Andrew I. Hamelsky Partner

For more than 15 years, Andy Hamelsky has helped clients achieve results by getting to the heart of each case using an aggressive, hands-on and responsive approach.  Practicing from the firm’s New York and New Jersey offices, Andy has been applying his result-oriented style in his representation of insurance companies and corporate clients in both jurisdictions.

He concentrates his practice on representing life, health and disability insurers statewide and regionally, in a wide range of matters. He routinely represents his clients in a variety of ERISA and non-ERISA matters, including institutional pattern and practice bad faith cases. In addition to his first-party insurance practice, Andy handles negligence actions, commercial litigation actions, FINRA arbitrations and a wide array of other commercial litigation matters.   

Andy is a member of the Defense Research Institute and is vice-chair of the Life, Health and Disability Committee and Webinar Committee. He is a past chair of the group's Expert Committee. He is often invited to speak at industry-related events and has written articles for various publications, including Mealey's Report and DRI.  

Representative Matters

Life, Health, Disability and ERISA matters

• Established the principle in New York law that in order to be totally disabled pursuant to an individual disability policy, insured must be unable to perform all of the important duties of “Your Occupation”. (Simon v. Unum group, 2009 WL 857635 (SDNY 2009); Hershman v. UnumProvidenet Corp. 660 F. Supp. 2d 527 (SDNY 2009)
• Successfully represented insurance company in defending a disability action wherein insured did not have an “occupation” under the policy. (Scherer v. The Equitable Life Assurance Society of the United States, 2006 WL 1520212 (SDNY 2006) )
• Achieved summary judgment on behalf of an insurer in determining the applicable statute of limitations pursuant to a disability contract.  (Hodge v. Unum Group, 2010 WL 1286257(EDNY 2010)
• Represented insurance carriers on rescission actions, including rescissions for fraudulent misrepresentations
• While representing insurance carriers, worked with the New York Insurance Department and Attorney General’s office concerning fraudulent insurance claims

Recognition & Involvement

Andy is also involved in pro bono work, having participated in the Trial Lawyers Care program, representing victims of the September 11th disaster.   Additionally, he serves as an attorney for the Marlboro Township Board of Ethics.  He is also an advocate for a child with Down Syndrome pursuant to the  Individuals with Disabilities Education Act (IDEA), a law ensuring services to children with disabilities throughout the nation.

Andy has been AV® Preeminent™ rated by the Martindale-Hubbell peer review rating system.  He was named a 2010 "Super Lawyer" in the New York Metro Region by Law & Politics magazine.