Thomas R. Maeglin, Partner

Mr. Maeglin's practice is focused upon first- and third-party insurance coverage litigation, subrogation and property damage defense, in both state and federal courts. He has represented insurers in declaratory judgment actions regarding construction-related property damage and defect, with particular experience related to excavation, underpinning and demolition claims, as well as fire, water intrusion, and ruptured pipe losses. He has also represented parties seeking and defending against claims for additional insured coverage under commercial general liability policies, and has won summary judgment on rescission, trigger of coverage and a range of policy conditions and exclusions. His work has included coverage opinions on a wide range of issues arising from commercial property, business interruption, commercial general liability, builders risk, truckers liability, and professional liability policies; examinations under oath; and claim investigation. His clients include admitted and surplus lines insurers.

Tom has given presentations on a range of property and liability insurance-related topics at seminars presented by the New York State Bar Association and Property & Liability Resource Bureau.

Hailing originally from the State of Iowa, Tom received his Bachelor's degree from the University of Chicago in 1990. He went on to earn a joint Masters of Business Administration and Juris Doctor from the Fordham University Graduate School of Business and School of Law in 2003.

Notable Cases:
Travelers Indemnity Co. a/s/o Acme Architectural Products Inc. v. AA Kitchen Cabinet & Stone Supply, Inc. and Mutual Gas & Energy Corp., 2013 NY Slip Op 3322 (2nd Dep't 2013)(waiver of subrogation provision bars claim for fire damage).

New York Open Center, Inc. v. Empire Water Holdings, LLC and Seneca Insurance Co., 25 Misc.3d 1220 (N.Y. City Civ. Ct. 2009)(granting summary judgment in favor of insurer where damage to plaintiff's property was not the result of a covered cause of loss).

Notable Cases
· Duty to defend endures: Appellate Division affirms summary judgment declaring that plaintiff insurer continues to owe duty to defend, notwithstanding developments in underlying action
· Purdue Opioids-related insurance claims stayed in Bankruptcy Court pending arbitration
· Vexations in a veterinary clinic: Allegations of flooding, sewage, and other events within the policy period trigger duty to defend and reimburse
· "Arising out of" and "caused by" endorsements both apply and both additional insured policies provide primary coverage; Additional insured coverage owed by defendant insurers for Labor Law matter
· Waiver of subrogation provision bars claim for fire loss, and language in lease rider not in conflict: Appellate Division affirms summary judgment for tenant
· Court rejects investor’s suit against insurer of debtor: Second mortgagee’s complaint for breach of contract against insurer fails based upon documentary evidence







Bar Admissions

General Liability
First-Party and Third-Party Property Defense
Insurance Coverage
  University of Chicago, B.A. (1990)

Fordham University Graduate School of Business Administration, M.B.A. (2003)

Fordham University School of Law, J.D. (2003)
  New York State Bar Association (TICL Section, Committee on Insurance Coverage)

Bronx County Bar Association

Association of the Bar of the City of New York

American Bar Association

Defense Research Institute (DRI)
  New York, 2004

U.S. District Court, Southern and Eastern Districts of New York, 2005

Ph: (212) 422-1200 ext 230
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