Lowenstein Sandler PC | Our Professionals

Robert D. Chesler
Member of the Firm

Roseland
Tel: 973.597.2328 | Fax: 973.597.2329

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Robert (Bob) D. Chesler, Chair of the Insurance Practice Group, is known to his colleagues as "the insurance guru." He represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs; he has never represented an insurance company. He is a relentless advocate for his clients in their efforts to obtain coverage from their insurers. Few can match Bob's total immersion in insurance coverage law. He was a leading participant in the birth of modern insurance law in the early 1980s, when environmental and asbestos liability unleashed a new world of strict, joint and several, and retroactive liabilities on corporate America. Bob continues to successfully navigate the firestorms of coverage litigation that inevitably ensue when corporations try to pass covered liabilities to their insurance companies. He has also emerged as a leader in such new areas of insurance coverage as cyber-insurance, D&O, IP, privacy and "green" insurance.

Bob's greatest assets are his knowledge and experience. He has spent his entire career obtaining settlements from insurance companies. He can speak "insurancese" as well as the insurers, and knows how to approach insurance companies, when to talk to them and when to litigate. His depth of experience enables him to distinguish a bad insurance claim from a good one, and understand and implement best strategies for obtaining money for his clients quickly and cost-effectively.

Bob prides himself on his encyclopedic knowledge of insurance law, which is not surprising, perhaps, for a two-time law school trivia champion. He has served as the attorney of record in more than 30 reported insurance decisions. He has published dozens of articles and is a frequent speaker on insurance issues. Bob has received numerous professional accolades, including listing among The Best Lawyers in America, Chambers USA: America's Leading Lawyers for Business and Super Lawyers.

Bob comes from an academic background. He has a Ph.D. in history from Princeton University, and taught history at the college level. In addition to litigating against insurance companies and counseling clients, Bob maintains a scholarly interest in insurance. He is co-author of the seminal article Patterns of Judicial Interpretation of Insurance Coverage for Hazardous Waste Site Liability, 18 Rutgers L.J. 9 (1986), which has been cited by numerous courts, including seven state supreme courts and the Second Circuit. He co-authored Insurance Coverage for Intellectual Property and Cyber Insurance Claims, published by Thomson West, and is co-editor in chief of the Environmental Claims Journal. He has chaired seminars on the new cyber-policies for the ABA and NJSBA, and is currently Vice-Chair of the Insurance Sub-Committee of the American Intellectual Property Law Association. Bob will teach a class on insurance law at Rutgers-Newark Law School in spring 2010.

REPRESENTATIVE MATTERS:
I. Construction
We currently represent:

- a builder in a $1.2 million claim for water damage resulting from a frozen pipe.

- a builder to determine whether certain damages resulted from construction defect (covered by general liability policy) or design defect (covered by professional liability policy).

- the owner of a condo community against claims involving Chinese drywall, which allegedly causes health problems.

II. Toxic tort
- We represent companies that are seeking coverage for asbestos, silica and benzene exposures.

- We successfully represented a company seeking coverage for claims that a wood preservative it manufactured allegedly leached arsenic, resulting in bodily injury and property damage.

III. Environmental
We have successfully represented dozens of companies in many different industries, including multinational corporations such as AT&T, Union Carbide and Chrysler, and smaller businesses such as dry cleaners and gas stations, seeking insurance coverage for environmental contamination claims.

IV. Product disparagement
We currently represent companies that allegedly libeled competitors' products.

V. Copyright
We currently represent a company accused of copyright infringement. The key disputed issue is whether settlement costs are covered 'damages' or, as alleged by the insurer, uncovered restitution.

VI. D&O litigation
- We recently successfully resolved a case that raised the issue of whether governmental subpoenas constitute covered claims.

- We have advised dozens of companies with respect to D&O coverage issues.

VII. Cyber
- After hackers disabled a retail client's Web site, we successfully resolved a dispute over coverage under a Web site business interruption policy.

- We have also advised a retail chain concerning the purchase of privacy insurance.

VIII. Employment
We currently represent a company regarding the issue of whether a notice of charges from the EEOC constitutes a claim that requires notice to the employment insurance carrier.

View More...

