Steven D. Cantarutti

Partner

(973) 631-6060
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962
Direct (973) 631-6060
Fax (973) 267-6442
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962

Steven Cantarutti is a Partner in the Firm’s Insurance and Reinsurance Services Group. 

Steve has over 20 years of experience representing a wide array of domestic and foreign insurers in federal and state courts across the country, whether at the trial or appellate court level. Steve has particular experience in litigating complex and high exposure claims brought under commercial general liability (“CGL”), excess and umbrella, cyber risk, employer’s liability, environmental impairment liability, errors or omission, mortgageholder’s impairment, and professional liability policies. In addition, Steve frequently represents reinsurers facing significant exposures, including claims tendered by captive insurers.        

Steve also provides counsel to insurers and reinsurers prior to litigation or for other legal services.  Such engagements include providing coverage opinions and positions, recommendations for the underwriting of policy forms, and enhancing claims handling practices. In addition, Steve provides training programs and seminars to clients on a variety of issues, and has been a speaker at continuing legal education classes, with a particular interest in the area of cyber liability risks and policies.

Prior to joining Coughlin Midlige & Garland LLP in 2011, Steve was a litigation associate for the law firm of Hardin, Kundla, McKeon, Poletto & Polifroni, P.A., where he focused his practice on coverage disputes, insurance defense, and professional liability. In 2004, he joined the law firm of Smith Stratton Wise Heher & Brennan, LLP (now part of Dilworth Paxson LLP), where he worked on matters involving insurance and reinsurance coverage disputes, commercial litigation, civil litigation defense, and insurance fraud.

EXPERIENCE

Reported Cases

  • Prevailed for professional liability insurer in a breach of contract action where insured, who assumed legacy liabilities of a hospital, was seeking coverage under an “Incurred But Not Reported” policy.  The Eastern District of Pennsylvania agreed that no coverage was afforded due to the “prior acts” exclusion for previously reported claims, which decision was affirmed by the Third Circuit Court of Appeals. See Green Tree Comty. Health Found. v. Admiral Ins. Co., 2023 U.S. App. LEXIS 22007 (3d Cir. Aug. 22, 2023). 
  • Obtained summary judgment for Canadian and U.S. insurers in a declaratory judgment action seeking CGL coverage for a construction defect claim arising from a large pier project.  The District Court of New Jersey agreed with insurers that there was no evidence of property damage during the policy period of the CGL policies. See Antamex Int’l, Inc. v. Zur. Amer. Ins. Co., 2023 U.S. Dist. LEXIS 108867 (D. N.J. Jun. 22, 2023).
  • Successfully represented professional liability insurer facing claims from a hotel management company arising from the theft of funds by its employees.  The Pennsylvania Court of Common Pleas agreed with the insurer that a “criminal acts” exclusion applied to preclude coverage for the claim, which decision was affirmed by the Pennsylvania Superior Court. See Gemini Ins. Co. v. Meyer Jabara Hotels LLC, 231 A.3d 839 (Pa. Super. 2020).
  • Secured favorable decision for professional liability insurer from New York Appellate Division, First Department, where court held that the liability of attorneys and their law firm fell within exclusions for business-related activities. See Lee & Amtzis, LLP v. American Guar. & Liab. Ins. Co., 7 N.Y.S.3d 80 (1stDept. Apr. 7, 2015).
  • Represented national insurer in a New York state court action involving cyber-attack claims tendered by certain Sony companies under CGL policies, which resulted in a summary judgment in the insurer’s favor. This decision was the first of its kind by any court in the United States addressing whether CGL policies may be liable to cover cyber-attacks. See Zurich Amer. Ins. v. Sony Corp. of Amer., 2014 N.Y. Misc. LEXIS 5141 (N.Y. Sup. Ct., N.Y. Cnty., Feb. 21, 2014).
  • Represented an employment practices liability insurer in an appeal before the New York Court of Appeals seeking a contribution claim against the co-insurer for defense costs under California law. The New York Court of Appeals overturned the Appellate Division’s, First Department, decision, which resulted in the right to seek an equal contribution share from the co-insurer. See Illinois Union Ins. Co. v. Assurance Co. of Amer., 950 N.Y.S.2d 515 (N.Y. 2012).

