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Valuing Shore-Side Damage After an Allision: Key Principles for Owners, Charterers, and Underwriters
Q1 2026 - Seaworthy
Michael Harowski maintains an integrated practice in the fields of maritime law, environmental law, marine and pollution casualty response, insurance coverage and insurance defense. His cases involve marine casualties, collision, pollution, fire, personal injury, complex maritime products liability, oil spill response, maritime and environmental regulation, cargo claims, insurance coverage and defense, charter parties, commercial litigation, contract disputes and a wide range of transactional matters. While based in New Orleans, Mike handles cases in numerous jurisdictions around the country, in both litigation and arbitration.
A member of the firm’s Emergency Response Team, Mike is on-scene within hours of an emerging crisis as part of a “go team” comprising attorneys and support personnel best equipped to handle major vessel casualties and oil spills. The team gathers information and witness insights that can help clients manage investigatory demands and fortify potential future litigation defenses. Mike contributes valuable insights and leverages his extensive exposure to federal and international regulatory investigations and pollution liability laws.
Mike also is a member of the firm’s Insurance and London Market groups, focused on providing consistent, quality services nationwide to the firm’s many insurance clients. In this capacity, he has handled a variety of insurance coverage and defense matters for the London Market and domestic insurers. In addition, Mike has represented insurers in all manner of suits brought under the Louisiana Direct Action Statute.
Mike serves as an Adjunct Professor at Tulane University Law School, where he teaches a course on the Maritime Law of Collision and Limitation of Liability. He also teaches a course covering the basics of Protection & Indemnity Insurance at Tulane’s Summer Abroad Program in Greece, held in conjunction with the Aegean Institute of the Law of the Sea.
Michael Harowski maintains an integrated practice in the fields of maritime law, environmental law, marine and pollution casualty response, insurance coverage and insurance defense. His cases involve marine casualties, collision, pollution, fire, personal injury, complex maritime products liability, oil spill response, maritime and environmental regulation, cargo claims, insurance coverage and defense, charter parties, commercial litigation, contract disputes and a wide range of transactional matters. While based in New Orleans, Mike handles cases in numerous jurisdictions around the country, in both litigation and arbitration.
A member of the firm’s Emergency Response Team, Mike is on-scene within hours of an emerging crisis as part of a “go team” comprising attorneys and support personnel best equipped to handle major vessel casualties and oil spills. The team gathers information and witness insights that can help clients manage investigatory demands and fortify potential future litigation defenses. Mike contributes valuable insights and leverages his extensive exposure to federal and international regulatory investigations and pollution liability laws.
Mike also is a member of the firm’s Insurance and London Market groups, focused on providing consistent, quality services nationwide to the firm’s many insurance clients. In this capacity, he has handled a variety of insurance coverage and defense matters for the London Market and domestic insurers. In addition, Mike has represented insurers in all manner of suits brought under the Louisiana Direct Action Statute.
Mike serves as an Adjunct Professor at Tulane University Law School, where he teaches a course on the Maritime Law of Collision and Limitation of Liability. He also teaches a course covering the basics of Protection & Indemnity Insurance at Tulane’s Summer Abroad Program in Greece, held in conjunction with the Aegean Institute of the Law of the Sea.
Michael O’Malley (Partner-Chicago), Michael Harowski (Partner-New Orleans) and Dominik Cvitanovic (Associate-New Orleans) obtained summary judgment in favor of Certain Underwriters at Lloyd’s, London (Underwriters) in connection with an insurance coverage dispute in Louisiana state court for lost business income arising from the COVID-19 pandemic. The judge rejected the reasoning of a recent appellate decision that found in favor of coverage and instead found coverage had not been triggered because the insured was unable to demonstrate that it sustained direct loss of or damage to property. Louisiana is only one of three states in the nation with appellate law finding losses arising from COVID-19 could trigger business income coverage under a commercial property policy. During the summary judgment briefing, a Louisiana appellate panel issued a decision in a case that involved an identical claim against Underwriters for COVID-19, finding the same policy language involving “loss of or damage to property” was ambiguous and construed the ambiguity in favor of coverage. After a lengthy oral argument, the court ruled from the bench, rejected the reasoning of the other appellate court and found that such COVID-19 losses did not constitute “loss of or damage to property.”
The decision is significant because it lays the foundation for a circuit split within Louisiana, and because attorneys, policyholders, insurers and judges nationwide have been following each of these cases closely as the total business income losses arising from COVID-19 is estimated to be in the trillions of dollars globally.
Michael J. O'Malley, Michael Harowski and Dominik Cvitanovic