Mike Leavy graduated from University of Texas at Austin School of Law in 1993, after obtaining his B.A., with Honors in International Politics, from the University of Pennsylvania in 1989. He is a litigator with trial and appellate experience in subrogation, insurance coverage, first party fraud and arson, and liability defense.
Mike is the senior associate on a multi-firm team representing Consolidated Edison Company of New York, Inc. concerning over $1 billion of damages suffered in the collapse of 7 World Trade Center and the events of September 11, 2001 in litigation pending in the Southern District of New York. He handles numerous aspects of the case including forensic engineering experts, complex origin and causation, accounting and damage forecasting, electronic discovery, and a host of federal practice issues.
His most recent reported appellate decisions include
Rector Street Food Enterprises, Ltd. v. Fire & Casualty Insurance Company of Connecticut, 827 N.Y.S.2d 18 (1st Dep’t 2006), a case he both successfully tried and briefed and argued on appeal, the first New York decision upholding the restrictive definition of collapse coverage contained in the latest revision of the Causes of Loss – Special Form (ISO form CP 10 30 10 00). He also prevailed in
Pipo Bar and Restaurant, Inc v. Certain Underwriters at Lloyd’s at London , 792 N.Y.S.2d 82 (2nd Dep’t 2005), a first party case in which an insured’s misrepresentation concerning an item of damages constituting less than 5% of the value of the claim was deemed material and a basis for dismissal. In
Amodeo Hotels Limited Partnership v. Zwicker Electric Co., 739 N.Y.S.2d 10 (1st Dep’t 2002), he obtained affirmance of the dismissal of claims against an electrical contractor involved in the construction of the landmark New York Palace Hotel concerning a $21 million fire. This was the first New York decision extending the traditional time limitation of six years after project completion for claims against contractors by parties in direct privity to those claims asserted by successors in interest and those with the functional equivalent of privity with contractors.
Mike joined Gennet, Kallmann, Antin and Robinson in 2002, working primarily on product liability and construction related subrogation matters, and complex coverage defense. He is admitted to practice before the courts of the State of New York, the Southern and Eastern U.S. District Courts for New York, the Second Circuit Court of Appeals, and he is a member of the American Bar Association and the New York State Bar Association.
mleavy@gkar-law.com