David M. Farkouh

Counsel

18 Columbia Turnpike, Suite 200
Florham Park, NJ 07932
Direct Dial: 973-622-3694 Download vCard Download VCard
dfarkouh@saiber.com

David M. Farkouh practices insurance law and litigation, with emphasis in insurance coverage litigation and counseling.

David handles matters involving third party property and casualty losses, complex environmental liabilities, first party coverage disputes, and defense of bad faith allegations.

Honors and Awards

Listed In: New Jersey Super Lawyers® - Rising Stars - 2013-2017



Selection methodology for awards and honors can be found here.

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Professional History

Prior to entering private practice, David served as law clerk in the Appellate, Chancery, and Law Divisions of the Superior Court of New Jersey (2004–2005).

Representative Matters

Representation of insurance carriers in complex environmental coverage litigation arising from underlying pollution liability claims.

Prosecution and defense of coverage actions seeking reimbursement or contribution from other insurers for losses arising from casualty and property claims.

Coverage analysis and advice to insurers with respect to allocation, fee-sharing, reimbursement, and recoupment of defense costs.

Analysis and advice regarding personal injury protection, uninsured, and underinsured motorist benefits coverage under personal and business auto policies.

Noteworthy Decisions

Granted dismissal of bad faith claim in putative class action lawsuit against auto insurance carrier. Oravsky v. Encompass Ins. Co., -- F. Supp. 2d -- (D.N.J. 2011).

Granted summary judgment enforcing financial services exclusion in commercial general liability insurance policies. Madison Nat’l Life Ins. Co., Inc. v. Travelers Prop. Cas. Co. of Am., 10-cv-2454 (S.D.N.Y., Summary Order of March 8, 2011).

Granted pre-discovery motion to dismiss claims for defense and indemnity under homeowner’s insurance policy for underlying allegations of negligence arising from child sex abuse. N.M. v. J.L.S. v. First Trenton Indem. Co., 09-cv-5492 (D.N.J., Mem. & Order of March 28, 2011).

Successfully defended appeal of summary judgment enforcing step-down provision in uninsured motorist endorsement of business auto policy. Montemurro v. Granite State Ins. Co., 2009 WL 4892622 (N.J.Super.A.D., December 21, 2009).

Granted summary judgment declaring that other insurance clauses deemed construction manager’s general liability policy excess to owner’s policy. N. Plainfield Bd. of Educ. v. Zurich Am. Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh PA, 2009 WL 2634906 (D.N.J., August 25, 2009).

Celanese Ltd. v. Essex Cty. Improvement Auth., 404 N.J. Super. 514 (A.D. 2009).

Publications

Memberships and Activities

New Jersey State Bar Association

New York State Bar Association

American Bar Association