skip to main content
Search
Menu
“I strive to support my clients’ positions with solid research and well-articulated arguments that are designed to be effective not only in court, but also in pre-suit negotiations and the early stages of litigation.”

Marilyn B. Fagelson, a Murtha Cullina partner, is a seasoned trial and appellate lawyer, handling complex commercial litigation. Since joining Murtha Cullina in 1997, she has successfully prevailed in trial and on appeal. 

Marilyn’s work has concerned an array of complex commercial disputes, including antitrust and unfair trade practice claims, breach of contract and various business tort cases. She has represented clients in arbitration, administrative proceedings, and in state and federal courts. In addition to trying cases to verdict and arguing appeals, she has resolved matters through mediation and informal settlement negotiations.

Many of those cases involved insurance coverage issues, concerning coverage under commercial general liability, directors and officers, errors and omissions, title, crime and other types of policies. Quite a few of her cases have attracted national attention, not only for the groundbreaking precedent they set in Connecticut, but also for the strength of arguments made on behalf of her clients that have been adopted by the courts. 

Marilyn is a regular speaker on insurance topics at seminars and meetings hosted by bar associations and professional organizations. She also provides training to clients, colleagues and professional organizations on the fundamentals of state and federal antitrust laws, electronic discovery and other subjects.

  • Connecticut Conference of Municipalities (2024) – As Amicus Curiae, persuaded the Connecticut Supreme Court that a hospital, owned by a large healthcare network, is not exempt from municipal tax assessment on the personal property, in this case medical equipment used for out-patient physical therapy and sports medicine.  In so holding, the Supreme Court relied upon and quoted the arguments made in our brief. The William Backus Hospital v. Town of Stonington, 2024 Conn. LEXIS 167 (July 12, 2024). 

  • Rohr, Inc. (2020) – Prevailed on interlocutory appeal to the Connecticut Appellate Court in this case concerning insurance coverage for environmental claims under California law.  The Appellate Court reversed the trial court, adopting our construction of the per occurrence limits of multi-year primary policies. 201 Conn. App. 636 (2020).  

  • R.T. Vanderbilt Co., Inc. (2019) – Won interlocutory appeal to Connecticut Supreme Court, which affirmed precedent-setting rulings concerning allocation of defense and indemnity for asbestos-related personal injury claims.  After wins in two phases of trial, in 2017 the Appellate Court affirmed and expanded the trial court’s favorable rulings. In 2019 the Connecticut Supreme Court affirmed, adopting more than half of the Appellate Court’s “well-reasoned” decision. 333 Conn. 343 (2019), affirming 171 Conn. App. 61 ( 2017). 

  • Briner (2019) – Successfully represented a member of a Limited Liability Company before the Connecticut Supreme Court, which overturned judgment in derivative suit.  334 Conn. 135 (2019).

  • The Hartford Roman Catholic Diocesan Corp. (2018) – Won appeal before the United States Court of Appeals for the Second Circuit, affirming 2016 trial victory concerning coverage for sexual misconduct claims.  905 F.3d 84 (2d Cir. 2018).

  • Connecticut Bar Association (2015) – The Connecticut Supreme Court adopted arguments propounded on behalf of the Connecticut Bar Association, Amicus Curiae, holding that a surviving spouse’s elective “Statutory Share” under General Statutes § 45a-436 should be calculated based upon the value of the estate at the time of distribution. Dinan v. Patten, 317 Conn. 185 (2015).

  • Maher & Williams (2010) – Prevailed on summary judgment with regard to malpractice coverage. 2010 WL 3546234 (D. Conn. 2010).

  • Stanley Works (2005) – Won a jury verdict in case involving coverage for post-judgment interest. The case settled on favorable terms before post-verdict motions, including "offer of judgment" interest, were determined. Conn. Super. (2005).

  • Speaker, "Getting to Yes - Negotiating Settlement of Coverage for Long-Tail Claims," American College of Coverage Counsel Annual Meeting (May 11, 2023)

  • Speaker & Moderator, "Can You Climb the Excess Tower and Enjoy the View From Up There?," American College of Coverage Counsel Annual Meeting (September 23, 2021)

  • Moderator, "Contra Proferentem:  A Vanishing Doctrine?," American Bar Association Insurance Coverage Litigation Committee Annual Meeting (March 6, 2020)

  • Speaker & Moderator, "The Allocation Game:  A Practical Look At Who Wins Under All Sums, Pro Rata And The New ALI Restatement," American Bar Association Insurance Coverage Litigation Committee Annual Meeting (March 1, 2019)

  • Moderator, "The Revolution Is Now - Big Data in Claims and Underwriting," American Bar Association Insurance Coverage Litigation Committee Annual Meeting (March 2, 2018)

  • Speaker, "What You Don't Know CAN Hurt You: Identifying the Minefields in Professional Liability Claims," American Bar Association Insurance Coverage Litigation Committee, Women in Insurance Networking CLE Meeting (October 2016)

  • Moderator, "Let's Get Rid Of Discovery!," American Bar Association Insurance Coverage Litigation Committee Annual Meeting, (March 4, 2016)

  • Speaker, "Getting to Less:  A Symposium On Strategies For Reducing Discovery In Insurance Coverage Cases," Connecticut Bar Association Insurance Law Section and University of Connecticut Law School Insurance Law Center (February 26, 2016) 

  • Moderator, "Symposium on Claims Handling: Rights, Wrongs and Remedies," Connecticut Bar Association and University of Connecticut Law School Insurance Law Center (February 2015)

  • Speaker, "Insurance Coverage 101 – Commercial General Liability Policies," Connecticut Bar Association and University of Connecticut Law School Insurance Law Center (January 2014)

  • Moderator, "Storm Law:  Snow, Hurricanes, Earthquakes, What’s Next?," Insurance and Other Resources Explored, Connecticut Bar Association (January 2012)

  • Speaker, "Business Interruption Insurance – Causation," Connecticut Bar Association (January 2010)

  • American Bar Association, Litigation Section, Insurance Coverage Litigation Committee

  • American College of Coverage Counsel, Fellow

  • Connecticut Bar Association,

    • Insurance Law Section Executive Committee, Chair (2016-2018), Vice Chair and Treasurer 

    • Federal Practice Section Executive Committee

  • Lawyers for Children America, Board of Directors

  • New Haven County Bar Association

  • New Haven Inn of Court, Treasurer

Areas of Focus

Services

pdf

Credentials

Education

  • Hofstra University (J.D.)
  • Wesleyan University (B.A.)

Bar & Court Admissions

  • New York
  • Connecticut
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, District of Connecticut