Mr. Horbatiuk’s practice focuses on defending claims for benefits under ERISA group insurance plans, property and casualty defense work and regulatory defense work . He is counsel in New York State for various Cigna companies such as Life Insurance Company of North America, Connecticut General Life Insurance Company, and Cigna Life Insurance Company of New York as well as various self-funded Employer Benefit Plans. He acts as Qualified Officer for Cigna Life Insurance Company of New York. In addition, he is on the approved panel of outside counsel for JP Morgan ChaseBank, NA, Target Corporation, Lancer Indemnity Insurance Company and various Managing General Agents for National Trucking Companies and Insurers.  He has been retained to represent numerous national self-insured accounts in personal injury, property damage lawsuits and trucking accident cases as well as to provide pre-litigation services concurrent with the happening of a catastrophic event.  Mr. Horbatiuk also gives back to his Alma Mater, Fordham by lending his wide range of legal knowledge to Fordham’s Mock Trial team.

 

Education:

  • 1981 J.D. Fordham Law School

  • 1978 B.A. in History, Summa Cum Laude from Fordham University

 

Experience

  • Was a Senior Trial Counsel for Cigna’s in-house litigation office for 13 years

  • Has litigated numerous high exposure construction, transportation and products liability cases in Kings and Bronx Counties.

 

Admissions:

  • Supreme Court of the United States

  • United States Court of Appeals for the Second Circuit

  • United States District Courts for the Southern, Eastern, Northern and Western Districts of New York

  • New York State Bar

 

Memberships:

  • Defense Research Institute’s Life, Health and Disability Litigation Committee.

  • Catholic Lawyers Guild.

 

Speaking Engagements:

  • National Business Institute : Advanced Civil Litigation Skills in New York;  Long Island , New York;  November 2015 ( "Using Evidence to Support Your Proposed Damages Claim,” “Addressing Weaknesses in Your Case in Closing Arguments.” )

  • American Conference Institute: 16th National Advanced Forum on Ligating Disability Insurance Claims, New York, NY, January 23, 2013; The Discovery Battle Continues: The Current Scope and Limitations of Discovery in Disability Claims Actions, and Tactics and Strategies for Securing Meaningful and Useful Discovery for Your Case.

  • American Conference Institute: 11th National Advanced Forum on Ligating Disability Insurance Claims, Boston, MA, June 12, 2008; Subjective Disorders: Practical Tips for Utilizing the Medical Facts in Litigation For the Defense, Mock Disability Trial: The Defense Perspective.

  • Eastern Claims Conference, New York, NY, February 26, 2008, Mock Mediation—Behind Closed Doors.

  • National Business Institute: Powerful Evidence in New York Civil Litigation, Long Island, NY, January 2004.

  • New York State Bar Association: Basics of Premises Liability 2001, December 7, 2001, “Put Up Your Dukes”: Tavern owner liability, bar fights, aggressive bouncers, transferred intent, dram shop update.

  • New York State Bar Association: New York City Faculty for the “Discovery 2000—For Experienced Litigators Seminar, May 12, 2000, Trial Considerations.

 

Publications:

  • Co-authored: “A Bi-Coastal View: Common Law and Statutory Bad Faith Claims”, For the Defense, Defense Research Institute, February 2003.

 

Reported Decisions:

  • Delanoy v. JP Morgan Chase & Co., 83 A.D.3d 885; 920 N.Y.S.2d 728; 2011 N.Y. App. Div. LEXIS 3137; 2011 NY Slip Op 3202 April 19, 2011.

  • Losito v. JP Morgan Chase & Co., 72 A.D.3d 1033; 899 N.Y.S.2d 375; 2010 N.Y. App. Div. LEXIS 3362; 2010 NY Slip Op 3417, April 27, 2010.

  • Halliday v. Gottlieb Contractors, 205 A.D.2d 585; 613 N.Y.S.2d 248; 1994 N.Y. App. Div. LEXIS 6181.

  • Yevgeniya Shmidt v. JP Morgan Chase & Co., 43 Misc. 3d 1226, N.Y. Misc.

  • Maida v. Life Insurance Company of North America, 949 F Supp 1087 (SDNY 1997).

  • Meyer v. Insurance Company of North America, 1998 US Dist., Lexis 15863, (SDNY 1998).

  • Connors v. Connecticut General Life Insurance Co., 272 F3d 127 (2d Cir. 2001).

  • Community General Hospital v. Zebrowski, 2004 U.S. Dist., Lexis 15086 (NDNY 2004).

  • Lawless v. Hartford Financial Services, 2010 U.S. Dist., Lexis 131650 (EDNY 2010).

  • Testa v. Hartford Life Insurance Co., 2011 U.S. Dist., Lexis 20741 (EDNY 2011).

  • Caidor v. Chase Manhattan Bank, 2001 U.S. Dist., Lexis 3495 (SDNY 2001).

  • Krizek v. Cigna Group Insurance, 345 F3rd 91, (2d Cir 2003).

  • Krizek v. Cigna Group Insurance, 2005 U.S. App, Lexis 28976 (2d Cir 2005).

  • King v. Cigna Corp., 2008 U.S. Dist, Lexis 22992 (WDNY 2008).

  • Town Total Nutrition, Inc. v. Cigna, 2001 U.S. Dist., Lexis 958 (SDNY 2001).

Kevin G. Horbatiuk

Partner

 

212-482-0001x134

khorbatiuk@russotoner.com

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