Events

Robert T. Pindulic Partner

 
Newark, NJ | Direct 201.368.7204 | Fax 201.368.7244
New York, NY | Direct 212.631.4404 | Fax 212.631.4424
 | pindulicr@whiteandwilliams.com
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For over 20 years, Bob Pindulic has concentrated his practice in the areas of life, health and disability insurance, insurance coverage, bad faith disputes and insurance fraud.   Practicing from the firm’s New Jersey and New York offices, Bob represents insurance companies and corporate clients throughout the northeast region.

A significant portion of Bob’s practice revolves around the representation of Life, Health and Disability insurers throughout New Jersey and New York.  He routinely represents insurers in matters involving denial of benefits, scope of coverage and claims for bad faith and extra-contractual damages. Bob has substantial experience in aggressively representing insurers on fraud claims, including seeking restitution and pursuing claims for rescission.

Bob’s practice also involves providing claim evaluation and coverage opinion services to insurance carriers, along with defending and instituting declaratory judgment actions on a wide range of coverage issues and policies.  Bob has numerous published decisions in the area of bad faith and extra-contractual damages in New Jersey and New York. These decisions have been instrumental in setting and maintaining a favorable standard for insurers with respect to bad faith litigation in both states. Bob's cases have frequently been commented on in various publications including Mealey's Disability Insurance Report and the Life, Health and Disability News published by the Defense Research Institute.

In addition to his experience in first-party insurance litigation, Bob also has extensive experience in the defense of third-party claims including rail yard accidents, claims of defective products, premises liability, FELA and construction defect. 

Representative Matters

  • Obtained summary judgment on behalf of insurer in coverage dispute involving an assault despite claims that insured’s conduct was negligent and that extent of injuries sustained by plaintiff were not reasonably foreseeable; Court inferred intent to injure as a matter of law, disregarded the negligence allegation based on facts developed during discovery and determined that injuries sustained were inherently probable.  State Farm Fire and Casualty Company v. Carbo, 2013 WL 2435438 (N.J. Super. A.D.)

  • Obtained summary judgment on behalf of insurer as court concluded that innocent spouse of alleged child abuser not entitled to defense or indemnity under a homeowner’s policy.  State Farm Fire and Casualty Company v. Gregory, 2012 WL 2051960 (N.J. Super. A.D.)
  • Obtained dismissal of plaintiff’s complaint seeking to rescind settlement agreement alleging mental incompetency.  Ciarrocchi v. Unum Group, 450 Fed. Appx. 114 (3d Circuit 2011)
  • Obtained summary judgment on behalf of insurer in coverage dispute involving an assault as court inferred an intent to injure under New Jersey law; Lopez v. State Farm Fire and Casualty Company, 2008 WL 2951971 (N.J. Super. A.D.)
  • Obtained dismissal of plaintiff’s complaint due to lack of personal jurisdiction as incident at issue took place outside of New Jersey and defendant resided out of state.  Billings v. Dean, 2007 WL 275721 (D.J.N. 2007)
  • Represented disability carrier against counterclaim alleging that insurer engaged in a premeditated, fraudulent scheme to deny payment of disability benefits; court dismissed counterclaim, which alleged violations of the New Jersey Consumer Fraud Act, common law fraud and breach of the disability policy; The Paul Revere Life. Ins. Co. v. Fink, 2007 WL 3430511 (D.N.J. 2007)
  • Obtained dismissal of plaintiff’s claims for bad faith conduct, deceptive practices under GBL § 349 and punitive damages;  Sichel v. Unum Provident Corp., 230 F.Supp. 2d 325 (S.D.N.Y. 2002)
  • Successfully opposed insured’s attempt to amend complaint to include bad faith claim; court agreed claim would be futile as such a cause of action in a first-party coverage action was not recognized by New York Federal Courts; Brown v. The Paul Revere Life Ins. Co., 2001 WL 1230528 (S.D.N.Y. 2001)
  • Obtained summary judgment on behalf of insurer due to late notice without a justifiable excuse; Steinberg v. The Paul Revere Life Ins. Co., 210 F.3d 355 (2d Circuit 2000)
  • Represented insurer in obtaining a dismissal of bad faith claims where court held that such claims were not appropriate in a disability action where the dispute was fairly debatable; Tarsio v. Provident Ins. Companies, 108 F.Supp. 2d 397 (D.N.J. 2000)
  • Obtained substantial recoveries on behalf of excess carriers against primary carriers based on late notice and appreciable prejudice
  • Litigated hundreds of actions on behalf of insurers with respect to the denial of benefits under individual and group insurance policies
  • Represented carriers in prosecuting fraud claims on various types of policies, including the pursuit of claims under the New Jersey Insurance Fraud Prevention Act
  • Instituted declaratory judgments actions concerning the scope of coverage available under disability policies, including claims involving “accident verses sickness” and “appropriate care”
  • Defended against plaintiff’s claim that liability limit in Employer’s Liability Policy, under New Jersey law, is unlimited
  • Litigated hundreds of actions on behalf of insurers by way of declaratory judgment concerning a wide range of coverage issues
  • Litigated complex actions involving significant bodily injury or death arising out of rail yard accidents 

Events

Bar and Court Admissions

New Jersey

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of New York

U.S District Court for the Southern District of New York

Education

Rutgers School of Law-Camden, JD, 1989

University of Scranton, BS, 1986 

Memberships

Defense Research Institute; Life, Health and Disability Committee; Insurance Law Committee

Federal Bar Council