People

Edward Carleton

Edward C. Carleton

Principal
New York
212.820.7710
212.820.7740

Overview

Edward (Ted) Carleton is insurance coverage and litigation counsel for domestic and international insurers. He focuses on directors and officers, errors and omissions, representations and warranties, fiduciary, employment practices, technology, first-party property and commercial general liability matters. Additionally, Ted represents clients, both insurance companies and businesses, in professional liability litigation, commercial and bankruptcy matters.



Honors

  • New York Super Lawyers, Rising Stars, 2014-2016



Professional Associations

  • Association of the Bar of the City of New York, Member.
  • American Bar Association, Tort, Trial and Insurance Practice Section, Professional Liability Insurance Committee (2016 - 2017), Vice-Chair.

Cases of Interest

  • Tagged, Inc. v. Scottsdale Ins. Co.No. CIV. JFM-11-127, 2011 WL 2748682 (S.D.N.Y. May 27, 2011). Obtained dismissal of a lawsuit seeking coverage for fees the plaintiff incurred defending and settling an investigation by the New York Attorney General into whether the plaintiff's social networking website facilitated sexually predatory behavior. Dismissal was princpally based on the policy's professional services exclusion.
  • Greenman-Pedersen, Inc. v. Travelers Casualty & Surety Co. of America, No. 10 CIV. 2777 BSJ, 2011 WL 3796336 (S.D.N.Y. Aug. 10, 2011). Obtained dismissal of coverage lawsuit brought by one company executive against other company executives arising out of an unsuccessful acquisition. Successfully argued that the policy's "Insured v. Insured" exclusion applied to preclude coverage.
  • Succesfully obtained summary judgment via bench ruling in coverage action by relying on the policy's notice provision in New Jersey state court.
  • Defended multi-national CGL carrier in a coverage action arising out of a products liability related wrongful death where complicated issues have arisen concerning parent-subsidiary indemnity and the associated effects on coverage.

Results

  • 02/16/2016
    Skarzynski Black won summary judgment in favor of Scottsdale Indemnity Company. See, Strategic Forecasting, Inc. v. Scottsdale Indem. Co., No. 12CV5389JMAARL, 2015 WL 9694796 (E.D.N.Y. Sept. 30, 2015). Strategic Forecasting involved a data breach class action filed against the Insured (“Stratfor”), an operator of a web-based purveyor of geo-political intelligence content and analysis. SB’s client, Scottsdale, issued a D&O Policy to Stratfor. Stratfor sought coverage for the class action; Scottsdale denied coverage arguing that the Scottsdale Policy’s broad-form professional services exclusion, which excluded coverage for all claims “arising out of” professional services, precluded coverage for the class action. Scottsdale maintained that the operation of a website was inherently a professional service, and claims arising out of the website’s negligent operation were therefore excluded from coverage.

Publications

Firm Events

  • 05/17/2017
    Ted Carleton will speak at the 13th Annual ExecuSummit Conference in Uncasville, Connecticut on May 17, 2017.  Ted is participating on a panel entitled “Recent Developments in Private Equity Litigation.” 
  • 03/14/2017
    Bruce Foudree and Ted Carleton will participate in a panel on “Insuring the Gig Economy” at the National School on Market Regulation in St. Petersburg, Florida on March 14, 2017.  The National School on Market Regulation is the leading school on insurance market regulation and is attended by 300 industry leaders and regulators.  The panel discussion will address insurance regulatory and coverage issues unique to gigs, or sharing economy participants.
     
  • 05/18/2016
    Edward (Ted) Carleton will speak at the 12th Annual D&O Liability Insurance ExecuSummit on May 18, 2016 at the Mohegan Sun Convention Center & Hotel in Uncasville, CT. For more information, click here.