	Wheel In The Sky Keeps On Turning Mealey's Litigation Report: Construction Defects Insurance, August 2010 Robert Chesler, Michael Lichtenstein
	Key Recent Insurance Coverage Decisions New Jersey Law Journal, June 7, 2010 Robert Chesler, Michael Lichtenstein
	The Insurance Broker and Coverage Disputes: Emerging Issues Professionals', Officers' and Directors' Liability Committee Newsletter, Spring 2010 Robert Chesler
	Survey of Recent D&O Insurance Case Law Insurance Law Client Alert, January 2010 Robert Chesler, Michael Lichtenstein
	The Intersection of Data Breach and D&O Exposure Insurance Law Client Alert, December 29, 2009 Robert Chesler, Michael Lichtenstein
	No D&O Coverage For Payment To Shareholder Class Parties Fight Over Access to D&O Proceeds Insurance Law Client Alert, October 2009 Robert Chesler
	Recent Court Decisions Address Key Coverage Issues Under D&O Policies Insurance Law Client Alert, September 2009 Robert Chesler
	The Prevalence Of Privacy: Issues For In-House Counsel In The Information Age The Metropolitan Corporate Counsel (also published in the NJCCA Newsletter, July 10,2009), June 2009 Matthew Savare, Mary Hildebrand, Robert Chesler
	Court Casts Doubt on Effectiveness of Additional Insurance Coverage Insurance and Construction Litigation Alert, May 2009 Robert Chesler, Adrienne Isacoff
	Ten Significant Recent Insurance Decisions Mealey's Litigation Report: Insurance, May 14, 2009 Robert Chesler
	New Jersey Appellate Division Estops Insurers From Denying Coverage Based on Faulty Reservations of Rights Insurance Law Client Alert, May 8, 2009 Robert Chesler, Michael Lichtenstein
	New Jersey Court Expansively Interprets Term "Physical Damage" in Property Policy Insurance Law Client Alert, May 2009 Robert Chesler, Michael Lichtenstein
	Interrelated Acts, Unrelated Case Law Coverage, March/April 2009 Robert Chesler, Syrion Jack
	Lions and Tigers and Notice: Notice requirements under claims-made insurance policies New Jersey Law Journal, February 23, 2009 Robert Chesler
	Persistence Of Trigger, Allocation Disputes Law360, February 11, 2009 Robert Chesler
	Court Adds Clarity to "Your Work" Exclusion Insurance and Construction Litigation Alert, January 22, 2009 Robert Chesler, Adrienne Isacoff
	Does A Subpoena Constitute A ‘Claim’ For Purposes Of D&O Insurance Coverage? Mealey's Emerging Insurance Disputes, January 21, 2009 Robert Chesler
	The Coming Clash of Intellectual Property with Insurers NJBiz, November 24, 2008 Robert Chesler
	AIG: Time to Evaluate, Not Panic Insurance Law Alert, September 19, 2008 Robert Chesler, Michael Lichtenstein
	Claim Denied Newsletter Claim Denied Alert, July 2008 Robert Chesler, Mitchell Decter, Michael Lichtenstein
	Navigating the Cyber-Insurance Marketplace Bloomberg Law Reports - Republished in CPCU Society Risk Management Interest Group April 2010, June 30, 2008 Robert Chesler
	Insurance Coverage For Intellectual Property Infringement Bloomberg Law Reports, Insurance Law, June 23, 2008 Robert Chesler
	Filling the Gaps in your Coverage Portfolio with Cyber Policies: Lost or Damaged Data Bloomberg Law Reports, Insurance Law, June 9, 2008 Robert Chesler
	Privacy Liability--Are You Covered? Bloomberg Law Reports, Insurance Law (also published in Risk Management Interest Group, June 2009), June 2, 2008 Robert Chesler
	The Receipt of a Subpoena Constituting a Coverage-Triggering "Claim" Coverage, an ABA Insurance Publication, March/April 2008 Robert Chesler
	Insurance Law Newsletter Claim Denied, February 2008 Robert Chesler
	Back to Basics: Significant Insurance Cases of 2007 Focused on Policy Construction, Procedural Issues New Jersey Law Journal, January 21, 2008 Robert Chesler
	Insurance Coverage for In-House Counsel Insurance Coverage Alert, January 2008 Robert Chesler, Michael Lichtenstein
	Secrecy and Seclusion: Developments in Privacy Insurance Law Enivornmental Claims Journal, July 2007 Robert Chesler, Stefan Kalina
	A Specialized Risk: IP Coverage No Longer Available Under CGL Policies The Metropolitan Corporate Counsel, June 2007 Robert Chesler, Stefan Kalina
	A Specialized Risk New Jersey Law Journal, April 23, 2007 Robert Chesler, Stefan Kalina
	Directors & Officers Insurance Coverage: Half Full Or Half Empty? The Metropolitan Corporate Counsel, March 2007 Robert Chesler, Stefan Kalina
	Suit Limitation Provisions Claim Denied, February 2007 Robert Chesler
	Insurance Coverage For Employee ‘Intentional’ Injury Claims Claim Denied, February 2007 Robert Chesler
	Disclaimer Delayed Is Not Necessarily Coverage Denied New Jersey Law Journal, January 29, 2007 Robert Chesler, Stefan Kalina
	Zurich American Insurance Company v. ABM Industries, Inc.: Understanding The Complexities Of Business Interruption Coverage The Metropolitan Corporate Counsel, October 2006 Robert Chesler
