Roberto, Joanna M.

Partner

Mailing Address:

228 Park Avenue South
Suite 97572
New York, New York 10003-1502

Physical Location:

New York, New York
Hartford, Connecticut

Direct Dial/Text: (516) 329-9403
Fax: (646) 395-7182
Email: jroberto@gerberciano.com

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1997)
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Tenth Circuit

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.

Full Biography

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1997)
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Tenth Circuit
EDUCATION
  • Pace University School of Law, J.D., 1997
  • Diploma di Conoscenza, Centro Linquisto, Florence, Italy, 1997
  • Hofstra University, B.A.,1994
HONORS
  • AV Preeminent Peer-Review Rating (Martindale-Hubbell)
  • New York Metro Super Lawyers, 2013-2016 (Thomson Reuters)
  • Chairperson of the Year Award, New York State Bar Association, Torts Insurance and Compensation Law Section, 2018

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1997)
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • 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
    • 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

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1997)
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • Italian
  • French

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1997)
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • 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
  • 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

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1997)
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • 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

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1997)
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Tenth Circuit

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.

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., 1997
  • Diploma di Conoscenza, Centro Linquisto, Florence, Italy, 1997
  • Hofstra University, B.A.,1994
HONORS
  • AV Preeminent Peer-Review Rating (Martindale-Hubbell)
  • New York Metro Super Lawyers, 2013-2016 (Thomson Reuters)
  • Chairperson of the Year Award, New York State Bar Association, Torts Insurance and Compensation Law Section, 2018
  • 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
    • 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
  • Italian
  • French
  • 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
  • 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
  • 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

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.