Thomas R Orofino

Thomas R Orofino

Partner New York, United States

Admissions

  • New York
  • US District Court, Eastern and Southern Districts of New York

Education

  • Seton Hall University School of Law, JD, 2009
  • Villanova University, BS, 2004

Tom is a Partner in the firm’s New York office and represents US and UK insurers on a range of complex insurance matters involving financial institution bonds, commercial crime policies, professional indemnity policies, cyber policies and other specialty line products.

Prior to joining the firm, Tom served as a specialty underwriter for a major international insurer, where he negotiated and underwrote primary and excess errors and omissions policies, with a focus on the media and entertainment industry. His prior underwriting work enhances his ability to analyze complex coverage issues and provides a unique perspective that benefits his clients. He has handled a number of cases in state and federal courts in connection with coverage and bad faith litigation.

Tom is a published author on a wide variety of topics, including his most recent book chapters “Cancellation and Termination,” Annotated Commercial Crime Insurance Policy (ABA, 3d Ed. 2015) and “The Other Insuring Agreements of Commercial Crime Policies,” Commercial Crime Insurance Coverage (ABA, 3d Ed. 2015).  He recently explored the rise of “Social Engineering” schemes and issues presented under crime policies in his CLE presentation, “Social Engineering – Exploiting the Human Factor and the Well-Intentioned Employee.”

Tom has been recognized as a "Rising Star" in his practice area by New York Super Lawyers in 2019.

Work highlights

  • Represent fidelity insurers with respect to over $100 million claimed loss by a major financial institution involving purported unauthorized transactions by ultra-high-net-worth client advisor.
  • Successfully defended insurer in Bermuda Form arbitration regarding coverage issues arising out of certain lawsuits related to the opioid epidemic.
  • Currently represent multiple insurers with respect to coverage issues arising under certain cyber insurance products.
  • Advise commercial crime insurers on coverage issues presented under crime policies for fraudulent wire transfer schemes or “social engineering” losses.
  • Represented certain Underwriters at Lloyd’s of London regarding purported employee dishonesty loss pursued by the FDIC as receiver for failed bank.
  • Advise Underwriters at Lloyd’s of London on significant coverage issues related to mortgage bankers bond and professional liability program.

Presentations and publications

  • “The Insurance and Allocation Issues,” presented at The Opioid Litigation Conference by Perrin Conferences (June 6, 2019)
  • “Huckabee Copyright Case and ‘Religious Assembly’ Defense,” published in Law360 (March 18, 2016)
  • “Cancellation and Termination” Chapter, Annotated Commercial Crime Policy, ABA 3d Ed. (2015)
  • Co-author, “The Other Insuring Agreements of Commercial Crime Policies,” published in Commercial Crime Insurance Coverage, ABA Book Publishing (2015)