Paul Ferland

Member

Paul concentrates his practice in civil litigation involving first-party property insurance coverage. Paul has successfully represented clients in litigation, mediations, and arbitrations. He has significant experience successfully advising clients with regard to the multifaceted issues that arise out of damage to property including, but not limited to, natural disasters, explosions, fires, equipment failures, and collapses. He is also skilled at handling the difficult issues that can accompany property damage claims, such as business interruption claims, allegations of bad faith, and various contract and tort-based issues as well. Significantly, Paul has developed strong relationships in the London Market. To that end, Paul, has represented carriers and syndicates in connection with large energy losses, hurricanes, builder’s risk losses, and extracontractual claims. Paul also frequently conducts seminars and workshops with London insurers to advise of recent trends and issues in U.S. law that may impact London Market members. 

Paul earned his bachelor’s degree from State University of New York – Brockport and his law degree, cum laude, from Seattle University School of Law.

 

Experience

News

Insurance Attorney Paul C. Ferland Joins Cozen O'Connor

April 19, 2019

Cozen O'Connor welcomes Paul C. Ferland, an attorney who concentrates his practice in civil litigation involving first-party property insurance coverage, to its nationally recognized Global Insurance Practice.

Publications

New Jersey Appellate Division Rules Insurers Not Obligated to Cover Certain Business COVID-19 Related Losses [Property Insurance Law Observer Blog]

June 27, 2022

A recent New Jersey Appellate Division ruling follows the general trend nationally in which courts are, by and large, rejecting insureds’ claims for coverage for business income losses due to government orders related to preventing the spread of Covid-19. While there have been certain outliers,...

COVID-19 and Event Cancellation Claims: Post-pandemic Developments [Practical Guidance]

February 03, 2022

Paul Ferland examines event cancellation coverage in general to identify the issues that will be at the forefront of legal disputes in the coming years.

Louisiana Federal Court Upholds Applicability of Anti-Concurrent Causation Exclusion for Hurricane Damage [Property Insurance Law Observer Blog]

September 07, 2021

In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”) in precluding coverage for property damage caused by a combination of...

New Jersey Federal Court Holds That Insurance Coverage Issues Do Not Need To Be Decided Before Appraisal [Property Insurance Law Observer Blog]

July 06, 2021

A federal court recently held that ongoing insurance coverage issues should not prevent an appraisal from going forward as per an appraisal clause in the insurance policy. In DC Plastic Products Corp. v. Westchester Surplus Lines Insurance Co. Case No. 17-13092 (D.N.J. May 19, 2021), the District...

Southern District of New York Holds Contamination Exclusion is Ambiguous as Applied to Covid-19 Business Losses [Property Insurance Law Observer Blog]

April 16, 2021

The Southern District of New York recently held that a contamination exclusion was ambiguous in the context of Covid-19-related business interruption losses. Accordingly, the court held that the issue was inappropriate to decide at the summary judgment stage and denied both parties’ cross-motions...

North Carolina Court Finds Coverage for Restaurants' COVID-19 Business Income Losses [Property Insurance Law Observer Blog]

October 23, 2020

A trial level court in North Carolina recently found coverage under first-party property insurance policies for the insured restaurants’ COVID-19-related business income losses. In North State Deli, LLC et al. v. Cincinnati Ins. Co., et al., Case No. 20-CVS-02569 in the General Court of Justice,...

Ensuing Loss Clause Does Not Create Coverage for “Collapse” Inseparable from Damage Caused by Excluded Perils [Property Insurance Law Observer Blog]

October 16, 2020

In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks insurance policy without a specific collapse coverage. Case No....

Hurricane Laura: What Can Insurers Expect with Claims in Texas and Louisiana? [Alert]

September 02, 2020

Joseph A. Ziemianski, Melissa Brill, Alycen A. Moss, Stephen P. Pate, and Paul C. Ferland discuss what insurers can expect based on prior hurricanes.

Coronavirus: Is There Coverage Under Property Insurance Policies? [Property Insurance Law Observer Blog]

March 18, 2020

Coronavirus (“COVID-19”) has disrupted events, supply chains, sales, and entire industries. As a result, businesses are going to look to their property insurers to recuperate lost business income, as well as expenses related to cleaning, sanitizing and decontamination. The first lawsuit alleging...

Property Insurance Coverage Issues Associated with COVID-19 [Alert]

March 16, 2020

Joe Ziemianski, Melissa Brill, Alycen Moss, Stephen Pate, and Paul Ferland discuss how courts have analyzed and applied first-party property policies for these types of non-physical losses, potential coverage under a civil authority provision, and pollution/contamination exclusions.

New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel [Property Insurance Law Observer Blog]

October 29, 2019

A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation.  In Otsuka America, Inc. v. Crum & Forster Specialty Insurance Co., 2019 WL 4131024,...

Failure of Insured to Provide Requested Documents Triggers Appraisal Under First Party Insurance Policy [Property Insurance Law Observer Blog]

October 14, 2019

Those familiar with first party insurance policies have undoubtedly encountered a recurring issue with the interpretation of appraisal provisions – what does it mean to disagree on the amount of loss?  In Valvano Realty Co. v. American Fire and Casualty Co., the United States District Court for the...

Industry Sectors

Education

  • Seattle University School of Law, J.D., cum laude, 2005
  • State University of New York – Brockport, B.A., 2001
  • New York
  • New Jersey
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Southern District of New York
  • U.S. Court of Appeals for the Second Circuit

American Bar Association

Marlboro Township Public Schools, Board Member