Peter J. Biging

Peter J. Biging

Attorney Profile

Top Rated Professional Liability Attorney in New York, NY

Goldberg Segalla LLP
 | 711 Third Avenue, Suite 1900
New York, NY 10017
Phone: 646-292-8711
Fax: 646-292-8701
Selected to Super Lawyers: 2009 - 2010, 2012 - 2019
Licensed Since: 1987
Practice Areas:
  • Professional Liability: Defense (40%),
  • Employment Litigation: Defense (30%),
  • Business Litigation (20%),
  • Insurance Coverage (10%)
Attorney Profile

Peter J. Biging is an accomplished trial and appellate attorney with more than 30 years of experience as a litigator in the state and federal courts of New York. As vice chair of the firm's nationwide Management and Professional Liability Practice Group, Peter counsels and defends directors and officers against claims alleging fraud, negligence, and breach of fiduciary duties, and a variety of professionals against claims based on alleged errors and omissions (E&O) in the performance of their professional services. He also regularly litigates labor and employment practices liability claims, commercial disputes, and municipal liability claims premised on alleged civil and constitutional violations.

Peter's D&O work involves the defense of both for-profit and not-for-profit companies and their executives, and E&O work includes defending insurance agents and brokers, securities brokers, lawyers, and a wide range of other miscellaneous professionals. Peter is regularly called upon to handle complex, high-stakes commercial litigation and claims involving allegations of gross negligence, fraud and malfeasance, harassment and discrimination, as well as litigation of non-solicitation/non-compete disputes. Throughout the course of his work in these areas, Peter has been repeatedly honored as a New York Metro area Super Lawyer.

A recognized thought leader in the area of D&O and E&O risks and litigation, Peter is the current chair of the American Bar Association Tort Trial and Insurance Practice Section (TIPS) and Professional Liability Insurance Committee, and is the immediate past chair of the Professional Liability Defense Federation's Insurance Agent/Broker Claims Committee. As of October 2018, he has been tapped to serve as a member of the Professional Liability Defense Federation's Board of Directors.

Representative Matters
  • Directors and Officers (D&O) and Errors and Omissions (E&O) Liability
  • Dismissal following trial of claims against an insurance broker for allegedly failing to procure insurance for a residential building despite receiving specific instructions to do so and an application, leaving owner uninsured for severe personal injury claims
  • Dismissal of fraud, Racketeer Influenced and Corrupt Organizations Act (RICO) claims, and other claims asserted in a suit alleging a scheme to defraud involving complicated fraudulent financing of real estate ventures, resulting in actual damages alleged to exceed $40 million
  • Dismissal of claims against insurance broker for alleged failure to advise in connection with purchase of coverage for art gallery after it sustained substantial losses as a result of agreeing to indemnify purchaser of famous artist's work if it's provenance was successfully challenged (affirmed on appeal to Appellate Division, First Department)
  •  
  • Insurance and Reinsurance Coverage
  • Summary judgment award voiding over $200 million in reinsurance due to the fraudulent concealment of a cedent’s insolvency (affirmed by the Appellate Division, First Department and the New York Court of Appeals)
  • Decision (noted on the cover of the New York Law Journal) finding that it was the duty of an insurer to defend breach of fiduciary duty claims made against a law firm on the part of a legal malpractice insurer, despite the fact that only fraudulent conduct was specifically alleged
  •  
  • Legal Malpractice
  • Dismissal (and affirmance by the NY Appellate Division, First Department) of legal malpractice claims against a law firm for allegedly making a disastrous “tactical” decision contrary to the client’s wishes
  • Dismissal of legal malpractice action against New Jersey based lawyer brought in New York state court on grounds of lack of personal jurisdiction, notwithstanding evidence of work periodically performed in New York, including litigating in New York state and federal courts; once severed from larger case alleging conspiracy to defraud, never further pursued
  • Minimal dollar value settlement of $15 million claim alleging malpractice in the handling of maritime arbitration, after deposition of plaintiff's renowned ethics expert establishes he was himself practicing law in New York without a license
  • No contribution settlement of alleged Judiciary Law Section 487 claim in alleged multi-million fraud involving alleged misuse of the courts to pursue and conceal same, following filing of motion to dismiss 
  • Successful argument of appeal to Second Circuit of case involving dismissal of claims against lawyer for alleged participation in international fraud scheme for failure to name the proper corporate party with standing, even after proper party was identified and plaintiff's counsel sought permission to amend, for failure to do so in keeping with Court's instructions regarding final amendments to Complaint, despite District Court acknowledging that the dismissal was quite likely to result in a fraud going unpunished
  •  
  • Municipalities and Public Entities
  • Dismissal of the First Amendment claims of a high school art teacher disciplined for a classroom speech soliciting student participation in a planned art school involving nude models (affirmed by the Second Circuit)
  • Dismissal of a First Amendment claim arising from disciplining of an elementary school student for writing a story about murder and sex involving other students (affirmed by the Second Circuit)
  • Dismissal of claims against a social services agency for violation of due process in connection with the removal of children from foster parents (affirmed by the Second Circuit)
  • Dismissal of a Section 1983 claim for regulatory taking and defamation in connection with a town's issuance of notices of hearings for engaging in regulated activity on wetlands without a permit
  • Dismissal of wrongful death claims (affirmed by the NY Appellate Division, Second Department) against a municipality for allegedly failing to protect two young women who had been walking on railroad tracks from an oncoming train because a police officer who had allegedly directed them into harm’s way had not assumed a “special duty” to protect them
  •  
  • Commercial/Miscellaneous
  • Dismissal of libel claims, both affirmed in precedent-setting decisions by the NY Appellate Division, First Department, based on a psychiatric evaluation report to an insurer as protected opinion, and based on a court-ordered report on the mental status of a criminal defendant by a social worker as protected by quasijudicial proceeding immunity
  • Decision upholding the standing of a parent corporation to assert RICO claims for injuries to diminution in value of stock caused by racketeering activity directed at a subsidiary

