Joshua L. Seltzer

Joshua L. Seltzer

Partner

 
Phone: +1 (646) 506-4709
jseltzer@clarkfoxlaw.com

 

Administrative Assistant
Theresa Badalamenti
Phone: +1 (646) 542–1977
tbadalamenti@clarkfoxlaw.com

Paralegal
Kevin J. Brassil
Phone: +1 (646) 367-2783
kbrassil@clarkfoxlaw.com

 
 

Biography

Josh is an experienced coverage attorney who helps insurance clients interpret policy language, develop sound risk-management strategies, and implement solutions to minimize exposures in contested claims. As coverage counsel for the property and casualty subsidiaries of Tower Group Companies, a national property and casualty insurer, and AmTrust, N.A., Josh represented the company in first- and third-party litigation in state and federal courts involving all of its product lines, prosecuted and defended risk-transfer claims, and worked hand-in-hand with the company’s claim professionals to develop sustainable strategies for managing complex risk.

Josh has significant experience litigating construction disputes involving CGL coverage issues like the designated work, faulty workmanship and professional liability/services exclusions, “insured contract” exception, and completed operations exclusions, and inter-company disputes involving contractual risk allocation via “additional insured” endorsements. Josh is also an accomplished appellate attorney having successfully briefed and argued numerous appeals on behalf of his insurer clients.

Josh has successfully litigated a number of cases construing the meaning of “residence premises” in the standard ISO HO-3 form, which covers damage only to “a. The one family dwelling . . .; or b. That part of any other building; where [the named insureds] reside and which is shown as the ‘residence premises’ in the Declarations.” See, e.g., Vela v. Tower Ins. Co. of N.Y., 83 A.D.3d 1050 (2d Dep’t 2011); Commisso v. Tower Ins. Co. of N.Y., 30 Misc.3d 1224(A) (Sup. Ct. NY Cnty. 2011).

Practice Areas

• Insurance and Reinsurance
• Insurance Bad Faith \ Extra-Contractual Damages
• Fraud \ Arson

Representative Cases

Town Plaza of Poughquag, LLC v. Hartford Fire Ins. Co., 2016 U.S. Dist. LEXIS 44723 (S.D.N.Y. Mar. 31, 2016
ACC Constr. Corp. v. Tower Ins. Co. of N.Y., 83 A.D.3d 443 (1st Dep’t 2011)
Tower Ins. Co. of N.Y. v. Sanita Constr. Co., Inc., 129 A.D.3d 430 (1st Dep’t 2015)
Tower Ins. Co. of N.Y. v. Park Lane Assoc., Index No. 101744/09, Sup. Ct. NY Cnty
Ciampa Estates, LLC v. Tower Ins. Co. of N.Y., 922 N.Y.S.2d 379 (1st Dep’t 2011), lv. denied, 17 N.Y.3d 709 (2011)
Hudson Meridian Constr. Group, LLC v. Tower Ins. Co. of N.Y., Index No. 590825/10
Tower Ins. Co. of N. Y. v Allcity Ins. Co. and Allstate Ins. Co., Index No. 601034/04
Tower Ins. Co. of N.Y. v. Red Rose Rest., 77 A.D.3d 453 (2d Dep’t 2010)
New York City Hous. Auth. v Tower Ins. Co. of N.Y., 82 A.D.3d 507 (1st Dep’t 2011)
Tower Ins. Co. of N.Y. v. Saleh, 18 Misc.3d 1119(A) (Sup. Ct. N.Y. Cnty. 2008)
Metalios v. Tower Ins. Co. of N.Y., 77 A.D.3d 471 (1st Dep’t 2010)
Marina Grand Inc. v. Tower Ins. Co. of N.Y., 63 A.D.3d 1012 (2d Dep’t 2009)
Pennachio v Hermitage Ins. Co., 2013 NY Slip Op 31625(U) (Sup. Ct. NY Cnty. 2013)

Memberships & Admissions

• New York
• New Jersey
• U.S. District Court, Southern District of New York
• U.S. District Court, Eastern District of New York
• U.S. Court of Appeals, Second Circuit

Education

• J.D., Benjamin N. Cardozo School of Law, 2004
• Supervising Editor, Cardozo Law Review
• B.A, State University of New York at Albany, summa cum laude, Phi Beta Kappa, 1996