Matthew Kraus

Partner

P
212.785.0757
F
212.968.2400
One Battery Park Plaza
Suite 710
New York
,
NY
10004

PRACTICE AREAS

Insurance Coverage Analysis and Litigation

First-Party Property Claims Defense

Commercial Litigation

Subrogation

Property Insurance

Professional Liability

Admissions

New York

United States District Court for the Northern District of New York

United States District Court for the Eastern District of New York

United States District Court for the Southern District of New York

United States District Court for the Western District of New York

Education

Benjamin N. Cardozo School of Law

(J.D., 2002)

University of New York, Albany

(B.A., cum laude, 1999)

Matthew Kraus is a highly skilled attorney with extensive experience in insurance coverage analysis, litigation, appellate work, subrogation, and estate planning. Matt represents and advises domestic and international insurance companies, corporations, insureds, and individuals in a range of legal matters, including insurance coverage actions, first-party property litigation, and employment cases involving discrimination claims. His clients benefit from his in-depth knowledge of litigation strategies, as well as his dedication to providing thorough, effective representation.

In a major victory, Matt and his team successfully defended Certain Underwriters at Lloyd’s, London and Great Lakes Reinsurance in a property damage and business interruption lawsuit brought by Menlo Energy Florida, LLC. The Appellate Division of the Supreme Court of New York upheld a summary judgment in favor of Underwriters, confirming that New York’s common law “no prejudice rule” applies to late notice defenses in first-party property claims. This decision, which reinforced that insurers do not need to establish prejudice in property claims unrelated to death or bodily injury, has significant implications for the insurance industry in New York.

In addition to his courtroom successes, Matt has authored numerous articles on insurance law, including “New York Court of Appeals Allows Consequential Claims to Proceed,” published in the Insurance Coverage Litigation Reporter. Before joining Chartwell, Matt was a partner at a prominent New York litigation firm. During law school, he gained valuable experience as an intern at the Office of United States Senator Charles Schumer. Recognized by the American Society of Legal Advocatesone of the “Top 40 Under 40” in Insurance Coverage in the New York Area (2014), Matt is highly regarded in his field.

Achievements

Selected to New York Rising Stars® 2016

The American Society of Legal Advocates, “Top 40 Under 40” in Insurance Coverage in the New York Area (2014)

Articles

"New York Court of Appeals Allows Consequential Claims to Proceed," Insurance Coverage Litigation Reporter, April 18, 2008

Reported cases

Lola Roberts Beauty Salon, Inc. v Leading Ins. Group Ins. Co., Ltd., 160 AD3d 824 [2d Dept 2018]

Axis Constr. Corp. v Travelers Indem. Co. of Am. & State Natl. Ins. Co., 2021 US Dist LEXIS 166083 [EDNY Sep. 1, 2021, No. 2:20-cv-1125 (DRH) (ARL)]

Menlo Energy Florida, LLC v Certain Underwriters at Lloyds London, 213 AD3d 494 [1st Dept 2023]

KB Ins. Co. v Buffalo Imaging, Inc., 2017 US Dist LEXIS 148501 [EDNY Sep. 12, 2017, No. 16-CV-2675 (FB) (SMG)]

Certain Underwriters at Lloyd's v Allied Pros. Ins. Co., 2023 US Dist LEXIS 118999 [WDNY July 11, 2023, No. 22-CV-14 (WMS)(HKS)]

Matthew Kraus is a highly skilled attorney with extensive experience in insurance coverage analysis, litigation, appellate work, subrogation, and estate planning. Matt represents and advises domestic and international insurance companies, corporations, insureds, and individuals in a range of legal matters, including insurance coverage actions, first-party property litigation, and employment cases involving discrimination claims. His clients benefit from his in-depth knowledge of litigation strategies, as well as his dedication to providing thorough, effective representation.

In a major victory, Matt and his team successfully defended Certain Underwriters at Lloyd’s, London and Great Lakes Reinsurance in a property damage and business interruption lawsuit brought by Menlo Energy Florida, LLC. The Appellate Division of the Supreme Court of New York upheld a summary judgment in favor of Underwriters, confirming that New York’s common law “no prejudice rule” applies to late notice defenses in first-party property claims. This decision, which reinforced that insurers do not need to establish prejudice in property claims unrelated to death or bodily injury, has significant implications for the insurance industry in New York.

In addition to his courtroom successes, Matt has authored numerous articles on insurance law, including “New York Court of Appeals Allows Consequential Claims to Proceed,” published in the Insurance Coverage Litigation Reporter. Before joining Chartwell, Matt was a partner at a prominent New York litigation firm. During law school, he gained valuable experience as an intern at the Office of United States Senator Charles Schumer. Recognized by the American Society of Legal Advocatesone of the “Top 40 Under 40” in Insurance Coverage in the New York Area (2014), Matt is highly regarded in his field.

Achievements

Selected to New York Rising Stars® 2016

The American Society of Legal Advocates, “Top 40 Under 40” in Insurance Coverage in the New York Area (2014)

Articles

"New York Court of Appeals Allows Consequential Claims to Proceed," Insurance Coverage Litigation Reporter, April 18, 2008

Reported cases

Lola Roberts Beauty Salon, Inc. v Leading Ins. Group Ins. Co., Ltd., 160 AD3d 824 [2d Dept 2018]

Axis Constr. Corp. v Travelers Indem. Co. of Am. & State Natl. Ins. Co., 2021 US Dist LEXIS 166083 [EDNY Sep. 1, 2021, No. 2:20-cv-1125 (DRH) (ARL)]

Menlo Energy Florida, LLC v Certain Underwriters at Lloyds London, 213 AD3d 494 [1st Dept 2023]

KB Ins. Co. v Buffalo Imaging, Inc., 2017 US Dist LEXIS 148501 [EDNY Sep. 12, 2017, No. 16-CV-2675 (FB) (SMG)]

Certain Underwriters at Lloyd's v Allied Pros. Ins. Co., 2023 US Dist LEXIS 118999 [WDNY July 11, 2023, No. 22-CV-14 (WMS)(HKS)]

ATTORNEY'S Resources

Results
Matthew Kraus and Andrew Furman prevail in Supreme Court of New York, Appellate Division, First Department
Matthew Kraus and Andrew Furman prevail in Supreme Court of New York, Appellate Division, First Department
Matthew Kraus and Andrew Furman prevail in Supreme Court of New York, Appellate Division, First Department
February 16, 2023
February 16, 2023
Articles & Blogs
Business Interruption Insurance Coverage Challenges Triggered by COVID-19
Business Interruption Insurance Coverage Challenges Triggered by COVID-19
Business Interruption Insurance Coverage Challenges Triggered by COVID-19
November 17, 2021
March 18, 2020