About Peter Biging

Admitted: 1987, New York

Professional Webpage: http://www.goldbergsegalla.com/attorneys/peter-j-biging

Honors/Awards:

  • New York Metro Super Lawyers, 2009–10, 2012–18
  • Martindale-Hubbell Peer Review Rating: AV Preeminent

Special Licenses/Certifications:

  • Admitted to practice in the New York State Courts, the federal district courts for the Southern and Eastern Districts of New York, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court

Bar/Professional Activity:

  • American Bar Association (ABA) Tort, Trial and Insurance Practice Section, Professional Liability Insurance Committee (PLIC): Chair 
  • Professional Liability Underwriting Society
  • Claims and Litigation Management Alliance (CLM)
  • Professional Liability Defense Federation (PLDF): Insurance Agents/Brokers Claims Committee: Immediate Past Co-Chair, Corporate GovernanceCorporate Governance Committee: Former Chair; Board of Directors: Member
  • Insurance Federation of New York (IFNY)
  • Defense Research Institute 
  • American Bar Association (ABA): Tort Trial and Insurance Practice Section: Chair, Professional Liability Insurance Committee (PLIC)Litigation Section: Employment and Labor Relations, Insurance Coverage Litigation, and Professional Liability Litigation Committees
  • New York City Bar Association

Pro bono/Community Service:

  • From 1996-2008 ran community CYO track program in St. Aidan's parish on Long Island, Coach of Long Island Lightning AAU 15U girls basketball team 2010 and 2011

Scholarly Lectures/Writings:

