Stephen Asay advises clients on proactive risk management strategies and the resolution of complex commercial litigation involving insurance coverage and construction claims.

With a nationwide practice based in Washington, DC, Stephen represents clients at all stages of a dispute, from initial claims advocacy and negotiations, through discovery, trial and appeal. He has handled claims involving general liability, professional liability, pollution, builders risk, commercial property, subcontractor default and other types of insurance, including cases in various state and federal courts and arbitration forums. Stephen also provides strategic advice to clients regarding their insurance and risk management programs and related issues that arise outside of litigation.

Representative Experience

  • Assisting major homebuilders in insurance recovery efforts as additional insureds under their subcontractors’ policies for numerous water intrusion and other property damage claims.
  • Secured a $23 million summary judgment award for a general contractor that helped establish coverage for mitigation costs under Florida law and addressed the priority of coverage between subcontractor default and other forms of insurance.
  • Successfully defeated an insurer’s declaratory judgment action involving a contractor’s professional liability policy in connection with underlying trademark infringement lawsuits.

Professional Highlights

  • Best Lawyers: Ones to Watch in America, Washington, DC (Commercial Litigation, 2023 – 2024)
  • Super Lawyers, Rising Star, Washington, DC (Insurance Coverage, 2018-2023)
  • Member of the Insurance Recovery & Advisory practice, named by Law360 as a Practice Group of the Year in 2010, 2015, 2016, 2020 and 2022.

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  • Member of the teams awarded “Law Firm of the Year” for Construction by S. News – Best Lawyers (2016 & 2017).
  • Co-author of Chapter 50, “Builders Risk Insurance,” New Appleman on Insurance Law Library Edition.
  • Speaking Engagements
    • “Understanding Construction Pollution and Professional Liability (CPPL) Exposures,” Lorman Education Services CLE Webinar, March 2021.
    • “Builders Risk 101,” Florida Bar RPPTL Insurance & Surety Committee, May 2020.
    • “Management of Subcontractor Default Through Insurance,” Florida Bar RPPTL Insurance & Surety Committee, January 2019.
    • “Current Coverage and Recovery Issues with Subcontractor Default Insurance,” Willis/Pillsbury 2016 Default Insurance Forum.
    • “Construction Defect Insurance Claims: Policyholder and Insurer Perspectives,” Strafford Publications CLE Webinar, November 2015.
  • Memberships

    • The George Washington University Lambda Law Alumni Association (Co-Founder and Former Executive Board Member)
    • Northeastern University LGBTQA+ Alumni Network

     

Education

  • J.D., The George Washington University Law School, 2012
    with high honors, Order of the Coif

    B.A., Journalism, Northeastern University, 2009
    summa cum laude

    B.S., Industrial Engineering, Northeastern University, 2009
    summa cum laude

Admissions

  • Maryland

    District of Columbia

Courts

  • U.S. District Court for the District of Maryland

    U.S. Court of Appeals for the Third Circuit

    U.S. Court of Appeals for the Eleventh Circuit