David L. Elkind Partner

Washington, DC
T 202.753.3772 | F 202.753.3838



Dave has successfully represented Fortune 500 corporations, numerous energy companies, and a host of other clients in a wide range of insurance coverage disputes for more than 28 years. In recent years, his practice has focused largely on insurance coverage claims for environmental liabilities and mass tort claims, which are among the most complex of coverage claims. He has recovered more than $1.3 billion for his clients, has won eight of nine trials, and has argued precedent-setting appeals before the highest state courts in New York and Massachusetts, and before the First and Second Circuits.

A strong and persuasive litigator, Dave has a talent for giving juries the critical historical context they need to help differentiate willful acts from legal and customary business activities. He also aggressively pursues favorable settlement opportunities at all times, regardless of the status of litigation. Although Dave believes the best settlements are achieved with a credible threat of litigation, he focuses on negotiating reasonable settlements in order to minimize cost and disruption to his clients’ business.

In addition to his insurance coverage work, Dave has successfully tried a libel action and two CERCLA contribution actions, one of which earned him Law360’s Environmental MVP award. Both verdicts were affirmed by the Second Circuit.

Renowned for his insurance recovery experience, Dave frequently lectures on coverage issues before various industry audiences and has been a visiting lecturer at Yale University Law School. He is the author of articles and book chapters on insurance topics ranging from how to obtain insurance coverage for environmental claims to trial strategies for insurance coverage actions.

Representative Engagements

Nooter Corporation v. Allianz Underwriters Insurance Co. Lead trial counsel for the policyholder in an action in which the jury found coverage for asbestos claims under excess liability insurance policies, awarding the policyholder compensatory and punitive damages. The court also issued pretrial rulings that entitle Nooter to obtain hundreds of millions of dollars for future asbestos claims.
Boston Gas Co. d/b/a KeySpan Energy Delivery New England vs. Century Indemnity Co. Lead trial counsel for the policyholder in two separate trials in which a unanimous jury twice found that Boston Gas Company was entitled to insurance coverage for former manufactured gas plant sites.
Consolidated Edison Company of New York, Inc. v Allstate Insurance Co. Lead trial and appellate counsel for the policyholder concerning insurance coverage for environmental claims.
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Other Distinctions

  • The Best Lawyers in America (2010 - 2017)

Publications

Chapter 26, Strategies for Trial
New Appleman Insurance Law Practice Guide, 2008
David Elkind
Insurance Coverage Litigation Involving MGP Claims
The GEI MGP Reporter, 2007
David Elkind

Related Areas

Insurance Recovery Group
Litigation

Education


Georgetown University Law Center ( J.D. , 1983 ) , cum laude
George Washington University ( B.A. , 1979 ) , with distinction

Bar Admissions


District of Columbia
New York

Court Admissions


U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, District of Columbia
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Fifth Circuit