Fred Giordano focuses his practice on insurance coverage litigation and counseling and complex civil and commercial litigation.
Mr. Giordano’s insurance coverage practice is limited to representing policyholders. On the front side, he helps clients assess their risks and evaluate potential insurance coverage before claims even arise. He reviews insurance policies and programs and advises clients regarding the scope of their existing coverage and implementing potential improvements. He works closely with a policyholder’s insurance broker, as appropriate, and has helped draft custom policy language. When claims do arise, Mr. Giordano helps clients maximize their insurance recovery by negotiating, mediating, or litigating as necessary. Recognizing that unnecessary legal expenses can drain a company’s resources, Mr. Giordano carefully assesses his clients’ claims at the inception of matters and recommends whether or not they should pursue their claims before embarking on cases. Once engaged, Mr. Giordano collaborates with his clients and seeks the best and most efficient results for their businesses. Often, such results can be achieved through negotiation, but Mr. Giordano litigates to protect his clients’ rights and interests when insurers are unwilling to resolve claims fairly and equitably.
Mr. Giordano has litigated and counseled clients with respect to claims under a wide variety of insurance policies, including private equity fund management liability, management and professional liability, directors and officers liability, errors and omissions liability, fiduciary liability, workers’ compensation and employers liability, commercial general liability, business owners, commercial automobile, and owner-controlled insurance programs (“OCIPs”). Among other things, he has secured insurance coverage for clients for informal U.S. Securities and Exchange Commission (“SEC”) inquiries, formal and informal SEC investigations, class action securities lawsuits, derivative actions, and lawsuits alleging property damage, serious bodily injury, and construction defects. He also has handled disputes for coverage under homeowners’, builders’ risk, and property policies, including Superstorm Sandy claims.
Mr. Giordano further helps companies implement effective risk transfer. He has drafted, reviewed, and revised many contractual insurance procurement and indemnification provisions. He has particular experience with respect to the impact of anti-indemnity statutes and caselaw that limits the scope of indemnification for construction claims in many jurisdictions.
Mr. Giordano also litigates a variety of other civil and commercial matters. By way of example, he has handled disputes over warehouse lending facilities and other loans, liens, construction defects, defective products, fraud, consumer fraud, and multiple instances of breach of contract. He has arbitrated numerous cases involving breaches of agreements to purchase real property and defended developers, builders, and product manufacturers in personal injury and property damage actions.
Finally, Mr. Giordano has published and lectured on, and continues to speak and write about, numerous insurance and indemnity-related topics. He presently serves as the Secretary of the Insurance Law Section of the New Jersey State Bar Association.
Prior to joining K&L Gates, Mr. Giordano was a partner at a Newark law firm, where he focused his practice in the areas of insurance coverage and related construction issues. He also served as a member of the Board of Trustees of New Jersey Reads, a nonprofit organization dedicated to improving literacy skills of children and adults in New Jersey.