Other Representative Matters

  • Reached favorable settlements for reinsurers facing significant exposures in matters, including claims involving numerous pediatric malpractice claims and sexual assault claims by a physician.  The claims were tendered by captive insurers for the healthcare companies, which required a vigorous representation of the reinsurers before achieving resolutions.        
  • Obtained a favorable settlement for a Canadian insurer involving several concussion-related claims filed by former professional hockey league players. The matter included missing policies and complex allocation issues spanning several decades of insured and uninsured policy periods.  
  • Served as co-counsel at trial in defense of an umbrella insurer facing $30 million in environmental property damage claims under CGL policies (issued pre-1986), which resulted in a successful settlement after the first phase of trial.
  • Represented CGL insurers on the issue of availability of environmental impairment liability (“EIL”) and cost cap insurance for a chemical industrial facility in New Jersey, which resulted in a favorable settlement after summary judgment motions were filed.
  • Obtained a favorable settlement for an EIL insurer facing multiple types of pollutions events during the construction of a healthcare facility in New York City.
  • Co-chaired defense of two excess insurers in a month-long bench trial in New Jersey Superior Court involving hundreds of millions of dollars in coverage claims arising from exposure to asbestos and silica.  Defense resulted in a favorable judgment based upon insured’s non-compliance of the “prior consent” provision, which significantly reduced damages.    
  • Represented an insurer in an adversarial bankruptcy proceeding where the debtor, who provided engineering services for a nuclear power plant, faced numerous asbestos-related claims at the site.  After extensive discovery and motion practice, the matter concluded with a favorable settlement.

Speaking Engagements

Speaker, “Developments in Construction Defect Law,” Coughlin Midlige & Garland LLP’s Seminar on Emerging Issues in Insurance Coverage (May 10, 2018)

Speaker, “Cyber Insurance: An International Coverage Problem Waiting to Happen,” American Bar Association Roundtable (March 4, 2016)

Presenter, “Cyber Security Post-Sony: Risks, Responses, and Disclosures,” The Knowledge Group, LLC Live Webcast (December 8, 2015)

Speaker, “Professional Liability Exposures for Cyber Risks and Related Litigation,” Coughlin Midlige & Garland LLP’s Professional Liability Insurance Coverage Seminar (November 19, 2015)

Speaker, “It’s All Out There – Cyber Risk and the Evolving Insurance, Litigation and Risk Management Environmental,” New Jersey CPCU Society Chapter, Inc. (October 30, 2015)

Speaker, “I’ve Been Hacked! Do I Have Insurance? Cyber Liability & Insurance Issues,” New York City Bar Association (June 4, 2015)

Speaker, “Cyber Risks, Related Litigation and Insurance Issues,” New Jersey State Bar Association, Insurance, Business and Tax Sections (May 13, 2015)

Speaker, “Emerging Coverage Issues Related to Cyber Risks: An Examination of Coverage under ‘Traditional’ CGL and Other Policies,” New Jersey State Bar Association, Insurance Section (November 19, 2014)

 

Publications and Presentations

Co-Author, “The Evolution of Cyber Coverage Law: A Survey of Critical Decisions and the Market’s Response,” American Bar Association, Insurance Coverage Litigation Committee, Coverage Journal (November 21, 2016)

Memberships

New Jersey State Bar Association (Insurance Law Section)

American Bar Association (Litigation and Tort Trial/Insurance Practice Sections)

News

350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962
Direct (973) 631-6060
Fax (973) 267-6442
Services
Education
  • Seton Hall University School of Law (J.D., 2002)
  • University of California, Berkeley (B.A., with honors, 1992)
Professional Admissions
  • United States Court of Appeals for the Second Circuit (2022)
  • United States Court of Appeals for the Third Circuit (2022)
  • United States Court of Appeals for the Sixth Circuit (2023)
  • United States District Court for the District of New Jersey (2004)
  • United States District Court for the Eastern District of New York (2018)
  • United States District Court for the Southern District of New York (2017)
  • State of New Jersey (2003)
  • State of New York (2003)