Elyor Pogorelskiy focuses his practice on complex commercial insurance litigation, and has experience in all pre-trial phases of commercial litigation, appellate practice in state and federal courts, and alternative dispute resolution proceedings. He frequently handles cases involving disputes that include property and casualty, professional liability, fiduciary liability, products liability, general liability, and other claims. Mr. Pogorelskiy is a member of the firm’s Insurance + Reinsurance Group.
Insurance Coverage Litigation
Mr. Pogorelskiy’s litigation experience includes representation of both domestic and offshore insurers and reinsurers in complex insurance coverage litigation matters in state and federal courts, as well as in alternative dispute resolution proceedings. He regularly represents insurers in declaratory judgment actions, breach of contract claims, and claims involving allegations of bad faith, unfair claims settlement practices, and extra-contractual damages. He has experience in litigating insurance coverage and liability issues arising under major professional liability lines - including directors and officers (public and private companies), banker and financial professional liability, errors and omissions, and fiduciary liability - as well as property and casualty lines, including residential and commercial property, loss of business income claims, commercial general liability, product liability, and construction liability. In addition to litigating coverage disputes in state and federal courts throughout the United States, Mr. Pogorelskiy has represented clients in alternative dispute resolution proceedings, including mediations and arbitration proceedings in Bermuda.
Insurance Coverage Advice and Analysis
Mr. Pogorelskiy provides coverage analysis and advice to insurers under various types of insurance policies involving both occurrence-based and claims-made policies, and primary as well as umbrella/excess layers. He has experience in counseling property insurers regarding residential and commercial first-party property claims, and claims involving loss of business income. His experience also includes counseling liability insurers under major casualty lines, as well as professional and fiduciary liability lines, in the context of complex claims implicating multiple policy periods. Mr. Pogorelskiy has provided advice and guidance to insurers on matters including securities class actions, shareholders derivative actions, private equity disputes, as well as bankruptcy and insolvency issues arising in the insurance context. In addition to coverage issues under liability policies, he has provided guidance with respect to coverage under punitive damages insurance policies, including the implications of the findings and verdicts in the underlying litigations on the attachment of the punitive damages policies.
Mr. Pogorelskiy provides advice and guidance to insurers and other insurance professionals under stringent and complex insurance statutes and regulations affecting the clients in each state of operation. He has counseled insurance professionals on licensing requirements, and has been involved in providing guidance to Fortune 500 companies on issues affecting the development, administration, marketing, and sales of insurance products.
Mr. Pogorelskiy was a judicial clerk at the New York State Supreme Court, Appellate Division, where he did extensive legal research and prepared case recommendations to the Justices of the court on civil, criminal, and administrative law issues presented before the court on appeal and motion practice.