Evan Shapiro

experience

• Lonstein Law Office, P.C. v. Evanston Insurance Co., et al., 20-cv-9712 (LJL), 2022 WL 31139 (Feb. 2, 2022). Won dismissal of a lawsuit which sought a declaration of additional insurance coverage and damages for bad faith. In dismissing the action, the Court agreed with our arguments that four separate lawsuits filed against the same law firm were “related claims” even though filed in different jurisdictions, under different state laws and at different times, where all the lawsuits made similar allegations of a pattern of misconduct by a law firm on behalf of the same client (DIRECTV).  As such, coverage for the lawsuits was subject to a single limit of liability under a single insurance policy.  In addition, although the Court granted the plaintiff leave to replead, and plaintiff did so, after SMB filed a motion to dismiss the amended complaint, the plaintiff elected to withdraw the action with prejudice.
• Evanston Insurance Co. v. Napoli Bern Ripka & Assoc., 1:18-cv-07027-AKH (S.D.N.Y. June 28, 2019). Won summary judgment declaring that an EPL insurance policy does not provide coverage for judgment against insured in excess of $4 million where judgment was based on law firm’s contractual obligation to pay a share of fees earned, dismissing bad faith counterclaims based on failure to settle the underlying suit.  The Court also ruled that the insurer was entitled to recoup a share of the defense costs advanced on behalf of the insured.
• Hershko, et al. v. Troutman Sanders, et al., Supreme Court, N.Y. County, Index No. 450878/2016 (March 26, 2018). Dismissing legal malpractice action arising out of real estate transaction and lis pendens.
• Pacific Employers Insurance Co. v. Travelers Casulaty & Surety Co., et al., 136 F. Supp. 3d 211, 213 (D. Conn. 2015), amended, 2016 WL 3753049 (D. Conn. July 11, 2016), aff'd sub nom PEIC v. St. Francis Care Inc., 729 Fed. Appx. 129 (2d Cir. 2018). Obtained a favorable ruling in a case by excess umbrella carrier against primary carriers seeking declaratory relief as to scope of coverage for hospital in connection with a physician who sexually abused multiple children.
• Planetarium Travel, Inc. v. Altour International, Inc., 97F. Supp. 3d 424 (S.D.N.Y. Mar. 16, 2015), aff'd, 622 Fed. Appx. 40 (2d Cir. Nov. 19, 2015). Won dismissal with prejudice of an antitrust suit alleging per se illegal horizontal agreements, attempted monopoly and boycott in travel industry.
• Datwani v. Datwani, 42 Misc. 3d 1212(A), 984 N.Y.S.2d 631 (Table)(Sup. Ct. 2013) aff'd 121 A.D.3d 449, 994 N.Y.S.2d 88 (N.Y. App. Div. 2014), appeal denied 24 N.Y.3d 912, 26 N.E.3d 782 (2014). Won dismissal of suit by resident of France against resident of New York based on forum non conveniens in favor of litigation in India.
• Datwani v. Datwani, 2012 WL 8963102 (N.Y.Sup. Feb.2, 2012). Obtained stay of litigation in New York seeking to enforce purported agreement for the sale of stock in a privately held Indian company based on prior litigation pending in India.
• Julio & Sons Co. v. Travelers Casualty and Surety Co. of America, 684 F. Supp. 2d 330 (S.D.N.Y. 2010). Defeated plaintiffs' motion for summary judgment and won cross-motion for summary judgment that insurer properly disclaimed coverage for defense costs and indemnity based on the Insured v. Insured exclusion and late notice.
• Represented insurers with respect to coverage issues in connection with multi-district litigations attacking health care insurance industry practices.
• Represents insurers in coverage litigation and generally in evaluating applicable coverage, triggers of coverage, and allocation and aggregation of claims of sexual abuse of minors asserted against various entities including medical institutions, clubs, scouts, and other child care organizations.
• Successfully defended multiple attorney malpractice and other professional liability suits.

publications & presentations

• Lawyers Professional Liability Exposures, IRMI, January 2019 update,  Co-Author.
• American Conference Institute’s 20th National Forum on Directors & Officers and Management Liability, July 2016:
  • D&O Considerations for Private Equity and Hedge Funds, Panelist.
  • Pre-Conference Boot Camp on Fiduciary Liability Coverage: What Carriers, Brokers, Underwriters and Counsel Now Need to Know, Including With Respect to the DOL Fiduciary Rule, Co-Presenter.
• I Don't Know How She Does It: How Women Leaders in the Increasingly Demanding Insurance Industry Can Make the Most Out of Both Life and Career, American Conference Institute's Networking & Leadership Forum for Women Leaders in Insurance Defense Claims and Compliance,  July 2015, Panelist.
• Bad Faith Liability: Trends & Emerging Issues, 2015, Co-Presenter.
• Who Me? I Did Not Do Anything .... WRONG, PLUS D&O Liability Symposium: Private/Non-Profit Company Liability Exposures, 2015, Panelist.
• Developing Issues in the Law and Strategies/Considerations for Not-For Profit and Private Company Policy Wordings, 2014, Co-Presenter.
• Underwriting and Claim Handling Considerations Involving the Insurance Company Professional Liability Insurance Policy, July 2012, Co-Presenter.

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