  • "Insurance Agent and Broker E&O 2018: The Year in Review," PLUS Journal, January 2019, "Insurance Agent and Broker E&O 2018: The Year in Review", PLUS Journal, 2019
  • "Disasters and the Insurance Agent/Broker, Insurance Consultant, and Risk Manager," ABA and PLDF Panel, "Disasters: The Emerging D&O, E&O and Corporate Risks," New York, NY, February 5, 2019, Presenter, "Disasters and the Insurance Agent/Broker, Insurance Consultant, and Risk Manager," ABA and PLDF Panel, "Disasters: The Emerging D&O, E&O and Corporate Risks", ABA, 2019
  • "#MeToo and the Emerging D&O Risks," CLM Annual Conference, Orlando, FL, March 13, 2019, Presenter, "#MeToo and the Emerging D&O Risks", CLM Annual Conference, Orlando, FL, 2019
  • "Corporate D&O Liability and Sexual Harassment in the Workplace" (Co-Author), ABA GPSolo eReport, November 20, 2018, Co-Author, "Corporate D&O Liability and Sexual Harassment in the Workplace", ABA GPSolo eReport, 2018
  • "Corporate/D&O Liability and Sexual Harrassment in the Workplace: The New Paradigm and How to Manage the Risks Presented," New York State Bar Association, New York City, NY, May 24, 2018, Presenter, "Corporate/D&O Liability and Sexual Harrassment in the Workplace: The New Paradigm and How to Manage the Risks Presented", New York State Bar Association, 2018
  • "The ESI and Social Media Monster," ASPEN Insurance CLE, June 18, 2018, Presenter, "The ESI and Social Media Monster", ASPEN Insurance CLE, 2018
  • Moderator, "Special Relationships, the Duty to Advise, and the High Stakes Insurance Agent and Broker E&O Claim: Strategies for Defending and Trying These Cases," PLDF Annual Meeting, New Orleans, LA, October 5, 2018, Moderator, "Special Relationships, the Duty to Advise, and the High Stakes Insurance Agent and Broker E&O Claim: Strategies for Defending and Trying These Cases", PLDF Annual Meeting, New Orleans, LA, 2018
  • "Corporate D&O Liability and Sexual Harassment in the Workplace" (Co-Author), ABA The Brief, Volume 48 No. 1, Fall 2018, Co-Author, Corporate D&O Liability and Sexual Harassment in the Workplace", ABA The Brief, Volume 48 No. 1, Fall 2018, 2018
  • "Defrosting Shareholder Actions for CyberInsecurity: D&O Liability for Inadequate Insurance Coverage" (Co-Author), ABA TIPS Professional Liability Insurance Newsletter, Fall 2018, Co-Author, "Defrosting Shareholder Actions for CyberInsecurity: D&O Liability for Inadequate Insurance Coverage", ABA TIPS Professional Liability Insurance Newsletter, Fall 2018, 2018
  • First Quarter 2018 - Vol. XXXI - Number 1 , Author, Insurance Agent & Broker E&O in 2017 - The Year in Review, PLUS Journal, Professional Liability Underwriting Society, 2018
  • First Quarter 2017 - Vol. XXX - Number 1, Author, Insurance Agent & Broker E&O in 2016 - The Year in Review, PLUS Journal, Professional Liability Underwriting Society, 2017
  • Presenter, "Managing and Defending the High Stakes Insurance Agent and Broker E&O Claim," CLM Annual Conference Presentation, Houston, TX, March 14, 2018, Presenter, "Managing and Defending the High Stakes Insurance Agent and Broker E&O Claim", CLM Annual Conference Presentation, Houston, TX, 2018
  • Author, “Insurance Agent and Broker E&O 2017: The Year in Review,” PLUS Journal, January 2018, Author, “Insurance Agent and Broker E&O 2017: The Year in Review",  PLUS Journal, January 2018, 2018