	Rolling the Dice: How Many Occurrences Have Occurred? Environmental Claims Journal (Taylor & Francis), Vol. 17, No. 1, Winter 2005 Robert Chesler
	Premises Liability Asbestos Claims Claim Denied Insurance Coverage Newsletter, August 2005 Robert Chesler
	Preserving D&O Coverage For Directions Claim Denied Insurance Coverage Newsletter, August 2005 Robert Chesler
	Court Places Limits on Insurer's Reservation of Rights Claim Denied Insurance Coverage Newsletter, August 2005 Robert Chesler
	Advertising Injury Coverage: Good News, Bad News Claim Denied Insurance Coverage Newsletter, August 2005 Robert Chesler
	The Absolute Pollution Exclusion at 20 - Continuing Uncertainty Environmental Claims Journal (Taylor & Francis), Vol. 17, No. 3-4, Summer-Fall 2005 Robert Chesler
	Managing Your Insurance Broker: Promises & Potential Liability Commerce Magazine, July 2005 Robert Chesler
	D&O Insurance: Now You See It, Now You Don't The Metropolitan Corporate Counsel, June 2005 Robert Chesler
	Silica Litigation On The March "Claim Denied Insurance Coverage Newsletter", January 2005 Robert Chesler
	Having The Right Insurance The ICFAI Journal of Insurance Law, January 2005 Robert Chesler
	New Decision Clarifies New Jersey Law On Insurer's Duty To Defend Claim Denied Insurance Coverage Newsletter, January 2005 Robert Chesler
	Protecting Against Silica Claims Insurance and Mass Tort Alert, November 2004 Robert Chesler
	Practical Insurance Tips for Risk Managers and In-House Lawyers riskVue, October 2004 Robert Chesler
	Practical Insurance Tips for Risk Managers and In-House Lawyers Hard Hat News, September 3, 2004 Robert Chesler
	The Perils of Additional Insured Status riskVue, August 2004 Robert Chesler
	New Decision Clarifies New Jersey Law On Insurer’s Duty To Defend Insurance Law Alert, August 2004 Robert Chesler
	Broker - Client Conflicts Claim Denied Insurance Coverage Newsletter, July 2004 Robert Chesler
	Notice: Good News, Bad News Claim Denied Insurance Coverage Newsletter, July 2004 Robert Chesler
	Is Silica the Next Asbestos? New Jersey Law Journal, June 28, 2004 Robert Chesler, James Stewart, Geoffrey T. Gibson, Esq.
	The Perils of Additional Insured Status Insurance Law Alert, June 2004 Robert Chesler
	The Perils of Additional Insured Status Insurance Law Alert, June 2004 Robert Chesler
	Practical Insurance Tips For Risk Managers And In-House Lawyers The Metropolitan Corporate Counsel, June 2004 Robert Chesler
	Current State of Insurance Coverage Landscape Claim Denied Insurance Coverage Newsletter, April 2004 Robert Chesler
	Insurer Insolvency On The Rise: What You Should Know To Maximize Recovery Insurance Law Alert, April 2004 Robert Chesler
	Having The Right Insurance Environmental Claims Journal, Vol. 16, No. 2, Spring 2004 Robert Chesler
	Silica Claims on the Rise - Will You Have Insurance Coverage? Insurance Law Alert, March 2004 Robert Chesler, Geoffrey T. Gibson, Esq.
	The Emerging World of Internet Insurance HRH Risk Issues, February 2004 Robert Chesler
	Absolute Pollution Exclusion Update: Court Decision May Create Uninsured Exposure Insurance Law Alert, January 2004 Robert Chesler
	Absolute Pollution Confusion New Jersey Law Journal, November 17, 2003 Robert Chesler, Kristina Pasko
	Bad Faith Claims Handling and Punitive Damages Environmental Claims Journal, Winter 2003 Robert Chesler
	Northern Insurance: Coverage for Preventative Measures in Cell Phone Case Environmental Claims Journal (Taylor & Francis), Vol. 15, No. 3, Summer 2003 Robert Chesler, Priya Masilamani
	D&O Insurance: The New Math Claim Denied Insurance Coverage Newsletter, May 2003 Robert Chesler, Adam S. Cantor, Esq.
	The Emerging World of Internet Insurance Claim Denied Insurance Coverage Newsletter, May 2003 Robert Chesler
	Multiple Deductibles and Multiple Occurrences in Mass Tort Litigation Claim Denied Insurance Coverage Newsletter, May 2003 Robert Chesler
	When Coverage Does Not Meet Expectations New Jersey Law Journal, April 14, 2003 Robert Chesler
	Moore Is Less: Benjamin Moore At War With The Doctrine Of Reasonable Expectations Mealey's Litigation Report, April 1, 2003 Robert Chesler
	Traps Set for the Unwary - California Supreme Court Invalidates Policy Rights in Corporate Restructuring Environmental Compliance & Litigation Strategy, March 2003 Robert Chesler, Michael Rodburg
	Environmental Insurance Law: Filling in the Gaps New Jersey Law Journal, February 2003 Robert Chesler, Alexander J. Anglim, Esq.
	New Jersey Environmental Insurance Law: Filling In The Gaps Mealey's Litigation Report, January 7, 2003 Robert Chesler, Alexander J. Anglim, Esq.
	The Current Insurance Picture: Hard Markets, Closed Fists Claim Denied Insurance Coverage Newsletter, November 2002 Robert Chesler
