Adam M. Smith

Partner

(212) 612-4995
88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
Direct (212) 612-4995
Fax (212) 480-3899
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962
Direct (212) 612-4995
Fax (973) 267-6442
88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962

Adam Smith is a Partner in the Firm’s Insurance and Reinsurance Services Group.

Mr. Smith concentrates his practice in the areas of insurance and reinsurance coverage litigation, litigating complex insurance coverage disputes on behalf of insurers and reinsurers in jurisdictions across the nation at the trial and appellate level. He has litigated matters and counseled clients with respect to a wide variety of claims concerning comprehensive general liability, professional liability, directors and officers, employment practices liability, errors and omissions, medical stop loss, speciality lines and first party property insurance policies.

Adam has represented numerous clients regarding professional liability claims, including issues related to the application of “business risk” exclusions, coverage for prior acts and rescission. In addition, Adam has provided representation to his clients for general liability policies involving asbestos pollution, toxic torts and construction exposures. Adam also has extensive experience representing insurers in bankruptcy court, both defending claims against insurance policies and prosecuting claims against bankrupt estates.

Adam has utilized his extensive insurance experience to identify early opportunities for favorable settlements for his clients. When early settlement is not preferred or possible, Adam has litigated coverage disputes on behalf of his clients against some of the largest Fortune 500 companies in the manufacturing, financial institution and chemical industries. Adam also has experience with commercial disputes. His clients have relied upon his expertise to resolve construction, employment and partnership dissolution disputes.

Prior to joining Coughlin Midlige & Garland in March 2005, Adam was a Partner at a well-established international law firm where he concentrated his practice in the areas of insurance coverage litigation, product liability and professional malpractice. 

Adam is a frequent speaker at events organized by the American Bar Association, the CPCU Society and other organizations.

REPRESENTATIVE MATTERS

  • Representation of insurer in multi-national litigation in U.S. and Europe seeking coverage for intellectual property claims and damages for bad faith.
  • Counsel to insurer for employment and director and officer liability exposures arising out of alleged immigration violations by policyholders.
  • Represented an insurer in a complex bankruptcy proceeding to recover a multi-million dollar claim from the Debtor while defending ancillary claims against the insurers’ policies. 
  • Counseling clients and litigating matters related to insurance coverage for mass tort, lawyers professional liability, construction and financial institution claims.
  • Litigated declaratory judgment action concerning lawyers professional liability policies.
  • Litigated numerous matters related to insurance coverage for asbestos bodily injury claims, including in the bankruptcy context.
  • Counseled and litigated on behalf of insurers concerning medical stop-loss coverage disputes.
  • Represented insurers and their insureds with regard to risk transfer issues arising out of large construction projects. 

Speaking Engagements

Speaker, “‘What Did They Know and When Did They Know It?’ The Labyrinth of Issues Arising From Prior Acts and Knowledge Under Claims Made Policies,” Coughlin Midlige & Garland LLP’s CLE Seminar on Emerging Issues in Insurance Coverage (October 22, 2019)

Speaker, “Practical Pointers for Deposition Preparation & Testimony,” London, England (June 13, 2018)

Speaker, “When does a ‘claim’ ‘relate back’ under claims made policies?,” Coughlin Midlige & Garland LLP’s Seminar on Emerging Issues in Insurance Coverage (May 10, 2018)

Speaker, “Catastrophic Verdicts: Malpractice Trends Arising out of Low Limit/High Exposure Cases,” ABA’s National Legal Malpractice Conference (April 26, 2018)

Co-Presenter, “Technology and its Hidden Exposures,” presented at CPCU Society I-Day (October 20, 2006)

In the Media:

“Bad Faith Claims Trend Threatens Insurer Attys, Panel Says,” Law360 (April 26, 2018)

Publications and Presentations

Author, “Types of Reinsurance Contracts,” Thompson Reuters Reinsurance Professional’s Deskbook – A Practical Guide (2015)

Author, “Additional Insured Issues in the Construction Industry,” published and presented at the New Jersey Construction Conference – Insurance Coverage Delays and Disuptes (September 16, 2014)

Co-Author, “Scope of Coverage,” ABA’s The Handbook on Additional Insureds (2012)

Co-Author, “Bad Faith Under a Commercial General Liability Policy,” ABA’s The Reference Handbook on the Comprehensive General Liability Policy (2010)

Author, “The Unexpected Excess Verdict: Insurance Obligations Related to the Posting and/or Payment of Premium of an Appeal Bond,” published and presented at ABA’s TIPS Insurance Coverage Litigation Committee 2008 Mid-Year Meeting (February 2008)

Author and Presenter, “New Technologies and the Perils They Create,” published and presented at ABA’s Insurance Coverage Litigation CLE Seminar (March 2-4, 2006)

Awards and Honors

Selected for inclusion in Best Lawyers in America©(2024 – 2025). Their selection methodology is available here.  No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)

Memberships

Member, American Bar Association

Member, Defense Research Institute

Member, New York State Bar Association

Member, New Jersey State Bar Association

Member, New Providence Board of Education (1999 – present); President, New Providence Board of Education (2001-2005)

Member, Professional Liability Underwriting Society

News

88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
Direct (212) 612-4995
Fax (212) 480-3899

350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962
Direct (212) 612-4995
Fax (973) 267-6442
Services
Education
  • Fordham University School of Law, (J.D., 1994)
  • University of Massachusetts, Amherst, (B.A., 1990) 
Professional Admissions
  • Supreme Court of the United States (2001)
  • United States Court of Appeals for the Second Circuit (2014)
  • United States Court of Appeals for the Third Circuit (1997)
  • United States Court of Appeals, District of Columbia (2015)
  • United States District Court for the District of New Jersey (1994)
  • United States District Court for the Eastern District of New York (2010)
  • United States District Court for the Southern District of New York (2010)
  • State of New Jersey (1994)
  • State of New York (1995)