  •  Article, Developments in Insurance Agent/Broker Professional Liability 2014: The Year in Review, Part I, PLUS Journal, Vol. XXVIII, No. 1 (February 2015); Article: Developments in Insurance Agents and Brokers E&O 2012, PLUS Journal, January 2013; Presentation: Professional Liability Coverage in Dispute: The Usual Suspects and Developing Issues, ABA Insurance Coverage Litigation Committee Midyear Meeting, February 14th-16th, 2013; Article,  Recent Developments in Insurance Coverage, Roberta D. Anderson, Gregory R. Giometti, David A. Gauntlet, J. Scott Miller, Peter J. Biging, and Wystan Ackerman, ABA Tort and Insurance Practice Session Journal, Winter 2013; Article, Insurance Agents and Broker E&O: Developments in the Law on the Duty to Advise, PLUS Journal, April 2012; Article, Courts Shield Agents, Brokers from Added Duties to Procure Coverage, National Underwriter P&C, 2011; Article, Special Circumstances May Mean Agents, Brokers Owe Greater Duties, Property Casualty 360, 2011 Article, Developments in Insurance Agents and Brokers Errors and Omissions Liability 2009-2010, published in the 2011 American Bar Association Tort & Insurance Practice Law Journal’s Annual Survey of the Law of Professional Liability Presentation, The Fraud Monster: The Effects of Fraud on Professional Lines Coverage, presented at the Professional Liability Underwriting Society International Conference held on November 10, 2010. Presentation/Article, The Insurance Broker and Coverage Disputes: Emerging Issues, published/presented at the American Bar Association Insurance Coverage Litigation Committee Annual Meeting held on March 4th – 6th, 2010 Article, Developments in Insurance Agent and Broker E&O: 2007, ABA’s Professionals,  Officers and Directors Liability Newsletter (Winter 2008) Article, Murder Plot: Can Life Policy Sale Create Liability?, National Underwriter  Magazine, Vol. 109, No. 34 (Sept. 12, 2005) Article, The Broker’s Liability for Misrepresentations in the Policy Application, PLUS  Journal, Vol. XVIII, No. 3 (Mar. 2005) Article, Recovery and Calculation of Attorneys Fees Under Title VII, The Job Description (a publication of the Defense Research Institute Employment Law Committee)  (2005) Article, Agency & Broker E&O: The Year In Review, PLUS Journal, Vol. XVII, Nos. 3 & 4  (Feb. & Mar. 2004) Article, “In Your Corner” (co-author of monthly column devoted to insurance agent and broker E & O) PIA Magazine (2002-2004) Article, Tactical Use of State Laws Requiring Unauthorized insurers to Post Pre-Answer Security, 31 Tort & Ins. L.J. 767 (1996) Article, Section 1983 and Actions by Family Members Based on Deprivation of the  Constitutional Right to “Family Association” Resulting from Wrongful Death: Who Has  Standing?  14 Fordham Urb. L.J. 441 (1986)     
  • Co-Author, "Insuring The Sharing Economy and FINTECH: The Exposures and Related Coverage Issues, Where Things Now Stand and Where They May Be Heading," Mealey’s Emerging Insurance Disputes, July 21, 2017, Co-Author, "Insuring The Sharing Economy and FINTECH: The Exposures and Related Coverage Issues, Where Things Now Stand and Where They May Be Heading", Mealey’s Emerging Insurance Disputes, 2017
  • Presenter, “Handling the Case Involving Allegations of Fraud or Other Malfeasance by an Employee,” WESFACCA Annual Ethics CLE, New Castle, NY, October 24, 2013, Presenter, “Handling the Case Involving Allegations of Fraud or Other Malfeasance by an Employee", WESFACCA Annual Ethics CLE, New Castle, NY, 2013
