Eduardo DeMarco

Eduardo DeMarco

Associate Basking Ridge, United States

Admissions

  • New Jersey
  • New York
  • US Court of Appeals, Second Circuit
  • US Court of Appeals, District of Columbia
  • US District Court, New Jersey
  • US District Court, Southern District of New York

Education

  • Rutgers University School of Law – Newark, JD, 2010
  • Boston University - School of Management, BA, 2003

Eduardo is an Associate in the firm’s Basking Ridge office. He focuses his practice in the areas of insurance and reinsurance coverage litigation. Eduardo has litigated matters and counseled insurers with respect to a wide variety of insurance claims and policies concerning general liability, professional liability, directors’ and officers’ liability, pollution liability, employment practices liability, OCP liability, additional insured coverage, and umbrella/excess coverage.  He routinely handles all pre-trial litigation activities, including written discovery, depositions, motion practice and the negotiation of settlements. In addition to practicing in federal and state courts in New Jersey and New York, Mr. DeMarco has experience litigating cases in Pennsylvania, the District of Columbia, Texas, and New Hampshire.

Eduardo has extensive experience counseling clients and litigating matters related to insurance and reinsurance coverage. Some of his most significant experience includes the handling of a variety of claims against lawyers’ professional liability policies, additional insured claims including priority of coverage and fee recovery, and long-tail claims stemming from asbestos and environmental contamination.

Eduardo also represents non-insurer clients in commercial litigation disputes. Additionally, Eduardo represents companies and individuals in disputes among shareholders of a corporation, partners in a partnership, and members in a LLC.

Eduardo previously served as a judicial law clerk for the Honorable W. Hunt Dumont, Civil Presiding Judge in the Superior Court of New Jersey. Prior to beginning his legal career, Eduardo worked in trade marketing for two different Fortune 500 companies.

Eduardo has been recognized as a "Rising Star" in his practice area by Super Lawyers from 2015-2019.

 

Work highlights

  • Secured favorable outcome in high-exposure dispute concerning whether Wal-Mart was entitled to excess-layer coverage for its settlement of the catastrophic loss that injured comedian, Tracy Morgan.
  • Prevailed on summary judgment and subsequent appeal with respect to claim involving interpretation of a “business enterprise” exclusion in a lawyers’ professional liability policy.
  • Prevailed in additional-insured coverage dispute regarding interpretation of “caused by” language in an additional-insured endorsement under New York law. 
  • Successfully obtained leave to file an amicus brief to the New Jersey Supreme Court which allowed an insurer client to interpose arguments in a significant environmental lawsuit addressing allocation of coverage for losses otherwise covered by a bankrupt insurer. 
  • Litigated a hotly-contested LLC member dispute in the New Jersey Superior Court's Chancery Division that involved application of the law governing the management of an LLC, the standards of conduct for LLC members, member expulsion, and LLC dissolution.

Presentations and publications

  • Contributor, US Construction Defect Insurance Coverage Law Compendium (September 2019)
  • Author, "Courts debate if an insurer can bring a malpractice action against defense counsel it retained to defend its insured," published for Kennedys (September 2019)
  • Co-author, “Limitations on the Use of the Reasonable Expectations Doctrine and the Contra Proferentem Rule by Sophisticated Policyholders,” published for Kennedys (January 2019)
Market recognition
  • ed demarco rising stars

    Eduardo DeMarco - Rising Stars