Robert P. Firriolo

Robert P. Firriolo, a partner of Boutin & Altieri, P.L.L.C., practices in the area of litigation, with concentrations in commercial, insurance, firearms, and environmental matters.

Mr. Firriolo has handled numerous matters through trials, appeals, mediations, arbitrations and settlements involving environmental, health hazard, product liability, financial, construction, and professional liability claims by a broad range of individuals and business entities.

Mr. Firriolo has also litigated numerous complex commercial disputes involving insurers, contractors, utilities, stockholders, manufacturers, professionals, small businesses and real estate owners. He has extensive experience managing litigation, drafting commercial contracts, negotiating complex, structured settlement agreements, and handling insurance claims. He also advises clients on environmental, risk management, not-for-profit corporation, regulatory compliance, and energy development matters.

Mr. Firriolo also focuses his practice in the areas of civil, constitutional, administrative, compliance, and legislative matters regarding firearms laws and regulations. He has represented individuals, clubs, organizations and businesses such as shooting ranges and firearms dealers. He is also a referral counsel of the National Rifle Association of America.

Mr. Firriolo also practices municipal and land use law, including construction disputes and zoning/planning issues.

Education

Admissions

Past Employment

  • Duane Morris LLP -Partner, 2006-2012
  • Mendes & Mount, LLP - 1991- 2006
  • New York City Department of Environmental Protection - 1988-1991
  • New York City Department of Transportation - 1987-1988

Professional Associations and Memberships

Civic and Charitable Activities

  • Knights of Columbus : Our Lady of the Lakes Council #6318; Mother Cabrini Assembly #1572
  • Boy Scouts of America: Troop 440 Patterson, NY -Assistant Scoutmaster; Order of the Arrow, Ktemaque Lodge #15

Honors and Awards

  • AV Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Named as a top litigation attorney in AVENUE Magazine’s Legal Elite (October 2011)
  • Named in ALM's "New York Area's Top Rated Lawyers of 2013" for Appellate Law and Commercial Litigation

Selected Publications

Selected Speaking Engagements

  • “Mealey’s Scope of Coverage Conference: All Sums Versus Pro-Rata Allocation, Methods of Exhaustion, Reallocation and Settlement Credits,” Washington, D.C., October 15, 2007.

Representative Matters:

Environmental Insurance Coverage litigation:

  • Obtained affirmance of judgment denying insurance coverage for pollution damage caused by pre-policy operations because no causal "event" took place during the policy periods. The case is the first appellate-level decision on the issue and has been repeatedly cited as precedent by other courts. Long Island Lighting Co. v. Allianz Underwriters Ins. Co., 749 N.Y.S.2d 488 (N.YAD. 1st Dept., 2002).
  • Represented insurer subrogated to policyholder's claims in environmental coverage dispute. Dealt with legal issues related to potentially responsible parties and state and federal environmental regulations. Won summary judgment ruling for client. State of Vermont Agency of Natural Resources v. Stonington Ins. Co., et al., 2007 Vt. Super. LEXIS 25 (Aug. 2, 2007).
  • Negotiated creative "coverage in place" settlement for environmental coverage insurer. This allowed insurer to pay for and participate in initial studies at site while making no admission of coverage responsibility. Also provided for recoupment option tied to ultimate total site costs if remediation became necessary.
  • Represented insurance underwriters in environmental coverage dispute over contaminated sites. Won jury trial and court rulings that were affirmed by New York's highest court. This was the seminal case on allocation of damages among insurers of property for successive periods of time in cases of continuous injury. Received a favorable ruling that each insurer is only responsible for a pro rata share of damage caused by its insured during relevant policy periods. Consolidated Edison Co. of New York, Inc. v. Allstate Ins. Co., 98 N.Y2d 208, 746 . N.Y.S.2d 622 (2002).
  • Handled pre-litigation settlement presentation for insurer of oil company in environmental liability matter. Worked closely with environmental consultants to analyze statutory and tort liabilities. Negotiated settlement that discounted more than 90 percent of potential total exposures of $1 billion.
  • Represented insurer in coverage dispute arising out of feed and zinc mining operations in Oklahoma-Missouri-Kansas region. Negotiated settlement for nominal amount after intensive discovery on the history of mining and smelting operations.
  • Represented insurer of major national retailer that had allegedly shipped waste to landfills, resulting in exposures under CERCLA, RCRA and various state statutes. Handled investigation and assessment of claims and claims analysis.
  • Handled a group of environmental coverage cases relating to operations of gas manufacturers. Obtained declaratory judgments regarding pollution coverage obligations.
  • Negotiated favorable settlement for environmental coverage insurer in case involving multiple sites polluted as a result of manufacturing and landfill uses.
  • Represented insurer of client that was an oil-and-waste barrel manufacturer in defense of direct action by a state that sued numerous potentially responsible parties. Was one of several insurers sued by the state, and negotiated settlement for de minimus amount in multiparty litigation involving Superfund site.

