Attorney Biography of Kevin G. Horbatiuk Russo & Gould LLP

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Kevin's practice focuses on defending claims for benefits under ERISA group insurance plans, property and casualty defense work and regulatory defense work.

He is counsel in New York State for various Cigna companies such as Life Insurance Company of North America, Connecticut General Life Insurance Company and Cigna Life Insurance Company of New York as well as various self-funded Employer Benefit Plans.

Kevin acts as Qualified Officer for Cigna Life Insurance Company of New York. In addition, he is on the approved panel of outside counsel for JP Morgan ChaseBank, NA, Target Corporation, Lancer Indemnity Insurance Company and various Managing General Agents for National Trucking Companies and Insurers.

He has been retained to represent numerous national self-insured accounts in personal injury, property damage lawsuits and trucking accident cases as well as to provide pre-litigation services concurrent with the happening of a catastrophic event.

Kevin also gives back to his alma mater, Fordham by lending his wide range of legal knowledge to Fordham's Mock Trial team

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Practice Areas

Life Health and Disability Litigation

Education

1981 J.D. Fordham University School of Law
1978 B.A. in History, summa cum laude from Fordham University

Experience

Was a Senior Trial Counsel for Cigna's in-house litigation office for 13 years
Has litigated numerous high exposure construction, transportation and products liability cases in Kings and Bronx Counties

Admissions

Supreme Court of the United States
United States Court of Appeals for the Second Circuit
United States District Courts for the Southern, Eastern, Northern and Western Districts of New York
New York State Bar

Memberships

Defense Research Institute's Life, Health and Disability Litigation Committee.
Catholic Lawyers Guild

Speaking Engagements

National Business Institute : Advanced Civil Litigation Skills in New York; Long Island , New York; November 2015 ( "Using Evidence to Support Your Proposed Damages Claim," "Addressing Weaknesses in Your Case in Closing Arguments." )

American Conference Institute: 16th National Advanced Forum on Ligating Disability Insurance Claims, New York, NY, January 23, 2013; The Discovery Battle Continues: The Current Scope and Limitations of Discovery in Disability Claims Actions, and Tactics and Strategies for Securing Meaningful and Useful Discovery for Your Case.

American Conference Institute: 11th National Advanced Forum on Ligating Disability Insurance Claims, Boston, MA, June 12, 2008; Subjective Disorders: Practical Tips for Utilizing the Medical Facts in Litigation For the Defense, Mock Disability Trial: The Defense Perspective.

Eastern Claims Conference, New York, NY, February 26, 2008, Mock Mediation-Behind Closed Doors.

National Business Institute: Powerful Evidence in New York Civil Litigation, Long Island, NY, January 2004.

New York State Bar Association: Basics of Premises Liability 2001, December 7, 2001, "Put Up Your Dukes": Tavern owner liability, bar fights, aggressive bouncers, transferred intent, dram shop update.

New York State Bar Association: New York City Faculty for the "Discovery 2000-For Experienced Litigators Seminar, May 12, 2000, Trial Considerations.

News Insights

April 25, 2019

Kevin Horbatiuk Obtains Reduction In Fees And Interest In ERISA Case

Kevin Horbatiuk received a favorable decision for our client in the case Cohen v. Life Insurance Company of North America, in the United States District Court for the Southern District of New York (Civil Action No. 17 CV 9270) from District Judge J. Paul Oetken.

February 23, 2021

New York's New Amended Uniform Court Rules: How to Make Them Your Friend

This program will address the implementation of significant amendments to the Uniform Court Rules for the Trial Courts of the State of New York. The program will focus on the most important rule changes that will materially affect the day to day practice in the Civil Trial Courts. The course will not only focus on the changes but how to best adjust your practice habits to be in compliance.

February 5, 2021

Lee-David Weiner Wins Summary Judgment On Behalf Of A Project Manager In A Trip And Fall On The Side

Mr. Weiner wins summary judgment In Stakey v. Town of Riverhead et al. Suffolk County Index No: 15-00089. The Court in an 8-page decision held that our client did not perform any work on the subject sidewalk and was not responsible for the safety or means and methods of each individual contractor pursuant to the contract between our client and the subcontractor performing the work.

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