  • Co-Presenter, “Legal Malpractice at a Crossroads? The Looming Threats,” CLM 2017 Annual Conference, Nashville, March 29-31, 2017, Co-Presenter, “Legal Malpractice at a Crossroads? The Looming Threats", CLM 2017 Annual Conference, Nashville, 2017
  • Moderator, “Insurance Agents E&O: Wait, Wait, There’s a Duty to Do What?” 2013 PLUS International Conference, Orlando, FL, November 5, 2013, Moderator, “Insurance Agents E&O: Wait, Wait, There’s a Duty to Do What?”, 2013 PLUS International Conference, Orlando, FL, 2013
  • Co-Author, “Legal Malpractice at a Crossroads: Managing the Looming Threats Facing Attorneys and LPL Professionals from the Explosive Growth of ESI and Social Media,” The Brief, American Bar Association Tort Trial and Insurance Practice Section, Spring 2017
  • Presenter, September 14, 2017, EZ ESI: Hands on Advice for Handling and Using ESI in a Legal Malpractice Claim, ABA Fall Legal Malpractice Conference, 2017
  • Co-Author, “The Evolution of Legal and Ethical Claims in the Age of Attorney Blogging,” DRI For the Defense, October 2016
  • Co-Presenter, "Strategic and Ethical Landscape of Defending Clients Who Have Engaged in Indefensible Conduct," American Bar Association Annual Meeting, San Francisco, August 5, 2016
  • Co-Author, Defending the Indefensible: Navigating the Strategic and Ethical Landscape of Defending Clients Who Have Engaged in Indefensible Conduct, ABA Tort Trial & Insurance Practice Law Journal, Volume 52, Issue 3, at 873 (Spring/Summer 2017), 2017
  • Presenter, "The Sharing/On-Demand Economy: The Issues and Exposures," 12th Annual National Directors Offers Insurance ExecuSummit, Uncasville, CT, May 17, 2016
  • Co-Author, “For Whom the Statute Tolls,” For the Defense, Defense Research Institute, September 2014
  • Co-Author, “Does Broker Know Best When Purchasing Cyberinsurance?” Law360, May 10, 2016
  • Moderator, “Super Storm Sandy — A Professional Liability Perspective,” PLUS Mid-Atlantic Chapter Workshop, Philadelphia, PA, May 9, 2013
  • Co-Author, “For Whom the Statute Tolls: Determining When a Legal Malpractice Claim Is Time-Barred,” The Brief, American Bar Association Tort Trial and Insurance Practice Section, Spring 2016
  • Author, Recent Developments Affecting Professionals', Officers' and Directors' Liability, Tort & Insurance Practice Law Journal (Vol. 50-2) (Winter 2015) (forthcoming). The article covers significant developments during 2014 in regards to accounting malpractice, legal malpractice, D&O liability and coverage, as well as insurance agents and brokers E&O, and brings together the work of a number of authors.  Mr. Biging's portion of the article addresses developments in insurance agents and brokers E&O in 2014.  
  • Moderator, "Managing and Defending the High Stakes Insurance Agent and Broker E&O Claim," Claims Litigation Management Alliance Annual Conference, Houston, TX, March 14, 2018, 2018
  • Co-Author, “Recent Developments Affecting Professionals’, Officers’, and Directors’ Liability,” American Bar Association Tort Trial & Insurance Practice Law Journal, Fall 2013
  • Author, “Insurance Agent and Broker E&O 2017: The Year in Review,” PLUS Journal, January 2018
  • Quoted in “NY High Court Chips Away at Broker Liability Shield,”Law360, March 3, 2014
