Recent Publication:
Josh Tumen and Paul C. Ferland contributed the Expert Analysis “Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'” for Law360.
Paul concentrates his practice in first-party property insurance coverage and litigation. He has successfully represented clients in litigation, mediations, and arbitrations. Paul has significant experience advising clients regarding the multifaceted issues that arise out of damage to property including, but not limited to, natural disasters, explosions, fires, equipment failures, and collapses. He is also skilled at handling the difficult issues that can accompany property damage claims, such as business interruption losses, allegations of bad faith, and various contract and tort-based issues as well. Significantly, Paul has developed strong relationships in the London Market. To that end, he has represented carriers and syndicates in connection with large energy losses, hurricanes, builder’s risk losses, and extracontractual claims. More specifically, Paul is well-known in the industry for providing clients with expert advice on builder’s risk claims, and litigating builder’s risk claims in various jurisdictions around the country. Paul also frequently presents seminars and workshops to advise clients of recent trends and issues in property insurance law. Paul is the co-chair of the Property Insurance Group at Cozen O’Connor.
Paul earned his bachelor’s degree from State University of New York – Brockport and his law degree, cum laude, from Seattle University School of Law.
News
September 23, 2024
Alexandra Campau, Nathan Dooley, Kyle Farnam, Paul Ferland, Matthew Glavin, Aaron Lukas, Dana Meyers, and Judd Serotta were all promoted to shareholder.
April 19, 2019
Cozen O'Connor welcomes Paul C. Ferland, an attorney who concentrates his practice in civil litigation involving first-party property insurance coverage, to its nationally recognized Global Insurance Practice.
Publications
October 14, 2024
Josh Tumen and Paul C. Ferland contributed the Expert Analysis “Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'” for Law360.
September 16, 2024
In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District Court for the Western District of Tennessee. The 6th Circuit held that...
August 22, 2024
In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor merely sagged without completely falling to the ground....
June 13, 2024
In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the Southern District of New York permitted a plaintiff insured to drop...
May 21, 2024
The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v. Leatherstocking Cooperative Insurance Company, CV-23-0362, 2024 NY Slip Op 02113...
February 14, 2024
In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....
January 16, 2024
Introduction
In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 176573 (D.D.C. Sep. 29, 2023). The London...
October 18, 2023
Law360 published the “Extreme Weather And Renewable Project Insurance Coverage” Expert Analysis column written by Paul Ferland and Joshua Tumen.
September 22, 2023
Paul C. Ferland and Joshua Tumen contributed the practice note “Impact of Climate Change on Coverage under Builder’s Risk Insurance Policies for Renewable Energy Projects” for Lexis+ and Practical Guidance Insurance.
June 27, 2022
A recent New Jersey Appellate Division ruling follows the general trend nationally in which courts are, by and large, rejecting insureds’ claims for coverage for business income losses due to government orders related to preventing the spread of Covid-19. While there have been certain outliers,...
February 03, 2022
Paul Ferland examines event cancellation coverage in
general to identify the issues that will be at the forefront of
legal disputes in the coming years.
September 07, 2021
In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”) in precluding coverage for property damage caused by a combination of...
July 06, 2021
A federal court recently held that ongoing insurance coverage issues should not prevent an appraisal from going forward as per an appraisal clause in the insurance policy. In DC Plastic Products Corp. v. Westchester Surplus Lines Insurance Co. Case No. 17-13092 (D.N.J. May 19, 2021), the District...
April 16, 2021
The
Southern District of New York recently held that a contamination exclusion was
ambiguous in the context of Covid-19-related business interruption losses.
Accordingly, the court held that the issue was inappropriate to decide at the
summary judgment stage and denied both parties’ cross-motions...
October 23, 2020
A trial level court in North
Carolina recently found coverage under first-party property insurance policies
for the insured restaurants’ COVID-19-related business income losses. In North
State Deli, LLC et al. v. Cincinnati Ins. Co., et al., Case No.
20-CVS-02569 in the General Court of Justice,...
October 16, 2020
In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks insurance policy without a specific collapse coverage. Case No....
September 02, 2020
Joseph A. Ziemianski, Melissa Brill, Alycen A. Moss, Stephen P. Pate, and Paul C. Ferland discuss what insurers can expect based on prior hurricanes.
March 18, 2020
Coronavirus (“COVID-19”) has disrupted events, supply chains, sales, and entire industries. As a result, businesses are going to look to their property insurers to recuperate lost business income, as well as expenses related to cleaning, sanitizing and decontamination. The first lawsuit alleging...
March 16, 2020
Joe Ziemianski, Melissa Brill, Alycen Moss, Stephen Pate, and Paul Ferland discuss how courts have analyzed and applied first-party property policies for these types of non-physical losses, potential coverage under a civil authority provision, and pollution/contamination exclusions.
Events & Seminars
Past Events
November 12, 2024
- Webinar
May 16, 2024
- New York, NY
February 02, 2022
- Fort Lauderdale, FL
September 29, 2021
- Webinar
November 19, 2020
- Virtual