JOHN A.V. NICOLETTI
John Nicoletti is the managing partner of the firm with more than 42 years of domestic and international insurance coverage litigation experience. John represents the interests of major international and domestic underwriters in federal and state courts throughout the United States. He advises clients on a full range of insurance and reinsurance matters, with a focus on marine, inland marine, commercial property & casualty and energy insurance. John also counsels clients following pollution incidents on how to respond to the incident in compliance with federal and state law (e.g., Oil Pollution Act of 1990, Clean Water Act, CERCLA and state equivalents), on coordinating with governmental agencies responding to the incident, and on how to manage third-party claims arising out of the incident. In addition, John regularly represents a variety of interests in the shipping and transportation industries in federal and state courts, as well as in arbitration, throughout the United States in connection with lawsuits arising out of maritime casualties, pollution incidents, cargo damage, charter party disputes, maritime liens, salvage, personal injury and commercial disputes.
John has also authored or reviewed and supplemented many open cargo policy forms for multiple domestic underwriters and upon request reviewed and at underwriters’ request prepared risk assessment reports on cargo policy forms offered by the major brokers.
Further, John has been, and is, lead counsel for multiple insurers on COVID claims and litigations, riot/vandalism, weather-related and terrorism catastrophes, flood/wind/named storm/deductible/hurricane and sublimit controversies, home owners’ policy litigation defense, corrosion analysis, fire losses, cyber risk, allocation, exhaustion and occurrence analysis, all-risk and builder’s risk policies, policy and reinsurance wording and forms analysis, building and crane collapses, transportation accidents, boiler and machinery, utility and power generation loss, contamination, arson and fraud, defense of insurers against public transportation agency first-party lawsuits, reinsurance arbitration, federal multi-district disaster litigation, chemical plant loss, oil company claims, refinery loss and related energy loss, on shore and off shore energy loss, coal and gold mining loss, satellite loss, defense of officers and directors, whistle blower defense, defamation defense, products liability defense, commercial marine coverage disputes, warehouse liability, marine cargo, bills of lading disputes, construction accidents, construction project sequence analysis, defense of serious personal injury, litigation of commercial and real estate disputes, bankruptcy, employee-related issues, land use, financial guaranty, retrospective premium, advertising liability, and product recall.
John Nicoletti argues motions and appeals in various federal and state courts. He has litigated as U.S. counsel in international commercial, insurance and reinsurance disputes, applying U.K., Bermudian, French and Spanish law, represented U.S. clients in foreign insurance and commercial disputes, and assisted foreign clients seeking discovery in the U.S. regarding foreign litigations. John has represented foreign clients in commercial disputes.
John has litigated cases in federal and state courts throughout the United States, including New York, New Jersey, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Iowa, Louisiana, Maine, Massachusetts, Michigan, Missouri, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, Washington, Hawaii, the U.S. Virgin Islands and West Virginia.
John has authored articles, made presentations as part of industry panels, and lectured on multi-layer approaches to ambiguity questions, weather related catastrophes, ensuing loss, punitive damages, business interruption, occurrence issues, cyber and CGL insurance trends, and claims leadership.
- New York
- Eastern, Northern & Southern District of New York
- Second, Third, Fourth & Fifth Circuit Court of Appeals
- United States Supreme Court
- Fordham University School of Law, J.D., 1977
- New York University, B.A., 1974
- Honors: cum laude
Honors and Awards:
- AV Preeminent Peer Review Rating, Martindale-Hubbell
- Chambers USA: Transportation: Shipping: Litigation (2009 - Present)
- The Best Lawyers in America (Maritime, 2006 - Present)
- The New York Area's Best Lawyers (Maritime, 2006 - Present)
- Super Lawyers, New York Metro Edition (Insurance Coverage, 2006 - Present)
- US Legal 500: Litigation: Insurance: Shipping (2007)
- Life Fellow of the American Bar Foundation
Professional Associations and Memberships:
- Maritime Law Association of the United States, Proctor in Admiralty and Member, Committee on Marine Insurance
- American Bar Association
- Fellows of the American Bar Foundation