Connecticut).
• Defense of a property insurer in a collapsed roof and alleged bad faith case (Superior Court, New Jersey).
• Defense of umbrella insurers in construction accident claims (Supreme Court, New York).
• Defense of a liability insurer in a $1.2 million advertising injury liability suit (U.S. District Court, Southern District of New York).
• Defense of marine and storage insurers in a $57 million loss of base metal in Japan (Superior Court, New Jersey).
• Defense of all-risk insurer in claim arising out of alleged damage to a Willem de Kooning painting (Appellate Division, New York).

Significant Litigation Matters

Mr. Winn has been counsel for the successful defense in the following cases:

• George Campbell Printing Corp. v. National Union Fire Ins. Co., 937 N.Y.S.164 (N.Y. App. Div. 2012) – Reversal of summary judgment in construction accident coverage dispute.
• Greenfield v. Giambalvo, Index No. 003029/11 (Sup. Ct., Kings County, 2011) – Dismissal of three bad faith claims.
• First United Mortgage Co. Inc. v. Chaucer Holdings PLC, 2010 WL 3283525 (D.N.J. 2010) – Summary judgment dismissal of professional liability insurance and bad faith claims arising out of $80 million Ponzi scheme.
• First Trenton Indem. Co. v. River Imaging, P.A., 2009 WL 2431864 (N.J. App. Div. 2009) – Affirmance of dismissal of claim for defense costs under a directors & officers liability policy. 
• First Trenton Indem. Co. v. River Imaging, P.A., 2009 WL 2431649 (N.J. App. Div. 2009) – Reversal of summary judgment on indemnity coverage for alleged negotiated settlements under directors & officers liability policy. 
• AT&T Corp. v. Certain Underwriters At Lloyd’s London, 2009 WL 2356545 (N.J. App. Div. 2009) – Affirmance of dismissal of multimillion dollar claim under fiduciary liability policy.
• CBL Path Inc. v. Lexington Ins. Co., Index No. 14362/08 (Sup. Ct., Westchester Co. 2009) – Summary judgment dismissal of multi-million dollar alleged bad faith claim.
• Yoda LLC v. National Union, 858 N.Y.S.2d 14 (N.Y. App. Div. 2008) – Reversal of summary judgment on liability coverage for a multi-million dollar construction accident claim
• R.C. Dolner, Inc., v. My-Way Contracting Corp., 841 N.Y.S.2d 1 (N.Y. App. Div. 2007) – Affirmance of summary judgment dismissing insurance claim arising out of a collapse at the New York Hilton Hotel. 
• Time Capital Securities Corp. v. Certain Underwriters at Lloyd’s, Claim No. 121803 (March 10, 2006) – Summary judgment dismissal of arbitration involving broker/dealer professional liability claim arising out of securities trading losses. 
• Travelers Ins. Co. v. SVB Underwriting Ltd., 02 CV 4908 (S.D.N.Y., April 5, 2004) – Dismissal during expert discovery proceedings of $125.5 million fidelity claim and withdrawal of $333 million related claim. 
• Empire Blue Cross v. Underwriters at Lloyd’s, No. 125462 (Sup. Ct., N.Y. County, 2002) – Dismissal of $2.3 million fidelity insurance claim. 
• M&B Apartments v. Teltser, 745 A.2d 586 (N.J. App. Div. 2000) – Dismissal of entire bad faith action arising out of fire loss. 
• Sumo Container v. Evans, Orr, 719 N.Y.S.2d 223 (N.Y. App. Div. 2000) – Dismissal of entire bad faith action arising out of personal injury suit. 
• In re Payroll Express, 186 F.3d 196 (2d Cir. 1999) – Dismissal of $35 million fidelity/bad faith claim involving alleged theft. 
• FDIC v. Underwriters at Lloyd’s, No. 95-12701-PBS (D. Mass., Aug. 5, 1997) – Dismissal of $700,000 fidelity claim involving alleged employee dishonesty. 
• Aetna v. Kidder, Peabody & Co., No. 93/128564 (Sup. Ct., N.Y. County, 1996) – Dismissal of $50 million fidelity claim involving insider trading. 
• Frontier Ins. Co. v. State of New York, 610 N.Y.S.2d 647 (N.Y. App. Div. 1994), aff’d, 638 N.Y.S.2d 933 (1995) – Dismissal of over $10 million in defense costs in a hospital professional liability insurance dispute. 
• Donaldson, Lufkin & Jenrette v. Vigilant Ins. Co., 618 N.Y.S.2d 278 (N.Y. App. Div. 1994) – Dismissal of $40 million fidelity claim arising out of aluminum futures trading fraud. 
• Columbia Equities v. Underwriters at Lloyd’s, 589 N.Y.S.2d 411 (N.Y. App. Div. 1992) – Dismissal of large fidelity claim involving trading in derivatives. 
• U.S. Fire Ins. Co. v. General Re, 949 F.2d 569 (2d Cir. 1991) – Dismissal of hospital professional liability insurance dispute. 
• Glusband v. Fittin Cunningham & Lauzon, Inc., 892 F.2d 208 (2d Cir. 1989) – Reversal and dismissal of multimillion-dollar fidelity claim and securities trading loss.

