Joanna M. Roberto
Biography
Joanna concentrates her practice in complex insurance coverage, product liability, and commercial litigation. She serves as counsel for multi-national insurance carriers in numerous matters pending throughout the country. Joanna has litigated all phases of declaratory judgment actions and arbitrations. She has counseled large insurers on risk management, underwriting procedures, and policy rewriting and claims practices.
She also focuses her practice on professional liability claims, including errors and omissions; property claims; life, health, and disability; construction liability coverage; Coverage B litigation; and products liability. She recently chaired the Annual Meeting for the Torts Insurance and Compensation Law (TICL) Section of the New York State Bar Association.
Joanna is currently the editor of the TICL Insurance Coverage eNews, published by the New York State Bar Association’s Torts, Insurance, and Compensation Law Section. She is also a commentator for Mealey’s Litigation Report: Insurance Bad Faith.
Joanna is multi-lingual and has attained a degree in linguistics in Florence, Italy. She has a familiarity with and appreciation for international claims handling practices as a result of her experience handling claims arising in Mexico, Italy, the United Kingdom, Spain and France.
Education
Pace University School of Law, J.D.
Diploma di Conoscenza, Centro Linquisto, Florence, Italy
Hofstra University, B.A.
Honors
AV Preeminent Peer-Review Rating (Martindale-Hubbell)
New York Metro Super Lawyers, 2013-2016, 2020-2025 (Thomson Reuters)
Top Women Attorneys in the New York Metro Area, 2013-2016, 2020-2024
Chairperson of the Year Award, New York State Bar Association, Torts Insurance and Compensation Law Section, 2018
In a ‘Shocking’ Decision the Court of Appeals Finds Question of Fact when Plaintiff Is Propelled Off a Ladder
In Cutaia v, The Board of Mgres of the 160/170 Varick St., plaintiff was working on a
The Court of Appeals Broadens What Can Be Considered ‘Routine’ Work
In Healy v. EST Downtown, LLC, the Court of Appeals reversed the Appellate Division,
The Court of Appeals Concludes the Plaintiff Does Not Get a Second Bite at The Apple
In Bonczar v. American Multi-Cinema, Inc, plaintiff fell from a ladder while retrofitting a fire-alarm
Claim Notes Are Discoverable in Dispute Over Additional Insured Coverage
In a discovery dispute between two insurers, the Eastern District ruled that a party seeking additional insured coverage may, in fact, seek disclosure of claim notes if the notes “likely” include discussion as to why coverage was denied, why the contract does not provide for coverage and why the...
Languages
Italian
French
Professional Leadership
New York State Bar Association
Member, Executive Committee Torts, Insurance, and Compensation Law Section:
Chair, Insurance Coverage Committee, Torts, Insurance, and Compensation Law Section
Editor, TICL Insurance eNews
Statewide Chair, Law School for the Claims Professional
Member, Insurance and Reinsurance Legacy Association (IRLA)
Defense Research Association
Chair, Insurance Law Committee, 2024-2026
Vice Chair, Insurance Law Committee, 2024
Member, Steering Committee, Insurance Law Committee
Chair, Directors and Officers Sub-committee, Insurance Law Committee
Chair, Expert Witness Database
Presenter, multiple seminars
Author, multiple publications
NYC Chapter, National Association of Insurance Women
Board of Directors, New York Claims Association
Coalition of Women’s Initiatives in Law, New York Chapter
President, 2022-2023
Treasurer, 2021-2022
Coalition of Women's Initiatives in Law
National Board, 2022-2023
Representative Matters
Paramount Aviation v. Agusta, 288 F.3d 67 (3rd Circuit, 2002)
After multiple motions in District Court, the 3rd Circuit addressed whether economic loss alone is ever recoverable under the strict liability law of New Jersey and, if so, when the causal nexus between the defect and alleged losses is too attenuated to permit recovery in strict liability.
Zimmerman v. Peerless, 85 AD3d 1021 (2nd Dept. 2011)
Dismissal of action and finding of no duty to defend or indemnify insured where notice was provided six months after occurrence. The court rejected any reasonable belief of non-liability as an excuse to the late notice because the insured offered money to pay the claimant.
Esposito v. Ocean Harbor Ins. Co., 2013 U.S. Dist. LEXIS 179262 (EDNY Dec. 19, 2013)
One of the first matters where the court granted summary judgment to insurer to dismiss the bad faith and extra contractual claims in a Superstorm Sandy matter.