Insurance Litigation

  • Obtained summary judgment determination that insurer had not been obligated to defend its insureds in the underlying litigation because the dishonesty-fraud exclusion and other exclusions in the errors-and-omissions policy applied. The court determined that the insurer was not obligated to indemnify the insured for the underlying $1 million-plus judgment and ordered the insured to repay the insurer for the $360,000 in defense costs it incurred in the underlying litigation.
  • Obtained summary judgment in favor of insurer that sought a declaration of coverage and return of defense expenses paid to insured under a directors-and-officers liability policy, resulting in insurer recovering defense costs and saving the full policy limit on the indemnity claim.
  • Handled insurance coverage matter involving professional liability policy and dispute among project owner and contractors on large transportation project. Used effective advocacy and discovery regarding notice and claims to avoid $15 million in exposure through summary judgment win for client. Southern New Jersey Rail Group v. Lumbermens Mutual Casualty Corp., 2007 WL 2296506 (S.D.N.Y.).
  • Obtained summary judgment for insurer on action brought by another insurer that sought coverage for a claim it settled without the insurer-client’s authorization.

Second Amendment, Firearms and Conservation Law Matters

  • Obtained unanimous appellate decision in a landmark state constitutional challenge establishing preemption of local gun-control laws by state penal law. Matter of Chwick v. Mulvey, 81 A.D.3d 161 (2nd Dept. 2010).
  • Representation of national and state gun-rights organizations and individual plaintiffs in a federal civil-rights lawsuit raising constitutional challenges to New Jersey's handgun-permit laws requiring demonstration of "justifiable need."
  • Represented shooting range in aftermath of customer suicide, including review of range procedures and policies for administrative compliance, negotiations with regulatory agency and media relations.
  • Obtained on behalf of conservation organizations a temporary restraining order and injunction precluding the state of New York from closing the state's last pheasant-propagation farm. The suit culminated in a settlement that provided for the funding and continued operation of the farm.
  • Represented private fish and game club in court proceeding by club member seeking to obtain membership list for political mailings. Succeeded in having case dismissed.
  • Represented federal firearms licensee in federal court action against Bureau of Alcohol, Tobacco, Firearms and Explosives to challenge license revocation.
  • Worked with Federal Bureau of Investigation to update criminal-history records and obtain entry of client into National Instant Criminal Background Check System's Voluntary Appeal File.
  • Drafted state-level firearms legislation that was enacted into law. Consults with and advises stakeholders and legislators on proposed firearms and conservation legislation.
  • Obtained advisory opinions from governmental authorities on interpretation and implementation of firearms laws by administrative agencies.

Main Office
One Buttrick Road
P.O. Box 1107
Londonderry, NH 03053

Fairfield:
61 Sherman Street
Fairfield, Connecticut 06824
Telephone: 203.292.6882

Meredith:
118 Main Street, P.O. BOX 1013
Meredith, New Hampshire 03253
Telephone: 603.279.6192

Carmel:
P.O. Box 630
Carmel, NY 10512
Telephone: 845.306.7076

Telephone: 603.432.9566
Fax: 603.432.7419