Dennis T. Smith, The Stein Public Interest Center Photo

Dennis T. Smith

Chair, Insurance & Indemnification

Overview

Dennis Smith, a founding member of the Firm, chairs the Firm's Insurance Coverage & Indemnification practice. Pashman Stein Walder Hayden has obtained coverage for its clients in construction, environmental, toxic tort, class action, and D&O liability cases, as well as in a number of other areas, including the related area of entitlement to indemnification for officers, directors, and employees pursuant to Corporate By-laws, Articles of Incorporation and Business Corporation Acts.

Dennis also has extensive experience in litigation, including construction, commercial, estate, personal injury, insurance defense, and workers' compensation defense. He has tried cases in both state and federal courts.

Dennis represents owners, general contractors, prime subcontractors, and suppliers in construction defect matters in connection with commercial projects and residential condominium projects.

Experience

Reported Decisions

  • LCG Investments v. Merchants Mutual Ins. Co., 2006 N.J. Super. Unpub. LEXIS 2976 (App. Div. June 2, 2006) (first New Jersey decision to address scope of debris removal provision in comprehensive Business Owner’s Policy.)
  • Myron Corporation v. Atlantic Mutual/Insurance Company, 2007 WL432624 (N.J. Super. Law Div. Jan. 22, 2007) (first New Jersey decision to address duty to defend Telephone Consumer Protection Act class action claims.)
  • Bridge Metal Industries v. Travelers Indemnity Company, 812 F. Supp. 2d 527 (S.D.N.Y. 2011) (involving coverage for Lanham Act and Unfair Competition claims in both federal and state courts.)
  • Mortgage, Inc. v. Ward & Olivio, LLP, 439 N.J. Super 202 (App. Div. 2014) (addressed issue of first impression as to whether limited liability partnership that fails to maintain malpractice insurance as required by court rule is converted into a general partnership in which all partners are jointly and severally liable for the malpractice of one partner.)
  • Parker v. Poole, 440 N.J. Super. 7 (App. Div. 2015) (addressing evidentiary issue of first impression concerning admissibility of speculative testimony by party-opponent.)
  • Kiken v. Kiken, 149 N.J. 441 (1997)(involving issue of whether decedent’s estate was obligated to pay for son’s ivy league education as provided in Judgment of Divorce.)
  • IMO Theodore M. Payne, 186 N.J. 324 (2006)(involving doctrine of probable intent as applied to interpretation of decedent’s will.)
  • Vergopia v. Shaker, 383 N.J. Super. 256 (App. Div. 2006) aff’d., 191 N.J. 217 (2007) (involving issue of whether attorney was entitled to indemnification from corporation client for costs of his defense against a wrongful discharge lawsuit.)
  • Myron Corporation v. Atlantic Mutual Insurance Company, 407 N.J. Super. 302 (App. Div.) aff’d., 203 N.J. 537 (2010 )(involving issue of whether Myron as the prevailing party in a New Jersey coverage litigation was entitled to extraterritorial counsel fees incurred in Illinois pursuant to New Jersey R. 4:42-9(a)(6).)
  • Sipko v. Koger, Inc., 214 N.J. 364 (2013) (holding that minority shareholder who is victim of illegal/fraudulent actions can seek statutory remedies in absence of finding of oppression.)
  • Occhifinto v. Olivo, 221 N.J. 443 (2015) (involving issue of whether third-party beneficiary under liability policy was entitled to recover its attorney fees as a successful claimant under N.J. Ct. R. 4:42 – 9(a)(6)

News & Insights

Associations

Community & Professional

  • Member, New Jersey Bar Association
  • Member, Bergen County Bar Association
  • Past Chair, District II-A Fee Arbitration Committee

Clerkships

  • Hon. Arthur C. Dwyer, J.S.C. General Equity Division, Passaic County 1988-1989
  • Hon. John J. Gibbons Chief Judge, Third Circuit Court of Appeals 1987

Bar Admissions

  • New Jersey

Court Admissions

  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Southern District of New York

Education

B.A., Fairfield University, 1985

J.D., Seton Hall University School of Law, 1988

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