MICHAEL FISHMAN, ESQ.

In his current practice, Mr. Fishman represents commercial clients and individuals in various legal matters including bankruptcies, real estate transactions, corporate matters, civil litigation and insurance coverage disputes. Additionally, Mr. Fishman acts as coordinating counsel for several national corporate clients.

Prior to forming Monteiro & Fishman LLP, Mr. Fishman was associated with a large, national New York law firm, representing insurance companies and other commercial clients nationwide in various legal matters.

Mr. Fishman has successfully litigated hundreds of cases nationwide stemming from personal injury and toxic torts (i.e. lead paint, asbestos, PCBs, etc.), as well as commercial matters involving contractual issues, construction defects, intellectual property rights and insurance coverage disputes. Mr. Fishman has represented clients in litigation involving hundreds of millions of dollars. His experience includes such notable matters as the Enron Bankruptcy and World Trade Center Litigation.

Mr. Fishman has represented clients in federal and state court actions nationwide, and successfully tried numerous cases to verdict in various New York state courts. Additionally, Mr. Fishman has vast appellate court experience and prepared appellate briefs argued before the Appellate Term and Appellate Division of the State of New York.

His experience also includes handling diverse corporate matters, including asset purchases, mergers and acquisitions and corporate dissolutions. Additionally, Mr. Fishman’s transactional experience includes representing clients in various commercial and residential real estate matters and foreclosure actions involving multi-million dollar properties.

Mr. Fishman has counseled clients as to the effects of lead paint and PFOA and worked with the EPA in drafting white paper analyzing the effects of these toxins and the potential coverage and liability issues relating to the same.

Additionally, Mr. Fishman has prepared seminars and nationally distributed written publications on various insurance coverage-related topics, including additional insured coverage, general liability and lead paint.

Based upon the notion that elite legal counsel should be made available to all, Mr. Fishman and firm partner Marcus Monteiro formed a first-rate firm in Monteiro & Fishman LLP. Mr. Fishman brings the knowledge and skill derived from his years of large firm experience to provide his clients with large New York City firm quality work, but without the excessive cost.

EDUCATION

Michael Fishman was born in Peekskill, New York. He graduated from the State University of New York at Albany. After graduation, Mr. Fishman undertook graduate studies at Hofstra University in the field of biology.

Thereafter, Mr. Fishman graduated from Hofstra Law School at the top of the class and was a member of its Law Review. Mr. Fishman was actively involved in trial and appellate practice, and was a member of the Hofstra Moot Court.

Additionally, while a law student, Mr. Fishman worked at the New York City Law Department in Tax and Condemnation division.

BAR ADMISSION

The State of New York, The State of New Jersey, United States District Court - Southern District of New York.

PRIOR ENGAGEMENTS

• Represented insurer client in complex environmental insurance coverage matter involving multiple years and layers of coverage for decades of alleged environmental contamination by manufacture insured, a publicly traded company, to the surrounding ground and water. Standex International Corp. v. Fireman’s Fund Insurance Company, Case No. 08 CV 1608 (N.D. Ohio).

• Represented insurer client in a federal declaratory judgment action involving alleged environmental damage associated with certain oil spills off the Gulf Coast. Petroterminal de Panamas S.A. v. Houston Ca. Co., et al., 80 CV 0547 (JSR) (S.D.N.Y.).

• Represented clients and analyzed coverage issues associated with the World Trade Center Litigation. In re World Trade Center Disaster Site Litigation, 21 MC 100, et al. (S.D.N.Y.).

• Represented insurer client and orchestrated a favorable multi-carrier settlement of a complex declaratory judgment action associated with a multi-million dollar underlying construction-defect lawsuit. Salt River Construction Services, LLC v. USF Insurance Company et al., Case No. 07 SL-CC 01427 (Mo. Cir. Ct., St. Louis County).

• Represented insurer client in an insurance coverage dispute with the National Independent Truckers Association. American Automobile Insurance Company v. National Association of Independent Truckers, et al., Case No. 07-009470 (Fla. Cir. Ct., Broward County).

• Represented a major toy manufacture in a multi-million dollar litigation involving alleged trademark infringement, copyright infringement and other intellectual property disputes over new technology incorporated into the products.

• Acted as national counsel to insurer for specific alleged product’s liability claims arising from the insured’s alleged faulty product.

• Worked with the EPA in drafting a White Paper analyzing the affects of Perfluorooctanoic Acid (PFOA) and the potential liabilities and coverage issues associated with same.

• Granted summary judgment in favor of insurance client finding that the general contractor was not an additional insured under the subcontractor’s primary or excess insurance policies. Hargob Realty Assoc., Inc. v. Fireman's Fund Ins. Co., Index. No. 2293/07 (N.Y. Sup. Ct., Nassau County), aff’d 73 A.D.3d 856, 901 N.Y.S.2d 657 (2d Dep't 2010).

• Granted summary judgment in favor of insurer client finding that the policyholder failed to timely notify the insurer of the incident regarding tenants lead paint related injury. State Farm Fire and Casualty Company v. Jonathan Guaman, an infant under the age of seven (7) years, by his mother and natural guardian, Norma Guaman and Norma Guaman individually, Index No. 8605/06 (N.Y. Sup. Ct., Queens County).

• Granted pre-answer motion to dismiss plaintiff’s alleged tort claims and bad-faith claims. In so ruling, the court agreed with counsel and entered a finding that no independent tort existed for insurer’s denial of coverage. See William Soel, Antoinette Soehl and Deborah Soehl-Gutierrez v. State Farm Fire and Casualty Co., Index No. 08656/05 (N.Y. Sup. Ct., Suffolk County).