	Court Says No to AOL on Insurance Coverage for Defective Software Claims Claim Denied Insurance Coverage Newsletter, September 2002 Robert Chesler
	The D&O Hard Market: Top Ten Survival Tips Claim Denied Insurance Coverage Newsletter, September 2002 Robert Chesler
	Court Says No to AOL on Insurance Coverage for Defective Software Claims Insurance Law Alert, August 2002 Robert Chesler
	New Jersey Court Extends the Reach of the Absolute Pollution Exclusion Clause to Non-Environmental Claims Insurance Law Alert, July 2002 Robert Chesler
	Do You Know Where Your Intellectual Property Insurance Is? Claim Denied Insurance Coverage Newsletter, March 2002 Robert Chesler
	Insurance Basics Building Material Dealer, February 2002 Robert Chesler
	Essentials of Business Interruption Insurance Law Mealey's Litigation, December 2001 Robert Chesler, Alexander J. Anglim, Esq.
	New Jersey Supreme Court Creates Sweeping Broker Liability Mealey's Litigation Report, November 6, 2001 Robert Chesler, Christian E. Jarecki, Esq.
	Return of the Asbestos Insurance Wars New Jersey Law Journal, November 5, 2001 Robert Chesler, Lisa M. Campisi, Esq.
	One Family's Experience: Why Punitive Damages Are Appropriate In Mold Insurance Cases Mealey's Litigation Report, November 2001 Robert Chesler, Carmela Cannistraci, Esq.
	Courts Disagree on Insurance Coverage for Data Insurance Law Alert, October 2001 Robert Chesler, Jennifer A. Lopez, Esq.
	The ABC's of D&O Coverage New Jersey Lawyer the Magazine, October 2001 Robert Chesler, Lisa M. Campisi, Esq.
	Metropolitan Life and Hercules: The Risks of Allocation Litigation Environmental Claims Journal, Summer/Autumn 2001 Robert Chesler, Adam S. Cantor, Esq.
	New Jersey Law Provides Coverage For Asbestos Claims Claim Denied Insurance Coverage Newsletter, June 2001 Robert Chesler, Christian E. Jarecki, Esq.
	An Insurer's Obligation to Provide a Quality Defense: An Analysis of Insurer Litigation Guidelines Environmental Claims Journal, Spring 2001 Robert Chesler, Christopher D. Hopkins, Esq.
	Cooperating With Your Insurer And Reverse Bad Faith Claim Denied Insurance Coverage Newsletter, February 2001 Robert Chesler
	Does Your Disability Insurance Require You To Become A Gate Attendant? Claim Denied Insurance Coverage Newsletter, February 2001 Robert Chesler
	Computer Crash Covered by Brick-And-Mortar Insurance Policy: The Implications of the Groundbreaking Ingram Micro Case Internet Insurance Alert, October 2000 Robert Chesler, Christian E. Jarecki, Esq.
	Insurance Coverage for Clean Ups Claim Denied Insurance Coverage Newsletter, September 2000 Robert Chesler
	The Development of New Jersey Bad Faith Law Mealey's Litigation Report, Issue 8, 2000 Robert Chesler
	Bad Faith and Insurer's Duty to Reconstruct Missing Policies Environmental Claims Journal, Summer 2000 Robert Chesler, Robyn Ann Valle, Esq.
	Beware the Absolute Pollution Exclusion Clause Claim Denied Insurance Coverage Newsletter, June 2000 Robert Chesler
	An Outline of Liability Insurance Issues Claim Denied Insurance Coverage Newsletter, June 2000 Robert Chesler
	New Jersey Appellate Division Addresses Insurance Coverage for Intellectual Property and Business Torts Insurance Law Alert, April 2000 Robert Chesler
	Courts Address Patent Insurance Issues New Jersey Law Journal, March 20, 2000 Robert Chesler, Robyn Ann Valle, Esq.
	Recovering environmental cleanup costs Claim Denied Insurance Coverage Newsletter, February 2000 Robert Chesler
	American Guarantee Seeks Declaratory Judgment that Xerox Waited Too Long to Seek Coverage for Y2K Claim Denied Insurance Coverage Newsletter, September 1999 Robert Chesler
	Internet Insurance Coverage: Potential for Coverage Under Traditional Policies Claim Denied Insurance Coverage Newsletter, September 1999 Robert Chesler, Robyn Ann Valle, Esq.
	Current Case Developments Environmental Claims Journal, June 1999 Robert Chesler, Carmela Cannistraci, Esq.; Christian E. Jarecki, Esq.
	Broker Liability in a Changing Insurance World Claim Denied Insurance Coverage Newsletter, April 1999 Robert Chesler, Christian E. Jarecki, Esq.
	New Environmental Insurance Products Increase Protection Claim Denied Insurance Coverage Newsletter, March 1999 Robert Chesler
	Did the Titanic's Insurer Deny Coverage? Claim Denied Insurance Coverage Newsletter, November 1998 Robert Chesler
	The Failure of the General Liability Policy and the Rise of Niche Insurance Claim Denied Insurance Coverage Newsletter, November 1998 Robert Chesler, Robyn Ann Valle, Esq.
	New Environmental Insurance Policies New Jersey Law Journal, October 1998 Robert Chesler, Robin Kelliher
	Trial of the Environmental Insurance Case New Jersey Law Journal, July 1998 Robert Chesler

