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Rafael Vergara Partner

 
New York, NY | Direct 212.631.4416Fax 212.631.4436
Newark, NJ | Direct 201.368.7216 | Fax 201.368.7256
vergarar@whiteandwilliams.com
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Rafael Vergara's litigation practice provides him the opportunity to work on various negligence and contract actions. He focuses on representing assisted living communities, nursing homes, and disability insurers in litigation. He provides advocacy in lawsuits involving first-party insurance claims, ERISA, insurance rescission, life insurance disputes, products liability, and premises liability. From the commencement of an action through an appeal, Rafael’s knowledge of court procedure benefits clients.

While in law school, Rafael served as a Managing Editor of the Rutgers Law Review and as a Legal Research and Writing Teaching Associate. After law school, and prior to embarking on a career in private practice, he was a judicial law clerk in the Superior Court of New Jersey, Law Division, Special Civil Part. Since then, he has been in private practice honing his litigation skills and delivering quality work to clients.

Representative Matters

  • Successfully argued to the New York Supreme Court, Appellate Division – First Department that a reinsurer’s statute of limitations defense should be decided by arbitration panel rather than the court
  • QBE Ins. Corp. v. Adjo Contracting Corp., 997 N.Y.S.2d 425 (2014); argued appeal pertaining to a commercial general liability insurer’s duty to defend under New York law

  • Andreyko v. Sunrise Senior Living, Inc., 993 F.Supp.2d 475 (D.N.J. 2014); first published case in New Jersey recognizing that unlike nursing home residents who may bring lawsuits seeking compensatory and punitive damages, plus attorney’s fees, for rights violations under New Jersey’s Nursing Home Responsibilities & Rights of Residents Act, specifically N.J.S.A. § 30:13-8, assisted living residents were held not to have the same statutory remedy available to them
  • Quiles v. Bradford-White Corporation, Slip Copy, 2012 WL 1355262 (N.D.N.Y.); represented water heater manufacturer in products liability case in which design defect claim was dismissed
  • Whippoorwill Hills Homeowners Ass’n, Inc. v. Toll at Whippoorwill, L.P., 91 A.D.3d 864, 937 N.Y.S.2d 595 (2d Dept. 2012)
  • Arias v. PM Partners, 90 A.D.3d 490, 934 N.Y.S.2d 160 (1st Dept. 2011); represented bank in personal injury action involving fall on sidewalk
  • Utak v. Commerce Bank Inc., 930 N.Y.S.2d 575 (1st Dept. 2011); successfully argued appeal resulting in the dismissal of a banking client named as a defendant in a false arrest and false imprisonment case
  • Flangos v. Flangos, 82 A.D.3d 1037, 919 N.Y.S.2d 181 (2d Dept. 2011); successfully argued appeal on behalf of an insurer, which resulted in the vacating of a judgment insofar as it directed the insurer to make certain payments
  • Keir v. Unumprovident Corp., 2010 WL 3566878 (S.D.N.Y Sept. 14, 2010)
  • Carl v. Cohen, 55 A.D.3d 478, 868 N.Y.S.2d 7 (1st Dept. 2008)
  • Them-Tuck Chung v. Pinto, 26 A.D.3d 428, 809 N.Y.S.2d 572 (2d Dept. 2006)
  • Conti v. Equitable Life Assur. Soc. of U.S., 227 F.Supp.2d 282 (D.N.J.  2002)

Events

Bar and Court Admissions

New Jersey

New York

U.S. Court of Appeals 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 University School of Law, JD, 1999

Kean College of New Jersey, BA, 1996

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