Frederick M. Klein
Frederick M. Klein has nineteen years of litigation experience and focuses his practice on the defense of insurance agents and brokers, construction litigation, and premises liability.
Mr. Klein has successfully litigated numerous lawsuits in New York, New Jersey, and Connecticut, and has argued appellate matters before the Appellate Division in New York, the U.S. Court of Appeals for the Second Circuit, the Appellate Division of the Superior Court of New Jersey, and the Supreme Court of Connecticut.
Mr. Klein argued an interlocutory appeal before the Appellate Division in New Jersey, on the issue whether New Jersey’s regulation concerning an insurer’s non-delegable duty to provide notice of a change to a CGL policy applied upon renewal. After remanding the matter to the trial court for further findings, Nova Dev. Group, Inc. v. J.J. Farber-Lottman Co., Inc., A-5532-08T2, 2010 WL 680859 (App. Div. March 1, 2010), the Appellate Division interpreted the regulation’s language in the broker’s favor, 2010 WL 4117113 (App. Div. July 27, 2010), resulting in the dismissal of the claims against the broker and an award of costs from the insurance carrier.
Other decisions on appeals and motions argued by Mr. Klein include Transportation Consultants of Am., Inc. v. American Home Assurance Co., 14 A.D.3d 385, 788 N.Y.S.2d 90 (1st Dept. 2005) (insurance broker was not liable where the policy at issue covered the insured’s loss); Evanston Ins. Co. v. Po Wing Hong Food Market, Inc., 21 A.D.3d 333, 800 N.Y.S.2d 396 (1st Dept. 2005) (by paying the initial premium and permitting the insurer to conduct an audit, the insured ratified the insurance broker's actions), appeal denied, 6 N.Y.3d 796, 812 N.Y.S.2d 29 (2006); Geisco, LLC v. Greater N.Y. Mut. Ins. Co., 44 A.D.3d 616, 844 N.Y.S.2d 44 (2nd Dept. 2007) (the retail insurance broker was not entitled to the presumption that the wholesale broker received an insured’s claim where the correspondence from the retail broker to the wholesale broker was incorrectly addressed); Anderson v. Vestry Acquisition, LLC, No. 17544/10, 2012 WL 3663412 (Queens Cty. Aug. 27, 2012) (summary judgment in favor of life safety subcontractor in case where plaintiff fell through opening for skylight, based on subcontractor’s lack of control of plaintiff’s work and work of another subcontractor who actually installed plywood over the opening); Saraco Glass Corp. v. Yeled V'Yalda Early Childhood Ctr., 11 Misc.3d 1071(A) (Kings Cty. 2006) (summary judgment in favor of insurance broker; proposed additional insured’s claim dismissed on grounds of lack of privity and late notice).
Mr. Klein is admitted to practice before the state courts of New York, New Jersey, and Connecticut, the federal courts in the Southern and Eastern Districts of New York, the federal courts in New Jersey and Connecticut, and the United States Courts of Appeals for the Second and Third Circuits. He received his B.A. from Rutgers College in 1988 and his J.D. from the University of Pennsylvania Law School in 1994.
Robert M. Sullivan Frederick Klein
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