Nicoletti, Gonson, Spinner, LLP

Edward S. Benson

HeadshotEdward Benson practices insurance defense, insurance coverage, and construction law. He advises and represents insurance companies and their insureds on an extensive range of claims, including construction accidents, environmental, product liability, brokers E&O, and other emerging coverage claims. He has litigated numerous coverage disputes in declaratory judgment actions in state and federal venues nationwide.

A London native, Mr. Benson is qualified as a solicitor and is a member of the Law Society of England and Wales. He practiced commercial law in England before being admitted to the bar in the U.S.

An engaging speaker, Mr. Benson has made educational presentations to clients on a variety of coverage matters.

Education

  • LL.B., University College in London

Admissions

  • Bar of England and Wales, 1988
  • New York State Bar, 1994
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • Second Circuit Court of Appeals

Publications

  • “Coverage of Bad Faith Under ECO Provisions,” Journal of
  • Reinsurance, Winter 2004
  • “Comparison of American and English Law on Rescission,”
  • Journal of Reinsurance, Fall 2007

Cases of Note

  • Bovis Lend Lease LMB, Inc. v. Great American Ins. Co., 955
  • N.Y.S.2d 459 (1st Dept. 2008) (priority of coverage)
  • Palanquet v. Weeks Marine, Inc., 352 F.Supp.2d 361(E.D.N.Y.
  • 2005) (additional insured coverage and timeliness of disclaimer)
  • Highland Ins. Co. v. PRG Brokerage, Inc., 2004 WL 35439
  • (S.D.N.Y. 2004) (negligent misrepresentation, fraud, and RICO)
  • Bronxville Properties, Inc. v. Friedlander Group, Inc., 763
  • N.Y.S.2d 834 (2nd Dept. 2001) (adjuster E&O)
  • Point O’Woods Ass’n v. Those Underwriters at Lloyd’s, 733
  • N.Y.S.2d 146 (1st Dept. 2001) (broker’s negligent misrepresentation)
  • Residential Holding Corp. v. Scottsdale Ins. Co., 729 N.Y.S.2d
  • 776 (2nd Dept. 2001) (policy cancellation)