Case Study
When Priority of Coverage Isn’t the Issue
175 Broadway Associates, L.L.C. Two insurance towers, one construction loss, and a contribution claim that returns to the insurer that filed it.
Insurance · Disputes · Risk · Strategy
The problem is rarely just the lawsuit.
We identify what matters, where the leverage lies and what course best advances the client’s position.
Law is a tool.
Sometimes a shield. Sometimes a sword.
The strategy depends on the problem.
Legal · Contractual · InsuranceFinancial · StrategicLegal · Contractual · Insurance · Financial · Strategic
Complex & Multijurisdictional
Some disputes don't belong in a single practice area.
- A construction dispute becomes an insurance dispute.
- A coverage dispute turns on contractual indemnity.
- A commercial dispute reveals deceptive conduct.
- A multistate matter adds questions of jurisdiction, governing law and strategy.
The strategy changes when the whole problem comes into view.
Seltzer Counsel works at those intersections.
New York · New Jersey · Multijurisdictional Matters
Disputes cross practice areas.
01
Insurance Coverage & Claims
First-party property, business interruption & third-party insurance disputes
Coverage questions can determine far more than whether a claim gets paid.
02
Construction Disputes & Risk
Construction disputes can bring contracts, insurance, indemnity and damages into the same matter.
03
Commercial Disputes
When a commercial dispute implicates indemnification obligations, insurance coverage or contractual allocation of risk, Seltzer Counsel addresses those relationships as part of the same strategy.
04
Fraud, Deceptive Practices & Consumer Claims
The objective is not to characterize conduct as aggressively as possible. It is to characterize it accurately—and pursue the remedies that follow.
Representative Matter
A damaged building. One integrated strategy.
Josh represented a building owner after excavation and construction at an adjoining property undermined and damaged the client’s building.
Josh coordinated first-party property coverage and third-party insurance recovery while evaluating claims against responsible project participants, construction causation, contractual relationships, property damage and business losses.
The client’s problem was a damaged building. The legal system divided that problem into construction liability, property coverage, third-party insurance, contracts and damages. The strategy was to put those pieces back together.
Perspective shaped inside and outside the courtroom.
Josh represents clients in disputes involving first- and third-party insurance coverage, contractual indemnity, risk transfer, construction and related commercial matters.
Earlier in his career, Josh was house counsel to AmTrust Financial, Inc. and Tower Group Companies. There, he advised on claims, tenders and pre-suit matters and litigated a broad range of commercial coverage disputes.
The way counsel frames a claim, preserves issues, develops the factual record and advances arguments can shape a matter through trial, appeal and resolution. Josh brings those perspectives to each matter, evaluating the dispute as a whole and developing a strategy around the client's objective.
In-house · Outside Counsel · Trial · Appellate
Admitted in New York and New Jersey, including the New York Court of Appeals; federal admissions include the New York district courts, the District of New Jersey and the Second Circuit. J.D., Benjamin N. Cardozo School of Law; B.A., University at Albany, SUNY.
Full experience and credentials
Josh has briefed and argued reported matters involving additional-insured coverage, the duty to defend, priority of coverage, cancellation, allocation, waiver and estoppel, and the interpretation of standard-form and manuscript policy provisions.
In private practice, Josh's work expanded across transportation, building, real estate and construction risk, including standard-form and manuscript insurance programs involving commercial general liability, commercial auto, builder's risk, wrap-up, property and specialized coverages.
As lead counsel, he handled multimillion-dollar first-party and business-interruption disputes, including extra-contractual matters, in state and federal courts and FAA-governed arbitrations, with substantial trial and appellate experience.
Admissions
- New York — 2004
- New Jersey — 2005
- U.S. District Courts — Eastern, Southern, Western & Northern Districts of New York
- U.S. District Court — District of New Jersey
- U.S. Court of Appeals for the Second Circuit
- New York Court of Appeals
Education
- J.D., Benjamin N. Cardozo School of Law
Supervising Editor, Cardozo Law Review - B.A., Rockefeller College of Public Affairs & Policy, University at Albany, SUNY
summa cum laude, Phi Beta Kappa, Honors Program Scholar
Selected Decisions & Matters
Tower Insurance Co. of New York v. Allcity Insurance Co. and Allstate Insurance Co.
Index No. 601034/04 (Sup. Ct. N.Y. County)
ACC Construction Corp. v. Tower Insurance Co. of New York
83 A.D.3d 443 (1st Dep't 2011)
New York City Housing Authority v. Tower Insurance Co. of New York
82 A.D.3d 507 (1st Dep't 2011)
Tower Insurance Co. of New York v. Sanita Construction Co., Inc.
129 A.D.3d 430 (1st Dep't 2015)
Town Plaza of Poughquag, LLC v. Hartford Insurance Co.
175 F. Supp. 3d 93 (S.D.N.Y. 2016)
Selected decisions and matters; not a complete case list.
Results may vary depending on your particular facts and legal circumstances.
Analysis & Perspective
Legal developments matter because of what they change for your business.
Contact
Start with the problem.
When legal, contractual, insurance, financial, or strategic issues overlap, Seltzer Counsel helps identify the real problem, clarify the risks, and develop a practical path toward resolution.
Contact directly
Seltzer & Associates PLLC
- 646-480-1393
- josh@seltzercounsel.com
- 136 Van Horne Street #1
Jersey City, NJ 07304136 Van Horne Street #1, Jersey City, NJ 07304
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