Western Heritage Ins. Co. v. Jacob Development, 2014 WL 297792 (E.D.N.Y., 2014)
Matter was dismissed because there was no obligation for the insurer to defend or indemnify insured because ultimately policy exclusions applied to bar coverage.
Kung v. Scottsdale Ins Co., 130 A.D.3d 878 (2nd Dept. 2015)
Dismissal of a direct action where the claims were based on contractual claims that amounted to improperly performed work by the insured.
Presentations
DRI Sexual Torts Seminar, Strategies for Evaluation of Damages, Mediation & Settlement, March 2023
CLM Focus, The Extra-Contractual Year In Review, New York, NY, December 2022
Additional Insured Endorsements and Their Thorny Issues, Insurance Coverage and Practice Symposium, December 5, 2019
Statewide Chairperson, “Premises Liability Issues and Considerations,” New York State Bar Association, New York March 2018
Statewide Chairperson, “Law School for Insurance Professionals,” New York State Bar Association, New York, September 2017
Chair, “Northeast Regional Claims Conference,” Defense Research Institute, Hartford, CT, November 2017
Chair, “Annual Fall Meeting” New York State Bar Association, Nashville, TN, November 2017
Statewide Chairperson, “Labor Law Claims, Coverage and Litigation,” New York State Bar Association, New York, December 2016
Presenter, “Deep Dive into Defending,” Insurance Coverage and Practice Symposium, Defense Research Institute, New York, NY, December 9, 2016
Statewide Chairperson, “Handing and Taking Depositions,” New York State Bar Association, New York, October 2016
Presenter, “Insurance Coverage Update 2016,” New York State Bar Association, June 3, 2016
Statewide Chairperson, “Insurance Coverage Update 2015: Coverage Disputes and Litigation, “ New York State Bar Association, New York, May 2015
Statewide Chairperson, Insurance Coverage Update, New York State Bar Association, New York, New York, May 2011
Publications
Commentator, "Top Property Insurance Decisions So Far In 2025," Law360, August 1, 2025
Quoted by Kobe University, D1008553.pdf, March 25, 2025
Quoted by University of Gothenburg, School of Business, Economics and Law, Master Thesis - Ezabella Kwok & Sarah Pramle, 25/03/2023
Author, “NY Insurance Ruling Reveals Limits Of Contra Proferentem,” Law360, August 5, 2022
Commentator, “Property Insurance Cases Of Note From The 1st Half of 2022,” Law360, August 5, 2022
Interviewed in, “Coalition of Women’s Initiative In Law,” Newsletter, Winter 2022
Commentator, “2nd Cir. Delivers Another Virus Coverage Win For Insurers,” Law360, January 4, 2022
Commentator, “NY Gun Law May Create Opiodlike Litigation For Insurers,” Law360, July 16, 2021
Author, “Til Death Do Us Part:” Coverage and Contractual Obligations, Defense Research Institute, For The Defense, December 2020
Author, “In Front and Behind the Scenes with Fronting Insurance Programs,” In-House Defense Quarterly, Fall 2020
Quoted by La Voce Degli Indipendenti, La voce degli indipendenti, I programmi assicurativi per la protezione dei Directors & Officers in ambito internazionale published 26/09/2019
Quoted by La Voce Degli Indipendenti, La voce degli indipendenti, Disciplina della copertura assicurativa delle spese legali nelle polizze D&O: inquadramento e problematiche published 26/3/2019
Quoted by University of Buckingham, School of Law, 1301644 PROTECTIONISM AND LIBERALISATION IN THE NIGERIAN INSURANCE SECTOR.pdf, March 2019
Author, “Estoppel: The Reason Why Coverage Ends or, Really, Begins,” Defense Research Institute, Covered Events, December 23, 2016
Author, “What You Need to Know: The Rise of Global Insurance Policies,” Defense Research Institute, For the Defense, May 2016
Commentator, “Insurance Companies Not Forced to Defend Malicious Defamation Claims,” The Insurance & Reinsurance Report, March 25, 2015
Author, “NY Insurers May Benefit From Lower Disclaimer Standard,” Law360 July 17, 2014
Author, “Advertising Offenses,” Defense Research Institute, Coverage B: Personal and Advertising Injury Compendium, May 2014
Author, “Professional Liability Insurance: A Compendium of State Law,” Defense Research Institute, December 20, 2012