Benjamin Tievsky represents policyholders exclusively in insurance coverage matters involving general liability, environmental exposures, cyber liabilities, director and officer claims, and losses involving property damage and business interruption.

Benjamin has counseled and litigated on behalf of U.S. and international policyholders in an array of industries, including public utilities and companies in the natural resources, pharmaceutical, transportation, entertainment and technology spaces. Among other types of claims, he helps insureds obtain coverage for federal- and state-mandated environmental investigation and remediation. Additionally, Benjamin has significant experience assisting victims of cyber attacks in all aspects of insurance recovery. He also closely follows insurance-related developments in the legal cannabis industry and has cultivated expertise in this rapidly growing and evolving field.

Representative Experience

  • Represented a New York public utility company in litigation of long-tail environmental insurance claims.
  • Represented a global electronics and entertainment company in landmark coverage litigation arising from a high-profile cyberattack.
  • Represented a global pharmaceutical company in international arbitration involving patent infringement liability insurance.

Professional Highlights

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  • "Up In Smoke? Coverage for Medical Marijuana is Uncertain," Law360, March 11, 2016. Author: Benjamin D. Tievsky.
  • Prior to law school, Mr. Tievsky pursued doctoral studies in Jewish and Greco-Roman law in late antiquity.
  • Honors & Awards
    • Recognized by Best Lawyers (published by BL Rankings LLC) Ones to Watch, Insurance Law (2021-2022)
  • External Publications
    • Co-Author, Contra Proferentem Will Remain Alive And Well In NY, Law360, August 22, 2022
    • Will insurance cover wildfire damage to cannabis businesses? The Daily Journal, November 19, 2020
    • INSIGHT: Covid-Related ‘Physical Loss or Damage’ Is Subject to Interpretation, Bloomberg Law, September 11, 2020
    • Ruling says insurer can't use exclusion in cannabis-related fire case, The Daily Journal, June 15, 2020
    • Potential Insurance Coverage for Looted Cannabis Dispensaries in California and Beyond, The Recorder, June 12, 2020
    • Cannabis Risk: A Pot-Pourri of Insurance Issues, Lawline, April 19, 2019

    • Cannabis Legalization in NJ: Protecting the Garden State’s Plants and Other Insurance Related Issues, New Jersey Law Journal, April 18, 2019

    • Potential Coverage for Cannabis Growers Affected by Wildfires, The Daily Journal, November 9, 2017

    • Protecting Wine Country’s Other Crop, San Francisco Business Times, October 27, 2017

    • ‘Viking Pump’: Landmark Victory for Policyholders, New York Law Journal, May 23, 2016 (co-author)
    • Up In Smoke? Coverage for Medical Marijuana is Uncertain, Law360, March 11, 2016
    • Insured Injuries Under Coverage A: Bodily Injury, Property Damage, and Products-Completed Operations Hazard, The Reference Handbook on the Comprehensive General Liability Policy (ABA), 2014 (co-author)
    • Roadblocks to D&O Coverage for Subpoena Response Costs, Law360, April 17, 2014
  • Speaking Engagements
    • “Intellectual Property Insurance: New Products, New Ideas,” RIMS Annual Conference, April 11, 2022
    • “Insurance Law Issues Impacting The Cannabis Industry,” NJSBA Webinar, March 30, 2021
    • “Navigating D&O Fiduciary Duties in the Zone of Insolvency,” Strafford Webinar, November 5, 2020
    • “Current Insurance Issues Facing the Cannabis Industry,” NJICLE Webinar, September 15, 2020
    • “Insurance Coverage for Coronavirus: Mitigating Loss and Protecting the Business,” Lawline webinar, May 19, 2020
    • “A Primer on Cannabis-related Risk Management and Insurance Issues,” Chicagoland Risk Forum, September 23, 2019
    • “Beyond the Smoke and Mirrors of Cannabis Insurance: What Policyholders Need to Know,” Lawline webinar, December 8, 2017
    • “Joint Session: How Close Can You Get to Marijuana Without Being Burned,” RIMS 2017 Western Regional Conference, San Francisco, September 2017

Education

  • J.D., Benjamin Cardozo Law School, Yeshiva University

    A.B., University of Chicago
    with honors

Admissions

  • New York

    District of Columbia

Courts

  • U.S. District Court for the Southern District of New York

    U.S. District Court for the Eastern District of New York

    U.S. District Court for the Northern District of New York

    U.S. Court of Appeals for the Ninth Circuit