	Robert Chesler discusses lawyers' and law firms' need for cyber insurance policies, which provides coverage for intangibles such as identity theft and IP infringement--claims that general policies do not cover., Lawyers USA, July 21, 2010
	The article "Does a Subpoena Constitute a Claim for Purposes of D&O Insurance Coverage," written by Robert Chesler and Cindy Sonenblick, is highlighted., The D&O Diary, January 21, 2009
	Robert Chesler discusses the growth of cyber insurance, a new form of coverage for intangible Internet-based property loss., Lawyers USA, April 21, 2008

differentiated by its sheer volume of high-quality lawyers. – Chambers USA Guide

	Insurance Coverage
	Litigation
	Privacy Law

	Harvard Law School (J.D., 1982), cum laude
	Princeton University (Ph.D., 1979)
	Princeton University (M.A., 1976)
	Rutgers, The State University of New Jersey (B.A., 1973), summa cum laude, Phi Beta Kappa

	New York
	New Jersey

Professor, State University of New York at Purchase (1978-1979)
Vice-Chair, Intellectual Property Insurance Sub-Committee of the American Intellectual Property Law Association
Legal Methods Instructor, Harvard University (1981)
American Bar Association
- Environmental Insurance Subcommittee
- Litigation Section
- Torts Section
- Insurance Practice Section
New Jersey State Bar Association
- Co-Chair, Environmental Insurance
- Committee of the Environmental Section
Essex County Bar Association
- Former Co-Chair, Insurance Committee

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