Patrick, a member of the firm, has more than 22 years of experience in insurance coverage litigation involving a variety of policies and underlying claims, including comprehensive general liability policies (environmental, toxic tort, construction defect, defamation), and claims-made policies, including directors' and officers' and professional liability.  His practice also includes litigation and arbitration of reinsurance disputes, first-party insurance claims, bad faith actions involving both third-party and first-party claims and the defense of insurance agents and brokers.  Patrick is also an experienced appellate attorney, having practiced extensively before the New York State appellate courts.

Patrick J. Dellay

Education

 

▪    Brooklyn Law School, J.D., 1989

     Member, Brooklyn Law Review

 

▪    University of Calfornia, Berkeley, B.A., 1982

 

Bar Admissions

 

▪    New York, 1990

 

Court Admissions

 

▪    United States Court of Appeals for the Second Circuit

 

▪    United States District Court for the Southern District of New York

 

▪    United States District Court for the Eastern District of New York

      

▪    United States District Court for the Western District of New York

 

REPORTED COURT DECISIONS

General Motors Acceptance Corp., v. New York Central Mutual Fire Ins. Co., 116 A.D.3d 468 (1st Dep’t 2014)(reversing lower court’s denial of summary judgment and dismissing bad faith claims by leasing company and excess carrier where primary insurer had reasonable belief that under No-Fault Law, the underlying plaintiff did not sustain a serious injury causally related to the accident and where there was no settlement opportunity presented at a time when all doubts about underlying plaintiff’s ability to prove serious injury had been eliminated).

 

Smith v. State Farm Fire & Cas. Co., 56 A.D.3d 652, 867 N.Y.S.2d 546 (2d Dep’t 2008)(affirming motion court’s decision in favor of insurer and holding that resident-relative exclusion applied to daughter in-law)

 

State Farm Mutual Automobile Ins. Co. v. Harkins, 30 A.D.3d 502, 817 N.Y.S.2d 107 (2d Dep’t 2006)(affirming motion court’s decision in favor of insurer and holding that insurer had no duty to provide coverage for injured spouse of policyholder even though accident occurred in state that required coverage for inter-spousal claims)

 

State Farm Fire & Cas. Co. v. Browne, 12 A.D.3d 361, 785 N.Y.S.2d 460 (2d Dep’t 2004) (reversing motion court’s grant of summary judgment in policyholder’s favor for rental income claim under homeowner’s policy; trial court’s authority to search the record and grant summary judgment in favor of non-moving party is not available where no party has requested judgment on the claim)

 

TPZ Corp. Winant Place Associates, 308 A.D.2d 577 (2d Dep’t 2003)(affirming grant of summary judgment in favor of plaintiff-assignee against debtors and guarantors on a promissory note)

 

O’Brien v. Barretta, 1 A.D.3d 330 (2d Dep’t 2003)(reversing trial court and granting new trial where trial court engaged in unwarranted cross-examination of defendant’s expert witness and wrongfully refused to give missing witness charge with respect to plaintiff’s treating physician who failed to testify)

 

Canavan v. Chase Manhattan Bank, N.A., 234 A.D.2d 493 (2d Dep’t 1996)(reversing motion court’s decision granting class certification in action against bank alleging bank’s method of calculating interest was contrary to terms of mortgage loan agreements because plaintiffs’ conclusory allegations failed to satisfy the burden of certification)

 

 

Vannostrand v. New York Central Mutual Ins. Co., 2013 N.Y. Misc. LEXIS 2305 (Nassau Co. May 31, 2013)(order granting insurer’s motion to disqualify plaintiff’s counsel in bad faith action and ordering that counsel appear for deposition because he represented plaintiff in underlying action)

 

Wilson v. Piscitelli, Civil Court, Queens County (June 5, 2012)

(order granting judgment in defendant/insurance broker’s favor following bench trial, judge ruled that applicant failed to prove that broker breached any duty to applicant in respect of application for flood insurance)

 

 

Doyaga, as Trustee of the Estate of Pamela Cook v. New York Central Mutual Fire Ins. Co., 2011 N.Y. Misc. LEXIS 6642 (Queens Co. Supreme, September 20, 2011)(order granting insurer summary judgment in bad faith action and dismissing action with prejudice)

 

Indotronix International Corp. v. Twin City Fire Ins. Corp. (S.D.N.Y. October 27, 2006)(denial of insurer’s motion for summary judgment and grant of insured’s summary judgment motion for coverage of attorney’s fees under D&O policy.)

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