Kurt Dzugay

Partner

Kurt.Dzugay@lewisbrisbois.com

Kurt Dzugay is a partner in the Newark office of Lewis Brisbois and a member of the Insurance Coverage, Bad Faith Litigation, Workers' Compensation, and General Liability Practices. He focuses his practice in the areas of insurance coverage and bad faith, workers’ compensation and general liability. Prior to joining Lewis Brisbois, Mr. Dzugay worked at an insurance law firm, where he oversaw all aspects of litigation in insurance coverage litigation, bad faith and defense of insurers in extra-contractual suits, workers’ compensation defense and coverage litigation, environmental law and general liability defense. He also managed coverage analysis and opinions on duty to defend and indemnify for various first and third-party policies, both occurrence and claims made.

Mr. Dzugay also has extensive experience in Workers' Compensation defense. He has handled defense for numerous carriers and TPA’s, including handling special projects where he was tasked to negotiate broad based settlements in situations where employers ceased operations. Mr. Dzugay has also handled  various coverage issues involving Workers' Compensation.

Mr. Dzugay also served as the Assistant District Attorney for Kings County from 2000-2003. In that position, he oversaw all aspects of the prosecution of various criminal matters from inception to disposition, including intake and evaluation, arraignment, indictment, motion practice, hearings and trial. He handled both misdemeanor and felony matters, as well as the investigation of high-level felony matters.

Primary Area(s) of Practice

• Insurance Coverage
• Bad Faith Litigation
• Workers’ Compensation
• General Liability
• COVID-19: Insurance Coverage

Admissions

New York

New Jersey

Education

Seton Hall School of Law

Juris Doctor, 1997

Rutgers University

Bachelor of Science in Biology, 1994

Legal Experience

• Successfully defended insurer at trial and won a no-cause verdict in a matter where the plaintiff sought reformation of her automobile policy to include higher PIP limits
• Successfully defended insurer at trial and won a no-cause verdict in a matter involving coverage under a homeowners policy and claims of equitable estoppel due to insurance agent’s alleged negligent advice in procuring policy
• Successfully defended client at trial and won a no-cause verdict in a Spill Act contribution matter where damages exceeded $18 million
• Successfully defended client in a UCC commercial trial where counterclaim for delivery of alleged non-conforming goods exceeded $500,000
• Argued successfully for summary judgment on issue of first impression that insurer was not collaterally estopped from arguing comparative negligence in subsequent UM claim after insurer was successful in prior PIP recovery claim
• Negotiated a favorable settlement in a multi-million dollar bad faith/wrongful death suit after filing of summary judgment motion arguing Workers Compensation exclusivity.  Matter settled during pendency of motion

Published and Unpublished Opinions

• Colon v. Liberty Mut. Ins. Co., 2012 N.J. Super. Unpub. LEXIS 127 (App.Div. Jan. 20, 2012)
• Dillon v. Liberty Mut. Ins. Co., 2011 U.S. Dist. LEXIS 81239 (D.N.J. July 25, 2011)
• Lansing v. Liberty Mut. Fire Ins. Co., 2013 N.J. Super. Unpub. LEXIS 1123 (App.Div. May 10, 2013)
• Langan Eng’g & Envtl. Servs. v. Greenwich Ins. Co., 2008 U.S. Dist. LEXIS 99614 (D.N.J. Dec. 5, 2008)