Robert W. Muilenburg

Partner

Practice Areas:
Commercial Litigation
Environmental and Toxic Tort
Insurance and Reinsurance

Robert Muilenburg is a Founding Partner of the firm and his practice concentrates in insurance coverage, reinsurance, environmental, toxic tort, construction defects and commercial litigation. He was formerly a partner with McElroy Deutsch & Mulvaney LLP.  Mr. Muilenburg has litigated and counseled clients on a wide range of insurance coverage issues, with an emphasis on coverage disputes arising out of environmental liability, toxic tort exposure, construction defects, additional insured claims and professional liability. He has argued insurance coverage issues before the New Jersey Supreme Court and Appellate Division.  He recently obtained a seminal ruling on an issue of first impression of when a progressive injury manifests in Polarome Int’l v. Zurich Insurance Company.  He represented Volvo Financial Services against Clarendon Insurance Company in a complex reinsurance/TPA dispute in the Southern District of New York. 

Mr. Muilenburg represents a broad spectrum of commercial and industrial companies in environmental disputes focusing on environmental contamination and toxic tort litigation. He has defended numerous companies in CERCLA and Spill Act claims involving landfill contamination.   He has litigated cost recovery claims by USEPA, NJDEP, NYDEC and private parties in state and federal court.  He has handled soil and groundwater contamination claims arising out of large industrial and chemical operations, as well as claims of leaking underground storage tanks from gasoline stations.  He has defended toxic tort claims alleging exposure to a variety of compounds including insecticides, MTBE, solvents, chromium, and lead.  He prevailed in dismissing an 80,000 plaintiff toxic tort class action based on a statute of limitations bar, which was affirmed on appeal.

Education:
George Washington University, The National Law Center (J.D., with honors, 1987)
Member, Moot Court Board and National Moot Court Team, 1986-1987

Hamilton College, (B.A., magna cum laude, 1984)

Professional Admissions:
State of Louisiana (1987)
State of Colorado (1989)

State of New Jersey (1992)

State of New York (2010)
United States District Court for the District of Colorado (1989)
United States District Court for the District of New Jersey (1992)
United States District Court for the Northern District of New York (2002)

Memberships and Professional Activities:
Member, American Bar Association (Sections on Insurance and Environmental)
Member, New Jersey State Bar Association
Member, Insurance Law Section, New Jersey State Bar Association
Member, Environmental Law Section, New Jersey State Bar Association

Recent Trials:
Beth Bunin v. Bed Bath & Beyond.  Obtained no cause defense verdict in jury trial alleging personal injuries of over two million dollars. 

Clarendon Insurance Company v. Lloyd’s of London Syndicates. Represented certain Lloyd’s Syndicates in two-week trial involving reinsurance dispute.

HMHTTC v. Dahn Trucking. Defended trucking company in claim for cleanup of spill by emergency response contractor. Obtained no cause verdict on all claims after one-week jury trial.

Recent Seminars:

• The Hidden Exposures of Technology: A Risk and Insurance Perspective
• Effects of Insolvency of the Policyholder or Primary Insurer
• Use of “Chinese Wall” in Claim Handling – What to Do in Conflict Situations
• Bad Faith Claims: What They Include and How to Avoid Them
• Insurability of Punitive Damage Awards
• When to Seek Reformation or Rescission and How to Present It to the Insured
• Scope of liability under the New Jersey Spill Compensation and Control Act
• Natural Resource Damages

Contact:
P.O. Box 1917
350 Mount Kemble Avenue
Morristown, NJ 07962-1917

Direct Dial: (973) 631-6011
Facsimile: (973) 267-6442

E-mail:rmuilenburg@ coughlinduffy.com