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 stays involved in the community, giving back to his alma mater, Fordham, by lending his wide range of legal knowledge to Fordham's Mock Trial team. He also leads the Yonkers Paddling and Rowing Club, and is a member of the Diversity, Equality and Inclusion Committee for the American Canoe Club's Camp at Lake Sebago. He successfully completed training with Billion Oyster Project and now is a Community Scientist and Steward of their Oyster Research Stations ( ORS ) located in New York Harbor and adjacent waterways. Kevin monitors the health and growth of the oysters in the ORS that are accessible via kayak.

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Practice Areas

Life, Health and Disability Litigation

Education

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

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.

September 27, 2022

NYPL Section 265.03(3), Criminalizing the Possession of a Weapon, is Unconstitutional. Here's How Defense Attorneys Can Fire Back.

Buffalo Police pull a vehicle over. The license plate is out of state. Officers approach and inform three African Americans inside a turn signal was missed. The driver has a prominent neck tattoo. He presents his Learner's Permit. The front-seat passenger, his girlfriend, presents her driver's license and paperwork for the just-purchased, out-of-state vehicle. The officers walk back to their patrol car. On a body camera, one officer can be heard saying, "They have a gun. I just know it. We need a reason to search." Quickly, an officer realizes that the young lady's driver's license is expired, making the learner's permit insufficient. "Yes, we got 'em," exclaims an officer. "We have our reason to search."

August 12, 2022

Kevin Horbatiuk Spends Day with Heroes on the Hudson

Russo & Gould Partner Kevin Horbatiuk spent his weekend on the Hudson River with Heroes on the Hudson and the Wounded Warrior Project. Kevin and members of NYC Kayak Clubs helped provide a day of fun on the water to former servicemen and servicewomen. All enjoyed a beautiful day of kayaking, sailing, and being together.

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