  • Moderator, 2018 CLM Annual Conference, Managing and Defending the High Stakes Insurance Agent/Broker E&O Claim, Houston, TX, March 15, 2018
  • Editor, “Unit 3: Insurance E&O Fundamentals” and “Unit 4: Duties and Liabilities of Insurance Agents and Brokers,” Module 20: Insurance Professionals, Professional Liability Underwriting Society, 2014
  • Co-Author, "Recent Developments Affecting Professionals', Officers', and Directors' Liability Insurance," Tort Trial and Insurance Practice Law Journal, Winter 2018, 2018
  • Author, “Brokers: Be Careful What You Promise,” Property Casualty 360, March 13, 2014
  • Author, “The Legal Duties and Responsibilities of Insurance Agents and Brokers,” chapter in Insurance Agency Risk Management: A Comprehensive Guide to Avoiding E&O Claims, Book Two, Agents of America / Thomson Reuters, 2014 (forthcoming)
  • Author, “Insurance Agent and Broker E&O 2013: The Year in Review, Part 2,”PLUS Journal, Vol. XXVII, No. 5, May 2014
  • Quoted in “The Agent’s Duty to Advise: Courts Get Tough,”Rough Notes, June 2014
  • Co-Author, “For Whom the Statute Tolls,” Professional Liability Defense Quarterly, Summer 2014
  • Panelist, ABA TIPS Professionals, Officers and Directors Liability Committee Leadership Meeting, Boston, August 8, 2014
  • Presenter, “Duties and Risks in the Insurance Application Process,” DRI’s Professional Liability Seminar, New York, NY, December 4, 2014
  • Author, Developments in Insurance Agent/Broker Professional Liability 2014: The Year in Review, Part I, PLUS Journal, Vol. XXVIII, No. 1 (February 2015)
  • Author, "Developments in Insurance Agent/Broker Professional Liability 2015: The Year in Review, Parts I and II," PLUS Journal, February and March, 2016
  • Moderator, "Relationship Advice: Analyzing Claims-Made Coverage and When Claims 'Relate Back' to Prior Policy Periods," 11th Annual National Directors & Officers Insurance ExecuSummit, Uncasville, CT, May 20, 2015 , 2015
  • Moderator, PLI Exposures for Agents and Brokers: Increasingly Risky? Presented at the PLUS International Conference in Dallas on November 12, 2015, this presentation consisted of a panel discussion concerning current issues and concerns for insurance agents and brokers today, and what can be done to try to avoid E&O claims exposure going forward., Professional Liability Underwriting Society
  • Co-Author, “For Whom the Statute Tolls: Determining When a Legal Malpractice Claim Is Time-Barred,” The Brief, American Bar Association Tort Trial and Insurance Practice Section, Spring, 2016
  • Presenter: Legal Malpractice at a Crossroads?  The Looming Threats, Claims Litigation Management Alliance Annual Meeting, 2017
  • Presenter , Understanding the Potential Liability and Ethical Risks Presented by the Rapid Growth of ESI and Use of Social Media, American Conference Institute’s Advanced Forum on LPL/Legal Malpractice , 2016
  • Presenter, Defending the Indefensible: The Strategic, Moral and Ethical Dilemmas Presented by Claims Evidencing Misconduct or Indefensible Behavior, Claims Litigation Management Alliance Annual Conference, 2016
  • Presenter , The Sharing/On Demand Economy: the Issues and Exposures, 12th Annual National Directors & Officers Insurance ExecuSummit, 2016
  • Presenter , Insurance Agents & Brokers E&O: The Challenges Ahead, Professional Liability Defense Federation Annual Conference, 2016

