Richard A. Fogel

AV Rated Attorney by Martindale Hubbell
Best’s Recommended Insurance Attorney

Attorney Richard A. Fogel received his Masters of Science Degree in marine environmental sciences from the State University of New York at Stony Brook in 1982; Bachelor of Science in Marine Sciences from Southampton College (LIU) in 1980; and his Juris Doctorate from Fordham University School of Law, in 1987. He is licensed to practice law in New York and New Jersey, and admitted to practice before the United States Supreme Court.

Mr. Fogel has written and published many articles in law journals and magazines on topics such as risk management, environmental claims (as they relate to insurance coverage), lead paint, and case settlement and negotiation strategies. In addition, he has lectured extensively on insurance coverage issues, toxic torts, and risk management issues. He was approved by the New York State Continuing Legal Education (CLE) Board to teach CLE courses on insurance coverage to other attorneys.

For experience you can trust, contact us to discuss how we can serve you. Our initial consultation is free of charge.

Trust the Law Offices of Richard A. Fogel, P.C. for sound advice and experienced representation in insurance coverage, environmental contamination, toxic torts, products liability, and commercial litigation.

We serve clients throughout New York, Manhattan, Queens, Staten Island, the Bronx, Brooklyn, and Long Island. We also serve clients in New Jersey.

Bar Admissions:

• New York – 1/88
• New Jersey – 12/87
• US Supreme Court – 4/97
• 2nd Circuit – 9/14

Education:

Law School:

JD, Fordham University School of Law (May, 1987). Commentary Editor, Fordham ILJ, Articles Editor; Fordham Envt’l Law Reporter.

Graduate School:

MS, Oceanography, Marine Sciences Research Center, SUNY Stony Brook, 1982. Graduate Assistantship; Graduate Research Assistantship.

Undergraduate:

BS, Marine Sciences (Biology), Southampton College of LIU, 1980. Presidential Scholarship; Regent’s Scholarship; Dean’s List; Faculty Honors; News Editor.

Experience:

• Partner, Fischbein Badillo Wagner Harding, Melville, N.Y., 2003-2004.
• Partner, McMillan, Rather, Bennett & Rigano, P.C. 1992-2003.
• Associate, Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., 1987-92.
• Research Scientist, Marine Sciences Research Center, Stony Brook, N.Y., 1983-84.
• High School Science Teacher, St. Dominic’s HS, Oyster Bay, N.Y., 1982-83.

Membership in Associations, Committees, etc.:

• Former Chairman, Babylon Environmental Conservation Commission.
• Member: Suffolk County Bar Ass’n, Defense Research Institute, Claims &
  Litigation Management Alliance.

Lectures, CLE Programs:

• Practical Professionalism 2.0 Ethics, Standards and Civility in Claims Handling, Zurich Insurance, Rocky Hill, CT, November 2017;
• Introduction to Product Liability Litigation and Claims Handling, Swiss Re, Overland Park, KS, Oct. 2014;
• Medicare Lien Issues for Defense Counsel, (Nat’l Academy of Continuing Legal Education videotaped, August 2014) and (27th Medical Device Seminar, Medmarc Insurance Panel Counsel, Vail, CO., June 2014);
• Claims and Litigation Settlement Negotiations, NYCM Ins. Co., Edmeston, N.Y., May 2013;
• Environmental Issues Facing Commercial Real Estate in Today’s Market Place, AIG Environmental Claims and MLW Services Seminar at the Harmonie Club, New York, NY, June 2004;
• Selected Coverage Issues In CGL Insurance, Long Island RIMS Chapter, Woodbury, NY, March 2004;
• Coverage Issues in Mold Litigation, Sterling Education Seminars, Farmingdale, NY, October 2003;
• Risk Management Issues for Small Businesses, SUNY Farmingdale, Small Business Institute, Nov. 2002;
• Settlement Negotiations and Strategy, Travelers Insurance, July 2002;
• Everything You Always Wanted To Know About Commercial General Liability Insurance (But Were Afraid To Ask), March 2005, USEPA Region 2, July 2004, Fischbein Badillo Wagner Harding, February 2002, Greater New York Insurance, Dec. 2002, Herzfeld & Rubin, P.C. April, 2002, Sentry Insurance, March 2002, Suffolk County Bar Assn., February 2002;
• Current Legal Issues For Technology Businesses, MRBR Seminar, June 2000;
• Recent Developments in CERCLA and Toxic Tort Litigation, NYSBA, April 2000;
• Toxic Torts, Pollution, Asbestos and Lead Liability, UJA-Federation Young Insurance Division, February 1993.

Publications:

• Fogel, Risk Management for Small Businesses, N.Y.L.J. (June 16, 2004) at 4, col.3;
• Fogel, Risk Management for Small and Mid-Size Businesses, ABSCI Newsletter (July 2003);
• Fogel, Settlement Negotiation and Strategy, 50 Risk Management Magazine 18 (February 2003);
• Fogel, Why a New Ethics Rule Could Help Firms Limit Billable Hour Requirements, 15 Acct’g and Fin’l Planning for Law Firms 5 (No. 5 May 2002);
• Fogel, Limit Billable Hour Requirements, N.Y.L.J. (March 14, 2002) at 2, col.3;
• Fogel, Definition of Single Loss In Environmental Claims Under Treaty Reinsurance, Risk Management Magazine (February 2002) at 7;
• Fogel, Sept 11: Risk Management Lessons Learned, N.Y.L.J. (November 2, 2001) at 1;
• Fogel, Appellate Panel Saves Notice Defense for Single Family Lead Paint Cases, N.Y.L.J. (October 20, 1998) at 1;
• Fogel, Litigation and Lead Paint Claims, Risk Management Magazine (February 1995) at 38;
• Fogel, Defense Can Chip Away at Lead Paint Lawsuits, Best’s Review, Property/Casualty Edition (November 1994) at 98;
• Fogel, Do Not Judge a Book by its Cover: Mega – Site Environmental Coverage Litigation Is Not Inherently More Cost And Time Efficient Than Single Site Cases, Mealey’s Litigation Rep., Ins. (May 19, 1992) at 16;
• Fogel, Grey Market Goods and Modern International Commerce: A Question of Free Trade, 10 Fordham Int’l L.J. 308 (1986-87).

Other honors, activities and personal notes:

• Notable Case:Represented the prevailing appellate/defendants in: Garcia v GEICO, 151 A.D.3d 1020, 58 N.Y.S.3d 428 (2d Dep’t 2017) (coverage);
• Notable Case:Andrade v. Wong, 251 A.D. 2d 609, 675 N.Y.S. 2d 112 (2nd Dep’t 1998) (lead paint);
• Diplomat/Instructor, National Institute of Trial Advocacy. Trained Assistant Scoutmaster, Suffolk County Council, Boy Scouts of America (2003).
• Squadron Education Officer, Great South Bay (NY) Power Squadron (2010-16)
• Certified Boating Course Instructor, United States Power Squadron.
• Certified Scuba Diver (1976), Nat’l Assoc. of Underwater Instructors.