Downey, Sarah D. Katz

Sarah Downey is an associate in the Directors and Officers practice group. She represents and counsels primary and excess insurers in coverage matters involving directors and officers liability, errors and omissions, miscellaneous professional liability, lawyers professional liability, fiduciary liability,  environmental and commercial general liability policies. 

Sarah has counseled insurers on the interpretation of their policies in connection with various coverage issues including, but not limited to, late notice, prior knowledge, the insured v. insured exclusion, the interrelated wrongful acts provision, the contract exclusion and the conduct exclusions.

Sarah also represents insurers in coverage and bad faith litigation in state and federal courts.  Sarah is currently representing insurers in New York, New Jersey and Connecticut in coverage and bad faith litigation.  Sarah’s coverage litigation experience compliments her coverage and monitoring work, and has afforded her the opportunity to truly understand the importance of all details associated with the handling of a coverage/monitoring matter.  In addition to coverage litigation, Sarah has defended claims involving lawyers malpractice and employment discrimination, and represents and counsels clients in matters involving various aspects of commercial litigation.

Sarah received her B.A. from Washington University in 1998 and her J.D. from the Fordham University School of Law in 2004.  Licensed to practice in New York and New Jersey, Sarah is admitted to appear before the United States District Court for the Eastern and Southern Districts of New York and the United States District Court of the District of New Jersey.  She is also a member of the Professional Liability Underwriting Society.

Notable Experience

• Obtained summary judgment on behalf of an insurer in a coverage litigation involving late notice issues in the U.S. District Court of New Jersey
• Obtained summary judgment on behalf of an insurer in a coverage litigation involving late notice and definition of “claim” issues in the U.S. District Court of New Jersey
• Obtained summary judgment on behalf of a wholesale broker in a litigation involving contribution and indemnification issues in New York State Supreme Court
• Representing an insurer in coverage litigations in Connecticut and New Jersey courts involving prior notice issues
• Represented a managing general agent in an arbitration involving breach of contract related issues
• Represented an insurer in New York state court in a litigation involving issues related to the payment of a self insured retention
• Obtained summary judgment on behalf of a corporation in an employment litigation case involving disability and race discrimination claims as well as union-related issues
• Representing various insurers as coverage and monitoring counsel in connection with D&O and E&O coverage for financial institutions including public companies, private companies and private equity firms.