P.O. Box 1917
Morristown, NJ 07962
Direct (973) 631-6011
Fax (973) 267-6442
rmuilenburg@cmg.law 88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
Direct (973) 631-6011
Fax (212) 480-3899
P.O. Box 1917
Morristown, NJ 07962
88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
Robert Muilenburg is a Founding Partner of Coughlin Midlige & Garland LLP and a member of the Firm’s Insurance and Reinsurance Services Group.
Mr. Muilenburg’ s practice concentrates in insurance coverage, environmental, construction and commercial litigation. Mr. Muilenburg focuses on litigation in New York and New Jersey State and Federal courts but also handles disputes throughout the country. Although he seeks early resolution of disputes, Mr. Muilenburg also has trial experience and has acted as lead counsel in both jury and bench trials. He has successfully argued before Appellate courts throughout the country.
AREAS OF REPRESENTATION
Insurance
- Litigates matters and counsels insurers on a wide range of insurance coverage issues, with an emphasis on disputes arising out of environmental, asbestos exposure, construction defects, professional liability, additional insured claims, directors & officers liability and general liability.
- Successfully argued insurance coverage cases before New York and New Jersey state and federal courts involving issues including priority of coverage, allocation, number of occurrences, recoupment of defense costs, duty to cooperate and additional insured coverage.
- Recently prevailed on number of occurrences issue in NFL concussion coverage litigation.
- Recently prevailed in an arbitration on summary judgment on the scope of professional services and the application of a safety exclusion.
- Recently prevailed before the New Jersey Appellate Division on enforcement of a percentage shareholder exclusion in a directors and officers policy.
Environmental
- Represents a broad spectrum of commercial and industrial companies in environmental disputes focusing on environmental contamination and toxic tort litigation.
- Defends companies in federal CERCLA, New York Navigation Law, and New Jersey Spill Act cost recovery claims involving soil and groundwater contamination arising out of industrial operations and leaking underground storage tanks.
Commercial and Commercial
- Represents contractors in construction litigation.
- Represents contractors in personal injury litigation.
- Litigates and arbitrates breach of contract actions and claims for property damage.
Recent Seminars
- New York Law Bad Faith CLM presentation, Spring 2023
- New York Fair Claims Practices, Fall 2023
Education
- George Washington University, The National Law Center (J.D., with honors, 1987)
- Member, Moot Court Board and National Moot Court Team (1986-1987)
- Hamilton College (B.A., magna cum laude, 1984)
Professional Admissions
- United States District Court for the District of Colorado (1989)
- United States District Court for the District of New Jersey (1992)
- United States District Court for the Northern District of New York (2002)
- 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 (1992)
- State of New York (2010)
- State of Colorado (1989)
- State of Louisiana (1987)
Speaking Engagements
Speaker, “Developments in Construction Defect Law,” Seminar on Emerging Issues in Insurance Coverage (May 10, 2018)
Publications and Presentations
Claims and Litigation Management Alliance, “Allocation and Coordination Between Various Coverages: Pollution, Commercial General Liability and Professional Liability”
Scope of liability under the New Jersey Spill Compensation and Control Act and Natural Resource Damages
“What Did He Know and When Did He Know It?”, The Labyrinth of Prior Acts Coverage
Challenges of Navigating Additional Insured Coverage and Contractual Indemnity Claims
When Does an Insured Have a Right To Independent Counsel Under New York or New Jersey Law?
The D&O Insurance Implications of Avoidance Actions Filed in Relation to the Madoff Ponzi Scheme
Effects of Insolvency of the Policyholder or Primary Insurer
Use of “Chinese Wall” in Claim Handling – What to Do in Conflict Situations
Awards and Honors
Selected for inclusion in Best Lawyers in America©(2021-2025). 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 (Sections on Insurance and Environmental)
Member, Defense Research Institute
Member, Claims Litigation Management Alliance
Member, New York State Bar Association
Member, New Jersey State Bar Association
Member, New Jersey State Bar Association (Insurance Law Section and Environmental Law Section)
Member, Professional Liability Underwriting Society
News
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August 20, 2024
16 CMG Attorneys Selected for Inclusion - Best Lawyers in America©
August 20, 2024Coughlin Midlige & Garland LLP is pleased to announce that 16 of the Firm’s attorneys have been selected by their peers for inclusion in the…
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August 7, 2024
SDNY Allows Insurer To Rely On Extrinsic Evidence to Withdraw From Duty to Defend
August 7, 2024In an August 1, 2024 ruling in the action Ironshore Specialty Insurance Company v. Color Techniques, Inc., a federal district…
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August 17, 2023
CMG Attorneys Selected for Inclusion - Best Lawyers in America©
August 17, 2023Coughlin Midlige & Garland LLP is pleased to announce that 16 of the Firm’s attorneys have been selected by their peers for inclusion in the 2024…
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August 29, 2022
12 Coughlin Midlige & Garland Attorneys Recognized in 2023 Edition of Best Lawyers in America
August 29, 2022Coughlin Midlige & Garland LLP is pleased to announce that 12 of the Firm’s attorneys have been selected by their peers for inclusion in the…
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March 24, 2020
Insurance Implications Of COVID-19 Pandemic
March 24, 2020The Covid-19 virus is affecting almost every business and every aspect of life. State governments across the United States are…
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August 19, 2019
New Jersey Appellate Division Confers Additional Insured Status, Albeit Limited to that Portion of the Insured's Work
August 19, 2019In Comcast of Garden State, LP v. The Hanover Ins. Co., Docket No. A-3425-17T4, an unpublished decision decided on July…
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June 7, 2019
Coughlin Midlige & Garland Prevails on Summary Judgment for Insurance Carrier in New York Supreme Court
June 7, 2019On June 4, 2019, Partner Robert Muilenburg prevailed on a summary judgment in New York Supreme Court for an insurer…
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May 3, 2019
Coughlin Midlige & Garland Named as an Environmental Leader by CIANJ and COMMERCE Magazine
May 3, 2019Coughlin Midlige & Garland LLP is honored to be selected as a finalist in the first annual Commerce and Industry Association…
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October 14, 2015
Mr. Robert Muilenburg spoke at the 2015 CLM Atlanta Conference-Environmental
October 14, 2015Robert Muilenberg, Founding Partner with Coughlin Midlige & Garland LLP presented, “Allocation and Coordination Between Various Coverages: Pollution, Commercial General…