Jonathan A. Cipriani is an associate who serves as coverage and litigation counsel to foreign and domestic insurers in matters involving professional liability coverage, including D&O and E&O coverage disputes arising from derivative actions, securities fraud class actions, and mortgage fraud related claims. Jon represents insurers and reinsurers in disputes in state and federal courts across the country and in domestic and international arbitrations.
Jon also has experience in marine insurance and maritime issues. He has published articles on the enforcement of foreign arbitration clauses in Protection & Indemnity Club Rules, the scope of available damages under the Death on the High Seas Act, and the contractual right to an examination under oath in marine property damage investigations. Jon is a member of the Young Shipping Professionals of New York and the Chicago Ocean Marine Association.
From 2009 to 2010, Jon served as a law clerk to Judge K. Michael Moore of the U.S. District Court for the Southern District of Florida. Jon previously worked at a Miami law firm, where his practice focused on litigating directors and officers coverage disputes. Jon began his career at a New York law firm where his practice focused on securities and general commercial litigation.
Stefan Woodson v. Darwin Select Insurance Co., Case No. 14-580 (E.D. Va.) Defended U.S. insurer in third-party claimant’s declaratory judgment action seeking coverage under blended professional liability policy and umbrella liability policy
Great American Insurance Co. v. Sea Shepherd Conservation Society, Case No. 13-1017 (W.D. Wash.) Represented U.S. insurer in declaratory judgment action seeking a finding of no coverage under primary non-profit D&O policies.
AXIS Insurance Co. v. Career Education Corp., Case No. 13 CH 27421 (Ill. Cir. Ct.) Represented U.S. insurer in declaratory judgment action seeking declaration of no coverage under D&O policy, and defended counterclaims for breach of contract, declaratory judgment, and statutory bad faith.
ElleHomme Holistic Med Spa, LLC v. Underwriters at Lloyd's, London, Case No. 13 CH 27735 (Ill. Cir. Ct.) Defended London insurer in declaratory judgment action seeking coverage under E&O policy.
XL Specialty Insurance Company v. Michael W. Perry, Case No. 12-56275 (9th Cir.) Represented U.S. insurer on appeal from declaratory judgment finding no coverage under Side A D&O policy.
Arch Insurance Company v. Michael W. Perry, Case No. 12-6290 (C.D. Cal) Represented U.S. insurer in interpleader action and defended same insurer against declaratory judgment, breach of contract, and bad faith counterclaims arising out of Side A D&O policy.
Carlyle Investment Management, LLC v. ACE American Insurance Company, Case No. 13-CA-3190 (D.C. Super. Ct.) Defended two U.S. insurers in declaratory judgment and breach of contract action seeking coverage under excess liability policies.
Troy Lillie v. Stanford Trust Company, Case No. 13-3127 (N.D. Tex.) Represented Bermuda insurer in "direct action" lawsuit seeking payment under excess errors and omissions policy.
Great American Insurance Co. v. Sea Shepherd Conservation Society, 2014 WL 2170297 (W.D. Wash. May 23, 2014) (won summary judgment concluding that where claim was first made during the first of two consecutive claims-made-and-reported polices, but not reported until the second policy period, no coverage was available under either policy)
Carlyle Investment Management, LLC v. ACE American Insurance Co., 2014 WL 2106304 (D.C. Super. Ct. May 15, 2014) (dismissing breach of contract and declaratory judgment claims due to exclusion for claims arising out of professional services provided to insured's affiliate)
Interstate Fire & Casualty Company v. Federal Insurance Company, 855 F. Supp. 2d 1376 (S.D. Fla. 2012) (obtained dismissal of professional liability insurer from declaratory judgment action due to lack of case or controversy)
Lee Farkas v. National Union Fire Insurance Company of Pittsburgh, Pa., 861 F. Supp. 2d 716 (E.D. Va. 2012) (obtained summary judgment in favor of D&O insurer based on exclusions for claims arising out of crime and gaining of unlawful advantage); aff'd, 518 F. App'x 178 (4th Cir. 2013)
Central Magnetic Imaging Open MRI of Plantation, Ltd. v. State Farm Mutual Automobile Insurance Company, 789 F. Supp. 2d 1311 (S.D. Fla. 2011) (obtained dismissal of putative class action lawsuit asserting claims for injunction, declaratory relief, and unjust enrichment against personal injury protection insurer)
The 2015 Amendments to the Federal Rules of Civil Procedure; CLE Presentation, Chicago, Illinois (December 2015)
Enforcing Foreign Arbitration Clauses and Responding to Jurisdictional Challenges in U.S. Courts; CLE Presentation, Chicago, Illinois (February 2015)
Practical Professionalism: Ethics, Standards, and Civility In Claims Handling and Insurance; Claims Litigation & Management Alliance Presentation, Charlotte, North Carolina (October 2014)
“Court Finds Issues of Fact With Regard to Claim of Late Notice Under Bumbershoot Policy,” The Maritime Advocate (July 10, 2017)
"Guam Federal Court Shows Deference to International Arbitration Agreement in P&I Club Rules," Tulane Maritime Law Journal (June 10, 2017)
"The Duty of Procuring a Superyacht's Insurance Policy," SuperyachtNews (May 30, 2017)
“Cruise Lines Could Face Wrongful Death Damages Under New Legislation”, Marine Insight (May 9, 2017)
"Examinations Under Oath Need Not Comply with Federal Rules of Civil Procedure," MLA Committee on Marine Insurance and General Average Newsletter (Spring 2017)
"U.S. Federal Courts' Broad Jurisdiction Under the New York Convention," Kluwer Arbitration Blog (April 5, 2017)