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Joseph D. Jean is an insurance litigator and member of Lowenstein Sandler's Insurance Practice Group. He represents clients in litigations and alternative dispute resolutions involving insurance coverage and complex commercial matters. Mr. Jean's experience includes general and product liability, directors and officers, investigations, employment issues, toxic torts, as well as property damage and business interruption. He has practiced in federal and state courts as well as in domestic and international insurance and reinsurance arbitrations and mediations throughout the country.
Mr. Jean also advises clients with respect to insurance coverage issues that arise during purchases and sales of assets and mergers and acquisitions. In this role, he assesses potential tort, product, and environmental liabilities, and identifies potential sources of insurance coverage for clients. Additionally, he advises clients on insurance matters that impact day-to-day business activities, such as proper approaches to claims handling and drafting of contracts to maximize coverage and minimize subrogation risks.
Active in pro bono matters, Mr. Jean serves as national counsel for a non-profit professional association. He has also argued criminal appeals and petitions for indigent clients in state and federal jurisdictions.
Prior to joining Lowenstein Sandler, Mr. Jean practiced at Dickstein Shapiro LLP and Skadden, Arps, Slate, Meagher & Flom LLP.
Representative Matters
Mr. Jean’s recent representations have included:
- Representation of Murray Energy Corporation and several of its subsidiaries and affiliates in connection with the tragic events at the Crandall Canyon Mine in Utah, including with respect to insurance coverage under its general liability, directors and officers, property, and worker’s compensation policies.
- Representation of New York University, wherein Mr. Jean secured and maintained insurance coverage for its defense of more than 100 "inhalation" claims that have been made against it arising from the September 11 terrorist attacks.
- Representation of one of the world’s largest pharmaceutical companies with respect to all aspects of its insurance program, including insurance coverage for securities, derivative, fiduciary, ERISA, products liability, and environmental claims. In connection with this representation, Mr. Jean secured millions of dollars in reimbursements for the client’s significant defense costs related to these claims.
- Representation of The Port Authority of New York and New Jersey before the U.S. Court of Appeals for the Second Circuit in connection with The Port Authority's efforts to recover its defense costs arising from numerous 9/11-related suits in which it has been named as a defendant.
- In the consolidated declaratory judgment actions known as Swiss Re International et al. v. WTC Properties et al., 01 CV 9291 (S.D.N.Y.), Mr. Jean was a leading member of the team that represented The Port Authority in connection with its property and business interruption losses stemming from the September 11, 2001 terrorist attacks on the World Trade Center. After nearly six years of litigation in the U.S. District Court for the Southern District of New York, the Second Circuit, and the New York State Supreme Court, as well as a lengthy appraisal hearing, Silverstein Properties, The Port Authority, and the retail lessee collected approximately $4.55 billion in insurance proceeds.
- Representation of a major national developer and commercial property owner in connection with its more than $150 million in property damage and rental losses suffered at a combined office complex and governmental facility in New York City as a result of the September 11 terrorist attacks. Mr. Jean worked extensively with the U.S. Attorney's Office and environmental and construction experts. After mediation, a significant and favorable settlement was reached for the clients.
- Representation of the insurance arm of one of the world’s largest international banks against a number of Lloyd's Syndicates in an international arbitration involving political risk insurance and reinsurance that resulted in an award of more than $30 million in reinsurance proceeds, attorneys' fees, and interest from its reinsurers.
- Representation of an international provider of nuclear and fossil fuel energy in connection with more than $30 million in nuclear fuel rod losses at one of its nuclear energy generation plants.
- Representation of a building products manufacturer in connection with the insurance aspects of a more than $400 million domestic and international acquisition.
Speaking Engagements
- Speaker, ABA Section of Litigation 2012 Insurance Coverage Litigation Committee CLE Seminar, "Insurer Litigation Guidelines: Ethical Issues for Insurer-Selected and Independent Defense Counsel" (March 1-3, 2012).
- Speaker, ACI's 22nd National Advanced Forum on Bad Faith Litigation, "The View from the Policyholders’ Bar: Tailoring Your Strategies to the New Wave of Claims Being Asserted" (November 30-December 1, 2011).
- Speaker, NJCCA Annual Dinner, "Litigation Guidelines and Related Ethical Considerations: balancing the Interests of Insurers and Policyholders" (November 17, 2011).
- Speaker, Lowenstein Sandler Client CLE Program, "Essential Insurance Claims Handling: Techniques to Maximize Insurance Coverage" (November 15, 2011).
- Speaker, ABA Section of Litigation Insurance Coverage Committee CLE Seminar, "Bad Faith and Summary Judgment" (March 4, 2011).
- Speaker, Perrin Conferences' Emerging Insurance Coverage & Allocation Issues, "Charting a Course Through the Grey Areas of Insurance Allocation" (January 24, 2011).
- Speaker, ACI's 21st National Advanced Forum on Bad Faith Litigation (November 30-December 1, 2010).
- Speaker, New York State Bar Association, Business Law Section, Fall Meeting, "Developments in Coverage Law in New York" (October 15, 2010).
- Speaker, ABA Section of Litigation Insurance Coverage Committee CLE Seminar, "Measuring Business Interruption Loss in Wide-Impact Catastrophes: Insurance Against Catastrophes or Only Against Insured Damage from Catastrophes?" (March 5, 2010).
- Speaker, ACI's 15th Annual Advanced Forum on D&O Liability, "Examining the Impact of Emerging Government Investigations and Actions on D&O Policies" (December 1, 2009).
- Speaker, Strafford Publications CLE Webinar, "Insurer's Duty to Defend: Resolving Cost Issues: Strategies for Defense Cost Reimbursement and Allocation" (November 11, 2009).
- Speaker, RIMS 2009 Annual Conference Exhibition, "Strategies for Controlling Defense Costs and Getting Your Insurer to Pay" (April 21, 2009).
- Conference co-chair, Speaker, BVR Legal/Mealey's Bad Faith Litigation Conference, "The Bad Faith Set Up" (November 6-7, 2008).
Clerkships
State of Vermont Judiciary.
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Lowenstein Sandler's addition of Joseph Jean as Member of the Firm in its New York office is highlighted.,
Dow Jones Factiva, The Deal, Crain's New York Business, November 11, 2010
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Vermont Law School
(J.D., 1997),
cum laude, Recipient of the American Bankruptcy Institute’s Excellence in Bankruptcy Award,
Articles Editor for the Vermont Law Review
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Trinity College
(B.A., 1994)
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New York
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Connecticut
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1998,
U.S. District Court for the District of Connecticut
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2000,
U.S. District Court, Southern District of New York
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2005,
U.S. District Court, Eastern District of New York
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2005,
U.S. Court of Appeals, Second Circuit
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2010,
U.S. Court of Appeals, Ninth Circuit
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2005,
U.S. Supreme Court
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- American Bar Association
- New York Bar Association
- AIDA Reinsurance and Insurance Arbitration Society (ARIAS)
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