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Lowenstein Sandler LLP

Catherine M. Aiello

Catherine M. Aiello

Counsel

Lowenstein Sandler LLP
New Jersey, U.S.A.

tel: 973.597.2362
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Local Time: Sun. 06:57

Profile

Cathy represents corporate and individual policyholders in insurance coverage matters, both pre- and post-loss. In addition to analyzing insurance programs and advising clients on coverage issues, she is known for her practical approach to resolving disputes when insurers disclaim or reduce coverage, and she prides herself on achieving maximum insurance recoveries. When Cathy determines that litigation is in the best interests of her clients, she works to ensure the strategy is focused on getting the claim resolved successfully and in the most cost-effective manner.

Before beginning her legal career, Cathy was a senior executive in the insurance brokerage industry. In this capacity, she managed communications and marketing for several of the industry's leading global brokers, working closely with insurance professionals in the industry and practice groups–including property and casualty claims–to promote their products and solutions to clients. As a result of her work experience and deep knowledge of the brokerage industry, Cathy has a unique understanding of her clients' insurance coverage issues and the challenges facing policyholders when policy disputes arise.

Committed to public service, Cathy also represents pro bono clients through her work with the Lowenstein Center for the Public Interest. She recently argued before the Third Circuit on behalf of one of her clients.

Bar Admissions

    New York
    New Jersey

Education

Rutgers Law School (J.D. 2009), Member, Women's Rights Law Reporter
Pace University (B.A. 1985), English, summa cum laude
Areas of Practice
Professional Career

Significant Accomplishments

Represented a service company in a lawsuit in New Jersey State Court seeking insurance coverage from several primary and excess insurers for environmental remediation costs.

Represented a chemical manufacturer in connection with insurance coverage for asbestos litigation, losses sustained as a result of Hurricane Sandy, and bodily injury claims arising from construction activities.

Represented a pharmaceutical company with insurance claims under a directors and officers policy for government subpoenas where the insurer has denied coverage.

Represented a specialty chemical manufacturer, a pharmaceutical company, and a distributor as insurance coverage counsel in connection with insurance recoveries for environmental remediation costs.

Speaking Engagements

Catherine Aiello will co-present the CLE program entitled "Privilege and Ethical Issues When Navigating Insurance Relationships," with Eboneé Lewis, Senior Employment Counsel at BD.

Nikki Adame-Winningham and Catherine Aiello will present a webinar entitled "Environmental Law for Insurance Lawyers," hosted by the New Jersey Institute for Continuing Legal Education. The webinar will provide insurance professionals with an understanding of environmental law and the source of environmental claims so they can properly assess and manage risk for their clients, and control costs associated with environmental litigation.

Catherine M. Aiello speaks on a webinar panel, "Insurance for Environmental Attorneys," presented by NJICLE in cooperation with the NJSBA Environmental Law Section.

Topics for discussion include:

  • Types of policies that provide coverage for environmental claims
  • Recovery under pre-1986 occurrence-based commercial general liability (CGL) policies
  • Locating missing historic CGL policies
  • Understanding the scope and trigger of coverage duty to Defend v. Duty to Indemnify – Are RI/FS costs covered?
  • Pollution exclusion and other exclusions: Is coverage barred?
  • Recovery under post-1986 environmental liability policies
  • Noticing environmental claims: Why is notice so important?
  • Advising clients about procuring appropriate coverage

Panelists:

 



Professional Associations


  • Member, New Jersey State Bar Association
  • Member, New York State Bar Association
  • Member, New Jersey Women Lawyers Association

Professional Activities and Experience

Accolades
  • New Jersey Rising Stars (2017-2019) - Catherine Aiello

Blogs

Capital Markets Litigation
Lowenstein Sandler LLP 

Litigation News for the Global Financial Community

Articles

Often times when companies are faced with an environmental cleanup, they cannot locate occurrence-based liability insurance policies issued decades earlier that may provide coverage for their claim costs. The claims may be the result of the company’s direct operations or an acquisition of a company that caused the progressive injury or pollution to soil, groundwater or natural resources several decades earlier.  


Commercial general liability (CGL) insurance policies issued prior to 1986 are extremely valuable when a company is faced with such property damage claims since the policies did not contain absolute pollution exclusions. However, the policies may not be readily available to the company to enable it to file a claim with its insurers to recover cleanup costs. Many times the policies are missing or have been destroyed after so many decades have passed. Does that mean that the policyholder has lost the opportunity to pursue an insurance coverage claim? Not necessarily. Not having copies of insurance policies may not be automatically fatal to a policyholder’s claim for coverage. There are ways to prove the existence of coverage, even decades later. 


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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