Michael S. Komar

Michael S. Komar

Partner


MENZ BONNER KOMAR & KOENIGSBERG LLP


mkomar@mbkklaw.com

Telephone (914) 949-0222

Facsimile (914) 997-4117

Profile

MICHAEL S. KOMAR is a founding member of the Firm and has almost twenty-five years of experience handling complex insurance coverage and commercial litigation matters. Over the past two decades, Mr. Komar's insurance coverage litigation experience has included handling dozens actions involving pollution, asbestos, silica, lead paint, toxic tort, construction defect, general liability and California Prop. 64 and 65 claims, in addition to representing insurance clients in prepackaged bankruptcy, reinsurance, broker liability and first-party property disputes. Many of the coverage actions defended by Mr. Komar involved claims not only for declaratory judgment and breach of contract, but also bad faith and unfair claim handling practices.


As a result of his many years of experience representing insurance carriers, Mr. Komar has developed an intimate working knowledge of the various liability insurance policy forms utilized through the years (e.g., M&C, OL&T, Garage Keepers Liability, CGL, Spectrum Business Liability, umbrella, excess and claims-made coverage forms). In addition, Mr. Komar has taken and defended hundreds of fact witness and expert depositions, argued numerous discovery, in limine and dispositive motions, participated in the trial/hearing of a number of cases and arbitrations, submitted and argued various appeals, and interviewed countless individuals involved with underwriting, the development of policy forms, drafting committees of the NBCU, IRB and ISO, the handling of claims, and the rendition of loss control and engineering services.


Aside from his extensive work in the insurance coverage field, Mr. Komar also has spent many years representing banks and other clients in various securities actions, and has provided litigation advice to financial institutions and investors in connection with various corporate transactions. Mr. Komar also has extensive experience defending commercial contract and business disputes, product liability, toxic tort and environmental cases, including government, class action and individual claimants. He has represented clients in tobacco litigation as well as chemical, petroleum and manufacturing companies in asbestos, multi-chemical sensitivity, CERCLA, and Navigation Law actions, and financial industry clients in complex business disputes.


Mr. Komar was the recipient of a Presidential Scholarship and earned his Bachelor of Arts degree summa cum laude at Saint Bonaventure University in 1989, attended honors programs at Greyfriar's Hall of Oxford University, and received his J.D. cum laude from Cornell Law School in 1992. At Cornell Law School, Mr. Komar was a member of the Cornell International Law Journal and the recipient of an American Jurisprudence Award for Academic Excellence. After graduation, Mr. Komar became associated with the firms of Jaeckle, Fleischmann & Mugel LLP and Stenger & Finnerty in Buffalo, New York, where he handled commercial litigation matters, insurance coverage, product liability and environmental cases. In 1997, Mr. Komar became associated with the law firm of Simpson Thacher & Bartlett, focusing on insurance coverage and complex litigation matters. Mr. Komar is a graduate of the National Institute of Trial Advocacy and is a member of the New York State Bar Association and the Bar Association of the City of New York. He is admitted to practice in the State of New York and its various Federal District Courts, in addition to the United States Court of Appeals for the Second and Third Circuits and the United States Bankruptcy Courts for the Western and Northern Districts of New York. He also has been admitted pro hac vice in various state and federal court actions in New Jersey, Massachusetts, Connecticut, New Hampshire, Rhode Island, Vermont, Maine, Pennsylvania, Delaware, Minnesota, Illinois, Alabama, Florida, Texas, Nevada, Utah, Arizona, Oregon, Washington, and California.

Education

Cornell University Law School

J.D., cum laude, 1992

Saint Bonaventure University

B.A., summa cum laude, 1989

Admissions

New York 1993

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Third Circuit

United States Bankruptcy Court for the Western District of New York

United States Bankruptcy Court for the Northern District of New York

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States District Court for the Northern District of New York

United States District Court for the Western District of New York

Bar Associations

Association of the Bar of the City of New York

New York State Bar Association

Published Decisions

Emerson Enterprises, LLC v. Hartford Accident and Indemnity Co., 531 Fed. Appx. 152, 2013 WL 4753564 (2d Cir. 2013)

Henkel Corp. v. Hartford Acc. & Indem. Co., 271 Fed. Appx. 161, 2008 WL 803931 (3rd Cir., 2008)

Henkel Corp. v. Hartford Acc. & Indem. Co., 399 F. Supp. 2d 607 (E.D. Pa, 2005))

State ex. rel. Hatch v. Employers Ins. of Wausau, 644 N.W. 2d 820 (2002)

Former Associations

Simpson Thacher & Bartlett LLP

(1997-2003)

Stenger & Finnerty

(1993-1997)

Jaeckle, Fleischmann & Mugel LLP

(1992-1993)