Alexis J. Rogoski
OverviewAlexis (Lex) Rogoski advises and counsels insurers on coverage issues and complex claims under directors and officers, professional liability and financial institution errors and omissions policies. He also litigates insurance coverage and bad faith cases including disputes over the applications of professional services and breach of contract exclusions, Insured v. Insured exclusions and when a claim is deemed to be first made.
Lex serves as directors and officers liability coverage counsel in matters involving securities, derivative and mergers and acquisitions litigation. He has prosecuted and defended commercial litigation, employment matters and defended FINRA arbitrations on behalf of securities broker/dealers.
Lex works with insurance carriers in the drafting of professional, directors and officers, employment practices and fiduciary liability insurance policies and endorsements and policies for private equity and hedge fund managers.
- Professional Liability Underwriters Society (PLUS), Member.
Cases of Interest
- Strategic Forecasting, Inc. v. Scottsdale Indem. Co., 2015 WL 9694796 (E.D.N.Y. Sept. 30, 2015). Professional services exclusion applied to bar coverage for a data breach suit.
- Dupree v. Scottsdale Ins. Co., 129 A.D.3d 586, 12 N.Y.S.3d 62 (N.Y. App. Div. 2015). Fraud exclusion applied upon sentencing; insurer has a right to recoup defense fess advanced.
- Paraco Gas Corp. v. Travelers Casualty & Surety Co. of America, 51 F. Supp. 3d 379 (S.D.N.Y. 2014). Ownership percentage exclusion applied to suit by shareholder.
- Guyan International, Inc. v. Travelers Casualty & Surety Co. of America, No. CIV.A. 3:10-1244, 2011 WL 6225398 (S.D.W. Va. Dec. 12, 2011). Benefits due exclusion from fiduciary liability coverage applied to claim by plan participants arising from conversion of plan assets.
- Greenman-Pedersen v. Travelers Casualty & Surety Co. of America, No. 10 CIV.2777 BSJ, 2011 WL 3796336 (S.D.N.Y. Aug. 10, 2011). Insured v. Insured exclusion applied.
- Rockcliffe v. Great American Insurance Co., 10-cv-01937 (D.N.J. June 24, 2011). Summary judgment granted to defendant with opinion delivered on the record.
- Tagged, Inc. v. Scottsdale Ins. Co., No. CIV.JFM-11-127, 2011 WL 2748682 (S.D.N.Y. May 27, 2011). Professional services exclusion applied to claim against website for unfair business practices.
- Quanta Specialty Lines Ins. Co. v. Investors Capital Corp, No. 06 CIV. 4624 (PKL), 2009 WL 4884096 (S.D.N.Y. Dec. 17, 2009). Claim deemed first made prior to policy period.
- Axis Surplus Ins. Co. v. Johnson, No. 06-CV-500-GKF-PJC, 2008 WL 4525409 (N.D. Okla. Oct. 3, 2008). Claim did not relate back to earlier claim.
- Gulf Underwriters Ins. Co. v. Verizon Communications, Inc., 32 A.D.3d 709, 822 N.Y.S.2d 8 (N.Y. App. Div. 2006). Insurer not required to arbitrate.
- Zahler v. Twin City Fire Ins. Co., No. 04 CIV. 10299 (LAP), 2006 WL 846352 (S.D.N.Y. Mar. 31, 2006). Claim deemed first made prior to policy period.
- Seneca Ins. Co. v. Kemper Ins. Co., No. 02 CIV. 10088 (PKL), 2004 WL 1145830 (S.D.N.Y. May 21, 2004), aff’d., 133 F. App'x 770 (2d Cir. 2005). Claim deemed first made prior to policy period.
- Georgia Farm Bureau Mut. Ins. Co. v. Great Am. Excess & Surplus Ins. Co., 152 F. App'x 883 (11th Cir. 2005). Benefits due and breach of contract exclusions applied.
- Jesco Const. Corp. v. NationsBank Corp., 321 F.3d 501 (5th Cir. 2003). Louisiana Credit Agreement statute bars all claims based on oral credit agreement.
- Bakali v. Golenbeski, 125 F.3d 576 (7th Cir. 1997). Rule of necessity defense waived.
- Bakali v. Golenbeski, 35 F.3d 318 (7th Cir. 1994). Qualified immunity defense raised an issue of fact for trial.
03/22/2017Skarzynski Black won summary judgment for Scottsdale Insurance Company on an apparel company’s crime coverage claim in federal court in Los Angeles on the ground that the executive who allegedly stole funds was not an Employee as defined in the Scottsdale policy.
03/20/2017Skarzynski Black won exclusion of a plaintiff’s expert report in federal court as insufficiently detailed to give fair notice of the opinions the expert would testify to at trial.
02/16/2016Skarzynski 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.
- Lex conducts CLEs and client forums on a range of topics, including insurance coverage issues, corporate witness preparation for deposition, claims handling and bad faith.