Robert W. Muilenburg

Partner

(973) 631-6011
Robert W. Muilenburg

Robert W. Muilenburg

Partner

rmuilenburg@cmg.law
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962
Direct (973) 631-6011
Fax (973) 267-6442

88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
Direct (212) 483-0105
Fax (212) 480-3899
350 Mount Kemble Avenue
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

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

350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962
Direct (973) 631-6011
Fax (973) 267-6442

88 Pine Street, 28th floor
Wall Street Plaza
New York, NY 10005
Direct (212) 483-0105
Fax (212) 480-3899
Services
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)