David B. Hamm

Of Counsel

New York
Phone: 212-471-8542
Fax: 212-344-3333

David B. Hamm

David Hamm has extensive experience in Appellate Law and Insurance Coverage. During his tenure with Herzfeld + Rubin (after a two-year clerkship at the New York State Court of Appeals), David has worked on more than 450 appeals in every appellate court in the state of New York. He has many times been requested by clients to write Amicus Curiae briefs for the United States Supreme Court, the New York Court of Appeals and other appellate courts. Together with other members of Herzfeld + Rubin’s appellate team, David has often spearheaded the presentation of cutting-edge legal analysis resulting in appellate rulings not only favorable to our clients in the cases at bar, but which created precedent favorable to our clients on a broader basis. His innovative approach to appellate practice resulted in such Court of Appeals decisions as in Sung-Hwan Co. Ltd. v. Rite Aid Corp., 7  N.Y.3d 78 (2006), in which the Court reversed an Appellate Division and found a jurisdictional basis to permit enforcement of a Korean Court’s Judgment in New York, and Frank v. Meadowlakes Dev. Corp., 6 N.Y.3d 687 (2006), in which the Court overturned two intermediate appellate court determinations in interpreting Article 16 of New York’s Civil Practice Law and Rules in a manner most favorable to our client.

David’s legal acumen is put to broader use than preparation and review of appellate briefs alone. His advice and legal analysis is much sought-after by colleagues and clients. He has often advised clients not to pursue an appeal, or to resolve an action on appeal, where his analysis suggested that to be in the client’s best interest. He interacts directly with the firm’s litigation attorneys on matters involving legal analysis and research to assure the best possible result in the trial court or, if a favorable result cannot be obtained there, to preserve critical issues for appellate review.

In his insurance coverage practice, David has, over the years, been entrusted by clients with the defense of hundreds of millions of dollars in claims under liability policies, including policies alleged to cover mass tort claims such as those arising from asbestos, breast implants, heart valves, and lead. His pace-setting arguments have led to such ground-breaking decisions as Jefferson Ins. Co. v. Travelers Indem. Co., 92 N.Y.2d 553; North Star Reinsurance Corp. v. Continental Ins. Co., 82 N.Y.2d 281; In re Consolidated Mut. Ins. Co., 60 N.Y.2d 1; and Lac D’Amiante du Quebec, Ltee (ASARCO) v. Superintendent of Ins. (In re Midland Ins. Co.), 269 A.D.2d 50. His expertise in insurance matters encompasses such related areas as insurance liquidation, insurance security funds, interpretation of workers’ compensation laws, application of New York’s “no-fault” statute’s “serious injury” criterion, subrogation and “antisubrogation,” additional insured controversies and insurance ramifications of contractual indemnification provisions.


  • Outside Counsel, “CPLR 3101(d): Myth of the ’Missing’ Time Limit,” New York Law Journal, p. 5, 11/29/07
  • Outside Counsel, “Why Veto Bill to Amend CPLR 3001, Add-Ins. Law 3451?,” New York Law Journal, p. 5, 11/16/07
  • Practice Insights, LEXIS-New York CLS (2004-2014):
    • CPLR 214-c CPLR 3216 CPLR 5513
    • CPLR 1003 CPLR 4110-b CPLR 5515
    • CPLR 2103 CPLR 5501 CPLR 5519
    • CPLR 2221 CPLR 5511 CPLR 5701
  • “Real Estate Update: After ’Inchaustegui’”, New York Law Journal, 8/29/01
  • “Insurance Law: Nuances Bedevil Antisubrogation”, New York Law Journal, 1/12/98
  • “Insurance Law: Cases Show Limited Value of Precedent”, New York Law Journal, p. 58, 11/1/93
  • “A Referee’s Rejection of Keene: Is it a ’Blip’ on the Screen, or Has the Counter-Revolution Begun?,” TIPS Newsletter, Products, General Liability and Consumer Law Section, ABA, Spring, 1993
  • “New York’s Tort Law: Whither the Wachtler Court?”, New York Law Journal, p. 1, 9/19/89
  • “Discovery in Defense of Product Liability Actions”, Practicing Law Institute, 1986
  • “Discovery in Product Liability Actions — A Defendant’s Perspective”, Practicing Law Institute, 1985

Affiliations + Recognition

  • Highest rating from Martindale-Hubbell (AV Rating) 
  • Member, New York State Bar Association’s Committee on the Civil Practice Law and Rules

Speaking Engagements

  • Herzfeld & Rubin, P.C., Update on Appellate Practice 2013, 7/9/13
  • Herzfeld & Rubin, P.C., Appellate Practice: An Introduction, 7/22/08
  • Defense Association of New York, New York State Appellate Practice: What Every Trial Attorney Should Know, 4/3/08
  • Herzfeld & Rubin, P.C., New York State Appellate Practice for Civil Litigators, 6/22/04
  • Herzfeld & Rubin, P.C. (at New York City Housing Auth.), Update on New York State Appellate Practice for Litigators, 1/7/04
  • NY App Div, 1st & 2nd Dept. Clerks, Insurance Law §5102(d), 6/20/03
  • Herzfeld & Rubin, P.C., New York State Appellate Practice for Litigators, 10/23/02
  • New York State Judicial Conference, Products Liability, July 11 & 17, 2001
  • New York State Trial Lawyers Institute; Update 2000, Insurance Law, 9/15/00
  • Herzfeld & Rubin, P.C., Third Party Actions in Labor Law Personal Injury Cases, 6/7/00
  • Brooklyn Bar Association, Labor Law: Construction Accident Cases &Third-Party Practice in Labor Law Actions, 11/9/99
  • Herzfeld & Rubin, P.C., Insurance Coverage Issues, 6/9/99
  • Office of Court Administration, 1998 Legal Update for Court Attorneys, Third-Party Actions in Labor Law Contexts, 11/17/98
  • College of Insurance, Sponsored by New York City Housing Authority, Current Issues in Appellate Matters, 10/02/98
  • New York State Bar Association, Insurance Coverage Issues With a Focus on Personal Lines, 9/6/98
  • College of Insurance, Sponsored by New York City Housing Authority, Current Issues in Lack-of-Security Cases, 8/28/98


  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • State of New York


  • New York Law School, J.D., magna cum laude
  • Brooklyn College of the City University of New York, B.A., cum laude