Presentations and Publications

Mr. Winn has published many articles in various publications, including: 

• Book Review, “Young Marshall: The Making of a Supreme Court Justice,” by Larry S. Gibson, New York Law Journal (April 19, 2013).
• “No Faith in Proposed Bad Faith Legislation,” Insurance Law360 (March 27, 2013).
• Book Review, “My Beloved World,” by Sonia Sotomayor, New York Law Journal (February 19, 2013).
• Book Review, “The Last Lion: Winston Spencer Churchill: Defender of the Realm 1940-1965,” by William Manchester and Paul Reid, New York Law Journal (January 24, 2013).
• Book Review, “The Oath: The Obama White House and The Supreme Court,” by Jeffery Toobin, New York Law Journal (October 16, 2012).
• "Ethical Treatment of Policyholders -- The Legal Standards of Insurance Bad Faith In New Jersey and New York," 20121010A NYCBAR 119 (October 10, 2012).
• Book Review, "Representing the Race: The Creation of the Civil Rights Lawyer," by Kevin W. Mack, New York Law Journal (July 26, 2012).
• Book Review, “The Years of Lyndon Johnson: The Passage of Power,” by Robert Caro, New York Law Journal (June 14, 2012).
• "New York Insurance Bad Faith and Deceptive Practices Claims," New York Law Journal (May 7, 2012).
• Book Review, “Eisenhower in War and Peace,” by Jean Edward Smith, New York Law Journal (April 20, 2012).
• Book Review, “No Higher Honor: A Memoir of My Years in Washington, by Condoleezza Rice, New York Law Journal (January 5, 2012).
• Book Review, “Malcolm X: A Life of Reinvention,” by Manning Marable, New York Law Journal (August 16, 2011).
• Book Review, “On China,” by Henry Kissinger, New York Law Journal (July 6, 2011).
• Book Review, “Washington: A Life,” by Ronald Chernow, New York Law Journal (January 10, 2011).
• "Priority of Insurance Coverage Disputes," New York Law Journal (October 19, 2010).
• Book Review, “The Monuments Men: Allied Heroes, Nazi Thieves And the Greatest Treasure Hunt in History,” by Robert Edsel, New York Law Journal (January 27, 2010).
• “E-Discovery Problems Highlight Need to Amend CPLR,” New York Law Journal (January 4, 2010).
• Book Review, “Wrestling with Moses: How Jane Jacobs Took On New York’s Master Builder And Transformed The American City,” by Anthony Flint, New York Law Journal (September 9, 2009).
• “Consequential Damages and Insurance Bad Faith,” New York Law Journal (February 18, 2009).
• “En Banc Review In New York State Courts,” 63 The Record 691-699 (2008).
• “Bad Faith and First-Party Claims,” New Jersey Law Journal (December 8, 2008).
• “RICO and Insurers,” New Jersey Law Journal (October 12, 2007). 
• “Attorney’s Fees Awards and Insurance,” New York Law Journal (September 12, 2006). 
• “Moral Hazards and Insurance,” New York Law Journal (January 12, 2006). 
• “Legal Standards of Insurance Bad Faith in New York and New Jersey,” 5 Journal of Insurance Coverage 17-36 (2002). 
• “Understanding Insurance Bad Faith,” New York Law Journal (August 27, 2001). 
• “Derivative Trading Losses and Fidelity Insurance,” New York Law Journal (June 26, 1995). 
• “Jury Instructions in Fidelity Bond Cases: Discerning the Meaning of Manifest Intent,” International Insurance Law Review (March 1993). 
• “Fidelity Insurance and Financial Institutions in the Post-FIRREA Era,” 109 Banking Law Journal 149-164 (1992), reprinted in 14 Insurance Litigation Reporter 40-47 (1992). 
• “The Rules of Construction of Choice-of-Law Cases in New York,” 62 St. John’s Law Review 243-68 (1988).
• Dronenburg v. Zech: Sexual Preference Discrimination Sanctioned in the Name of Judicial Restraint, 5 Pace Law Review 847-78 (1985).

Mr. Winn has also given speeches to insurance industry professionals on a wide array of insurance issues.

Honors

While in law school, Mr. Winn published an article in and served as case notes editor of the Pace Law Review.