INDUSTRIES

OVERVIEW

Tanya Mascarich is a Counsel in the firm's Insurance Coverage and Bad Faith Practice Group with over 20 years of experience in high exposure complex cases in jurisdictions throughout the United States. She is a practiced courtroom veteran representing companies and individuals in trials and appeals. Tanya has significant experience in complex coverage disputes involving general liability coverage, long-tail claims, extra-contractual claims, first-party coverage, and business interruption claims.

She recently joined White and Williams after serving at a prominent New Jersey law firm where she focused on insurance coverage, commercial and fiduciary litigation matters. Tanya brings expertise in researching and analyzing insurance coverage issues and is an accomplished appellate counsel. 

Tanya has been appointed to the Supreme Court of New Jersey to serve on the District XA Ethics Committee for the four-year term commencing September 1, 2024 through August 31, 2028.

Reported Decisions

  • Continental Ins. Co. v. Honeywell International, Inc., 234 N.J. 23 (2018)
  • Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co., 227 N.J. 322 (2017)
  • Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co., 442 N.J. Super. 28 (App. Div. 2015)
  • Chubb Custom Ins. Co. v. Prudential Ins. Co. of America, 195 N.J. 231 (2008)
  • In re Estate of Hekemian, No. A-1774-21, 2023 N.J. Super. Unpub. LEXIS 60 (App. Div. Jan. 13, 2023)

Recognition and Involvement

Recognition & Involvement

Best Lawyers in America® for Insurance Law (2017-2025)

New Jersey Super Lawyers for Insurance Coverage (2017-2018, 2023)

New Jersey Super Lawyers "Rising Star" for Insurance Coverage (2010-2011)

Credentials

Bar and Court Admissions

New Jersey

New York

U.S. District Court for the District of New Jersey

U.S. Court of Appeals for the Third Circuit

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

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

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

Education

Seton Hall University School of Law, J.D.

Loyola University New Orleans, B.A. in English, magna cum laude

Memberships

Tanya is a Board Member of the New Jersey Women's Association, serving as a Trustee-at-Large; she is the former Co-Chief Operating Officer, 2023-2024; former Co-General Counsel, 2020-2023; and former Secretary, 2018-2020.

She is a member of the New Jersey State Bar Association and a former Pro Bono Volunteer Attorney with the Partners for Women and Justice, Inc. (2006-2012).

REPRESENTATIVE MATTERS

  • Prepared appellate briefs on the issue of whether a capacity exclusion in a D&O liability policy precluded coverage for a claim in which the director of the insured entity was acting in a “dual capacity” based upon his conduct on behalf of an insured business and an uninsured business, which was a matter of first impression under New Jersey law. Mist Pharmaceuticals, LLC v. Berkley Insurance Company, __ N.J. Super. __ , A-1286-22, 2024 N.J. Super. LEXIS 57 (N.J. Super. App. Div. July 9, 2024).

  • Briefed and argued before the New Jersey Supreme Court and the Appellate Division the issue of policy assignment by a corporate successor to the named insured after obtaining summary judgment and dismissal by the trial court. Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co., 227 N.J. 322 (2017).
  • Obtained partial summary judgment in favor of insurer dismissing $50M claim in Mississippi coverage litigation concerning liability for bodily injury and property damage claims caused by contamination from PCBs and solvents.
  • Co-chaired four-day trial before a Special Allocation Master on complex and novel issues affecting allocation of hundreds of millions of dollars of coverage for ongoing asbestos claims. Issues included proper exhaustion of quota share policies, whether defense costs are covered under certain excess policies, and whether defense costs are paid supplemental to limits. Drafted briefs to the Appellate Division on same allocation issues taken up on appeal following entry of final judgment. Continental Ins. Co. v. Honeywell International, Inc., 234 N.J. 23 (2018).
  • Second-chaired five-day trial in New Jersey Superior Court on coverage for millions of dollars of environmental damages in South Carolina.
  • Defended insurers in multiple declaratory judgment actions brought by commercial policyholders seeking millions of dollars of coverage for contamination of the Lower Passaic River. Prepared cases for trial and achieved settlement.
  • Led defense of insurers in state and federal courts in actions seeking coverage for property damage, business interruption, lost profits, and theft claims arising out of Superstorm Sandy. Cases involved application of exclusions for mold and for waterborne materials, covered causes of loss, application of anti-concurrent causation clauses, and wind versus water damage.
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