Michael S. Chuven

Michael S. Chuven is a shareholder of the Firm and has extensive experience in resolving insurance coverage, construction litigation, and commercial litigation disputes. On the insurance coverage side, Mr. Chuven counsels clients relating to general liability, errors and omissions and commercial automobile policies and has handled disputes involving bodily injury, environmental, toxic torts, construction, and personal and advertising injury claims. On the construction and commercial litigation side, Mr. Chuven routinely represents professionals, including architects, engineers and construction managers, as well as property owners and managers in matters involving negligence, breach of contract, statutory violations, and regulatory violations. Mr. Chuven also handles matters involving attorney and accountant malpractice.

Mr. Chuven also advises corporate clients on business-related matters including employment issues and contract negotiation. Mr. Chuven handles matters in the trial and appellate courts in New Jersey and New York, as well as arbitration proceedings in the AAA.

Prior to joining the firm, Mr. Chuven served as law clerk to the Honorable John S. Holston, Jr., Superior Court of New Jersey, Appellate Division, for the 2006-2007 Term. He also interned for the Honorable Virginia Long, New Jersey Supreme Court, from September 2005 to May 2006. Mr. Chuven joined the law firm of Coughlin Duffy LLP in September 2007 and ultimately served as of counsel.

Publications and Presentations

• Bad Faith Compendium, published by Munich Reinsurance America, Inc., 2008; 2011;
• 50 State Survey of Reservation of Rights Letters, Disclaimer Letters and Non-Waiver Agreements, published by Munich Reinsurance America, Inc., 2008; 2011;
• Post Judgment Interest, Pre-Judgment Interest, Punitive Damages, United States and Canada 2011; published by Munich Reinsurance America, Inc. Compendium on Rescission: 50 State Compendium, presented to one of the Firm’s clients (2013);
• The Criteria for Vehicle Liability, PIP and UM/UIM Coverage, presented to one of the Firm’s clients (2010);
• A New Era: Motor Carrier Coverage Form & CSA 2010 presented to one of the Firm’s clients (2010).

Published Cases

• Norman Int'l, Inc. v. Admiral Ins. Co., 251 N.J. 538 (2002)
• K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co., 22 N.Y.3d 578 (2014) (Court of Appeals vacated original decision and ruled in favor of insurer remanding case to trial court for discovery)
• K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co., 21 N.Y.3d 1049 (2013) (Court of Appeals in rare ruling granted insurer motion for reargument)
• K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co., 21 N.Y.3d 384 (2013) (Court of Appeals affirms Appellate Division ruling in favor of Plaintiffs)
• Admiral Ins. Co. v. Joy Contracting, Inc.,19 N.Y.3d 448 (2012) (Court of Appeals ruled in favor of insurer for, among other things, permitting rescission cause of action against purported additional insured)
• QBE Ins. Corp. v Adjo Constr. Corp., 121 A.D.3d 1064, 1085 (2d Dep't 2014) (Second Department granted insurer motion for reargument)
• QBE Insurance Corp. v. Adjo Contracting Corp., 112 A.D.3d 686 (2d Dep’t 2013)
• Myron Corp. v. Atlantic Mut. Ins. Corp., 203 N.J. 537 (2010)
• Intel Corp. v. Am. Guar. & Liab. Ins. Co., 51 A.3d 442 (Del. 2012).

Results

• Mr. Chuven has argued before the Appellate Division in New York and most recently successfully defeated an order to show cause brought against a large national corporation in which the Plaintiff sought to restrict the corporation’s rights.
• Recently, Mr. Chuven represented an architect and obtained a dismissal after successfully arguing the affidavit of merit statute applied to Plaintiff’s claim after Plaintiff failed to produce the affidavit in the time prescribed by the rules.
• Mr. Chuven has also recently represented a national insurance company and was awarded summary judgment on a highly contested late notice defense.
• Mr. Chuven also recently represented another domestic insurance company and successfully obtained summary judgment based on an exclusion in a homeowner policy.
• Mr. Chuven was part of a team that successfully defended a national parking center against a negligent security claim.
• Mr. Chuven also successfully tried a case for a national insurance company and won a directed verdict after cross-examining the Plaintiff’s lead witness and having the witness change testimony on the stand.