Kevin'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.
Kevin 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.
Kevin stays involved in the community, giving back to his alma mater, Fordham, by lending his wide range of legal knowledge to Fordham's Mock Trial team. He also leads the Yonkers Paddling and Rowing Club, and is a member of the Diversity, Equality and Inclusion Committee for the American Canoe Club's Camp at Lake Sebago. He successfully completed training with Billion Oyster Project and now is a Community Scientist and Steward of their Oyster Research Stations ( ORS ) located in New York Harbor and adjacent waterways. Kevin monitors the health and growth of the oysters in the ORS that are accessible via kayak.
Kevin Horbatiuk received a favorable decision for our client in the case Cohen v. Life Insurance Company of North America, in the United States District Court for the Southern District of New York (Civil Action No. 17 CV 9270) from District Judge J. Paul Oetken.
On January 9, 2023, Marie Castronuovo''s motion for summary judgment was granted on behalf of our client in the case of Laura Marks v. Lessings, Inc. This case involved a plaintiff who fell down exterior steps at Whitby Castle, claiming the steps were visually confusing. To establish that the steps were not visually confusing Ms Castronuovo presented the Court with the photos of the steps marked at plaintiff''s deposition which depicted various shades of gray on each step, and a darker landing as well as a white framed threshold. She also argued that plaintiff''s expert failed to identify a Building Code violation and admitted that the steps were well lit. Plaintiff opposed the motion, arguing that the steps were an optical illusion and required a mid-handrail. This was rebutted by Ms. Castronuovo who argued that plaintiff''s expert''s opinion only provided suggestions for making the steps safer and did not identify any Building Code requiring a mid-handrail. She further cited to plaintiff''s testimony that she was looking straight ahead as she exited the building, instead of down at the staircase.
On January 3, 2023, Marie Castronuovo''s motion for summary judgment was granted on behalf of our clients in the case of Brian Crosby v. AJA Turnpike et al. Ms. Castronuovo moved for a dismissal of plaintiff''s Labor Law 200, 240 and 241 claims against various Sonic entities. Plaintiff opposed the motion, arguing that there was an agency relationship between the Sonic entities and the owner of the property and the general contractor on the job. Judge Frank Nervo agreed with Ms. Castronuovo''s argument that no agency relationship existed and that the Sonic entities were not subject to the Labor Law.