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David A. Luttinger Jr.

Partner

New York +1 212 841 1134

  • About
  • Representative Matters
  • Credentials
  • About

    A trial lawyer for nearly 3 decades, David Luttinger is a lawyer that clients turn to get them in a position to resolve favorably their most complex and serious disputes either through negotiation (before and after litigation) or trial, if necessary.

    A former Assistant District Attorney in Manhattan, Dave focuses his practice on prosecuting high-stakes matters against insurance companies, including extensive trial work in judicial and arbitral forums across the country and internationally.

    His experience in the coverage area includes disputes over insurance for:

    • Pharmaceutical-related liability
    • Mass Torts
    • Environmental liabilities
    • Securities-related claims
    • Large-scale property and business interruption losses

    In addition to representing policyholders in contested insurance claims, Dave also advises policyholders in placing and tailoring insurance coverages for unique risks, transferring risk in contracts and transactions, including through the purchase of in transaction risk insurance products such as representation and warranty (warranty and indemnity) policies.

    Dave is a Fellow of the American College of Coverage Counsel. Chambers USA has recognized Dave as a "seasoned trial attorney" and "an 'excellent’ and 'accomplished coverage lawyer.'"

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represents large pharmaceutical distributor in multiple coverage litigations brought against its insurance companies concerning coverage for hundreds of underlying suits brought by state and county governments alleging that the company contributed to a national epidemic of opioid addiction.
    • Obtained summary judgment on behalf of a crane and hoist manufacturer that insurers had a duty to defend against underlying asbestos suits, leading to settlement of action.
    • Represents a manufacturer concerning coverage for tens of thousands of asbestos claims; established liability and damages at trial against non-settling insurer.
    • Represented media company in an arbitration seeking coverage under an D&O policy related to losses arising from a securities claim.
    • Lead trial attorney in an insurance coverage action in Los Angeles on behalf of pump manufacturer against an excess insurer. After a 13 day trial, Goulds obtained judgment confirming its right to access $50 million in coverage. The judgment was affirmed on appeal. Goulds Pumps, Inc. v Travelers Cas. & Sur. Co., No. B255439, 2016 3564244 (Cal.Ct.App., June 22, 2016).

    • Key member of a trial team in a 2017 bench trial in Los Angeles, California, which resulted in favorable declarations on key coverage issues related to excess insurers’ obligations to cover ITT’s asbestos-related product liability loss.
    • Lead trial attorney in an insurance coverage action in the Western District of Pennsylvania on behalf of an industrial fan manufacturer. The manufacturer was sued by its insurer, which asserted it had no defense or indemnity obligation for a lawsuit alleging damage and business interruption loss due to damage caused by the insured’s products. After prevailing on summary judgment that the insurer owed a defense obligation, the case went to trial on the bad faith claims and then settled on mutually agreeable terms.
    • Represented a large international bank under a run-off professional services liability policy in which the bank sought recovery for amounts paid defending against and resolving hundreds of underlying actions. After filing suit in state court in Baltimore, Maryland, on the eve of trial, following extensive briefing and oral argument, the insurers agreed to a settlement on terms favorable to the bank.
    • Defended an individual at trial in the Southern District of New York against criminal charges of insider trading.
    • Represented energy company in multiple coverage action brought in Pennsylvania and California seeking coverage for losses arising from more than a hundred suits alleging damages arising from MtBE and MtBE-containing gasoline. The case in Pennsylvania led to a judgment that the Court of Appeals for the Third Circuit affirmed, which established the insured’s right to $50 million. In the California case, after favorable rulings against two sets of insurers were obtained, the insurers agreed to settle.
    • Represented an electric utility facing thousands of asbestos-related lawsuits. After a bench trial, the Circuit Court of Maryland for Washington County entered judgment in favor of the insured, which was affirmed on appeal. TIG Ins.Co. v. Monongahela Power Co., 2014 WL 715453 (Md. Feb. 24, 2014), affirming TIG Ins. Co. v. Monongahela Power Co.,209 Md. App. 146, 58 A.3d 497 (2012).
    • Represented energy company that suffered a complete loss of a custom-made reactor that the client was building in the United Arab Emirates. Shortly after filing suit on behalf of the insured, the insurer settled on terms favorable to the client.
    • Negotiated a resolution of a political risk insurance claim for a multinational company whose assets were appropriated by Venezuela.
    • Resolved first-party/business interruption matter in connection with losses arising out of an earthquake and flooding in Japan.
    • Represented major retailer in a first-party/business interruption litigation over losses arising from property damage and business interruption.

    Areas of Expertise

  • Credentials
    Education
    • Fordham University School of Law, J.D., 1991
    • Holy Cross College, B.A., 1988
    Bar Admissions
    • New York
    • District of Columbia
    • New Jersey
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, District of New Jersey
    • U.S. District Court, District of Connecticut
    Pro Bono
    • Shortly after filing a lawsuit, achieved a settlement with an incorporated village in New York that resulted in improved accommodations and expanded access to public services for people with disabilities.
    • Represents victim of human trafficking seeking T-Visa.
    Accolades
    • Chambers USA: America's Leading Lawyers for Business (2008-2023)
    • Acritas, Star Lawyer (2017)
    • The Legal 500 US, Insurance (2016-2017); Dispute Resolution - Product liability, Mass Tort and Class Action - Pharmaceuticals and Medical Devices - Defense (2017)
    Memberships and Affiliations

    • Fellow, American College of Coverage Counsel
    Previous Experience
    • New York County District Attorney’s Office, Assistant District Attorney, Trial Division

    Areas of Expertise

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