Verdicts/Settlements:

  • A list of representative verdicts, awards, etc. includes the following: Sands Harbor Marina Corp. v. Wells Fargo Insurance Services of Oregon, Inc., 09-CV-3855 (E.D.N.Y. Feb. 19, 2013) (Seybert, J) (dismissing RICO claims made in connection with alleged $40 million fraud scheme for, inter alia, failure to plead operation and control of a RICO enterprise); CCS.com USA, Inc. v. Gerhauser, et al., No. 12-1415-cv (2d Cir. Feb. 4, 2013) (affirming dismissal of due process claim in connection with denial of building permit and alleged "effective revocation" of certificate of occupancy); Chibcha Restaurant, Inc. v. David A. Kaminsky & Associates, P.C., Index No. 112224/10 (N.Y. App. Div., 1st Dep't, Jan. 22, 2013) (affirming dismissal of legal malpractice claim based on alleged failure to pursue client's requested filing of TRO motion because firm believed it to be non-meritorious); Panse v. Eastwood, No. 06 Civ. 6697 (SCR), 2007 WL 2154192 (S.D.N.Y. July 20, 2007),  affirmed, 303 Fed. Appx. 933, 2008 U.S. App. LEXIS 25707 (Dec. 19, 2008)(dismissing  First Amendment claims of high school art teacher disciplined for classroom speech  soliciting student participation in planned art school) D.F. ex rel. Finkle v. Board of Educ. of Syosset Cent. School Dist., 386 F. Supp. 2d 119  (E.D.N.Y. 2005), affirmed, 2006 WL 1236145 (2d Cir. May 9, 2006) (holding student’s story  of murder and sex between named students was not protected by the First Amendment) Ritterband v. Hempstead Union Free Sch.Dist., 2008 U.S. Dist. LEXIS 65423 (E.D.N.Y. Aug. 20, 2008)(dismissing § 1981 claim alleging discrimination based on religion, and otherwise dismissing Title VII and NY Human Rights Law claims as time barred) Balbuena v. Mattingly, 2007 U.S. Dist. LEXIS 72517 (S.D.N.Y. Sept. 28, 2007) (dismissing claims against social services agency for violation of due process in connection with removal of children from foster parents) Javino v. Town of Brookhaven, 2008 U.S. Dist. LEXIS 17323 (E.D.N.Y. March 4, 2008) (dismissing § 1983 claim for regulatory taking and defamation in connection with Town’s issuance of notices of hearings for engaging in regulated activity on wetlands without a permit) Deptuch v. Abraham Joshua Heschel School, 2007 U.S. Dist. LEXIS 92916 (S.D.N.Y. Dec. 17, 2007)(dismissing employment discrimination claims as untimely) East Moriches Prop. Owners Assn. v. Planning Bd. Of Town of Brookhaven, 66 A.D.3d 899, 887 N.Y.S. 2d 638 (N.Y. App. Div. 2d Dep’t 2009) (affirming dismissal of Article 78 petition challenging Town Planning Board’s grant of site plan approval and issuance of SEQRA negative declaration in connection with application for permission to build planned retirement community and assisted living facility) Napoli, Kaiser & Bern, LLP v. Westport Ins. Corp., 295 F. Supp. 2d  335 (S.D.N.Y 2003)  (finding duty of insurer to defend breach of fiduciary duty claims made against law firm on  part of legal malpractice insurer, even though gravamen of complaint sounded in fraud) Khalil v. Guardino, 752 N.Y.S.2d 518 (N.Y. App. Div. 2nd Dep’t 2002) (affirming dismissal  of wrongful death claim against municipality for allegedly failing to protect decedents from  oncoming train because police officer had no assumed a “special duty” to protect them) In re Liquidation of Union Indemnity Ins. Co. of New York, 651 N.Y.S.2d 383 (N.Y. Ct.App.  1996) (affirming summary judgment award voiding over $200 million in reinsurance due to  fraudulent concealment of cedent’s insolvency) Qantel Corp. v. Niemuller, 771 F. Supp. 1361 (S.D.N.Y. 1991) (upholding standing of parent  corporation to assert RICO claims for injuries to diminution in value of stock caused by  racketeering activity directed at subsidiary) Great American Ins. Co. v. Ticor, 89 Civ. 7928, 1990 WL 238848 (S.D.N.Y. Dec. 27, 1990)  (denying dismissal on abstention grounds of contractual indemnification claim for liabilities  of reinsurer based upon proceedings to liquidate reinsurer) Roth v. Tuckman, 558 N.Y.S.2d 264 (N.Y. App. Div. 3rd Dep’t 1990) (affirming dismissal of  libel claim based upon psychiatric evaluation report to insurer as protected opinion) Finkelstein v. Bodek, 516 N.Y.S.2d 464 (N.Y. App. Div. 1st Dep’t 1987) (affirming dismissal  of libel claim based upon court-ordered report on mental status of criminal defendant by  social worker as protected by quasi-judicial proceeding immunity)  
  • Representative awards and decisions are listed on Mr. Biging's bio page on the Goldberg Segalla firm web site

Representative Clients:

  • Marsh & McLennan Companies, Inc., Wells Fargo Insurance Services, Inc., Risk Strategies Company, Sterling Risk Group, Hanover Insurance Company, Monitor Liability Managers, Allied World Assurance Company, AIG, Lexington Insurance Company, Great American Custom Division, Great American Executive Liability Divison, Crum & Forster, ProSight Specialty, Endurance, Ironshore, Admiral Insurance Company, Hiscox, Maxum Specialty Insurance Group, OneBeacon, XL Catlin   

Other Outstanding Achievements:

  • Peter was named an equity partner of the Goldberg Segalla firm as of March 15, 2013

Educational Background:

  • Graduate of Bronx High School of Science; BA., cum laude
  • Fordham University School of Law, J.D., 1986
  • Queens College, The City University of New York, B.A., cum laude, 1981

Industry Groups

  • Insurance
  • Insurance Brokerage
  • Labor And Employment
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Office Location for Peter J. Biging

711 Third Avenue
Suite 1900
New York, NY 10017

Peter J. Biging:

Last Updated: 4/4/2019

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