Eric B. Stern

Eric B. Stern is a New York licensed attorney and Partner at Kaufman Dolowich Voluck, LLP. Mr. Stern has decades of experience representing clients in all aspects involving insurance coverage litigation. He is an aggressive trial lawyer who has experience litigating cases at both the trial and appellate levels over various types of insurance coverage issues including, but not limited to:

•D&O liability,
•Professional liability,
•Commercial general liability,
•Uninsured/underinsured motorist liability, and
•Homeowners’ liability.

Mr. Stern’s coverage experience includes litigation and coverage opinions involving issues of asbestos and lead paint poisoning, as well as the interplay of pollution exclusions with claims of environmental pollution.

He represents both insurance carriers and other private companies, advising them on various insurance and cybersecurity-related matters. He helps private companies create and enhance their cybersecurity policies to ensure their policies are in compliance with complex cybersecurity laws (including, for example, NY SHIELD compliance).

As a published author and well-known speaker, Mr. Stern frequently presents various topics regarding insurance coverage for cyber losses, additional insurance coverage, and New York Insurance Law 3420 (d). He has contributed to many articles in these areas including publishing in the Insurance Journal , New York Law Journal , Insurance Coverage Law Center , and Healthcare Risk Management, among other sources.

He serves as Co-Deputy Chair of the Data Privacy and Cybersecurity Practice Group. He is honored to serve in this role to continue the development of the firm’s data privacy and cybersecurity practice as well as to train and mentor other lawyers in this ever-changing and crucial area of the law.

Mr. Stern is passionate and enthusiastic about the law and has always been an adept writer, thinker, and speaker, utilizing these gifts both inside and outside of the workplace. In his free time, Eric serves his community through work with several non-profits, including his local house of worship.

Publications

•Examining Silent Cyber Coverage in the Wake of Russia’s Ukrainian Invasion, New York Law Journal, by Eric Stern, Esq.
•Industry Thought Leaders Identify and Comment on Litigation Trends of 2021, Eric Stern quoted, Law.com
•Insurance Attorneys Address the Impact of Nuclear Verdicts, Property Casualty 360, featuring Eric Stern, Sept. 30, 2021
•Jurisdictions Continue to be Split Over Insurer’s Right to Recoup Defense Costs, Reuters
•Regulatory Guidance on Cyber Breaches and Impact on the Insurance Market, New York Law Journal
•New York Regulator Issues Second Enforcement Action Under Cyber Rules, Insurance Journal
•N.Y. Court Takes Contrary Position on Insurers’ Right to Recoup Defense Costs, Insurance Journal
•Cyber Regulatory Enforcement Actions and Implications for Insurance Coverage, New York Law Journal
•Weighing Effects of Treasury’s Ransomware Pay Warnings on Cyber Victims and Insurers, Insurance Journal, ft. Eric Stern
•Shareholder Lawsuits Arising from Cyber-Incidents and Implications for Potential Insurance Coverage, Insurance Coverage Law Center
•Cyber Coverage for Penalties Imposed Under the SHIELD Act, New York Law Journal
•Wrong Person Receives Bill, OCR Secures $2.175 Million Fine, Healthcare Risk Management, ft. Eric Stern
•Ransomware Payments and Insurance Coverage, Professional Insurance Agents Magazine
•Insurance coverage options before ransomware attacks, PropertyCasualty360
•Recent Florida Federal Court Decision Reaffirms “Publication” Requirement for CGL Coverage for Data Breaches
•‘Burlington’ and the Recoupment of Defense Costs by Insurers, New York Law Journal
•Examining Coverage for Cyber Risks Under Property and Liability Policies, New York Law Journal
•New York declares no additional insured coverage unless the insured proximately caused the injury/damage, NYREJ
•Investigating Coverage, Best’s Review
•New York Court of Appeals Holds that “All Sums” Method Applies to Allocation of Loss Over Multiple Policy Years
•Using Classification Limits To Deny Coverage In NY, Law360, by Michael Zigelman & Eric Stern
•NY’s First Department Holds for the First Time that Policy Classifications are not Exclusions and Cannot be Waived Under New York Insurance Law
•KDV Insurance Law Alert: To Disclaim Coverage, or Not to Disclaim Coverage, That is the Question
•KDV Alert: New York’s Highest Court Knocks Out Four Late-Disclaimer Rulings With One Decision
•KDV Alert: Insurer Disclaimer Upheld Under New York’s New Notice-Prejudice Law
•Popcorn Lung Claims Could Be Explosive, Law360
•KDV Alert: Adding Insurance Coverage Flavor to the Recent Consumer-Popcorn Verdict
•KDV Alert: California Supreme Court Upholds the “Uber-Policy” for Long-Tail Insurance Claims
•KDV Alert: New York’s First Department Holds That Standards Used In Additional Insured Endorsements Are Not Materially Different

News

•Industry Thought Leaders Identify and Comment on Litigation Trends of 2021, Eric Stern quoted, Law.com
•Insurance Attorneys Address the Impact of Nuclear Verdicts, Property Casualty 360, featuring Eric Stern, Sept. 30, 2021
•Jurisdictions Continue to be Split Over Insurer’s Right to Recoup Defense Costs, Reuters
•Regulatory Guidance on Cyber Breaches and Impact on the Insurance Market, New York Law Journal
•New York Regulator Issues Second Enforcement Action Under Cyber Rules, Insurance Journal
•N.Y. Court Takes Contrary Position on Insurers’ Right to Recoup Defense Costs, Insurance Journal
•Cyber Regulatory Enforcement Actions and Implications for Insurance Coverage, New York Law Journal
•Weighing Effects of Treasury’s Ransomware Pay Warnings on Cyber Victims and Insurers, Insurance Journal, ft. Eric Stern
•Shareholder Lawsuits Arising from Cyber-Incidents and Implications for Potential Insurance Coverage, Insurance Coverage Law Center
•Cyber Coverage for Penalties Imposed Under the SHIELD Act, New York Law Journal
•WATCH OUT FOR SMOOTH CRIMINALS: REMAIN VIGILANT WITH CYBERSECURITY DURING THE PANDEMIC
•Recent Florida Federal Court Decision Reaffirms “Publication” Requirement for CGL Coverage for Data Breaches
•KDV Promotes Courtney Curtis-Ives, Kenneth Danielsen, Kevin O’Connell and Eric Stern To Partner
•Investigating Coverage, Best’s Review
•NY’s First Department Holds for the First Time that Policy Classifications are not Exclusions and Cannot be Waived Under New York Insurance Law

Speaking Engagements

•A Strafford CLE Webinar: Insurance Coverage for Phishing and Scamming Losses: Policy Interpretation, Circuit and State Law Splits: Insurance Coverage for Phishing and Scamming Losses: Policy Interpretation, Circuit and State Law Splits
•Cyber Risk Summit - Philadelphia - June 12-14, 2019: Sector Rick: Construction
•Cyber Coverage: Coverage for Cyber-Related Losses Through Traditional and Stand Alone Cyber Policies Webinar- February 19, 2019: Presenter
•Strafford CLE Webinar: Business Interruption Coverage for Cyber-Related Losses: Terms and Exclusions, Interplay With Other Policies - July 2018: Business Interruption Coverage for Cyber-Related Losses: Terms and Exclusions, Interplay With Other Policies