Allyson McKinstry is a counsel in the Litigation and Insurance/Reinsurance groups at Crowell & Moring's New York office.
Allyson's litigation practice covers a broad spectrum of financial services and complex commercial matters, including securities and shareholder actions, disputes arising from financial transactions, and bankruptcy litigation. She represents and advises corporations, financial institutions, hedge funds, and private equity funds, in litigations in both state and federal court, and regularly represents clients in connection with the issuance of third-party subpoenas. She has been frequently called upon by clients to conduct internal investigations related to allegations of wrongdoing and to assist in the recovery of large losses.
Allyson also maintains an insurance/reinsurance practice, with a particular emphasis on broker liability, professional liability, and reinsurance disputes. Allyson has represented insurance brokers in litigations throughout the country involving claims of negligence, breach of contract, and fraud arising out of the placement of D&O, comprehensive general liability, and professional liability policies. She also represents both cedents and reinsurers in a variety of matters involving comprehensive general liability, excess and umbrella liability, asbestos, environmental, and property/casualty insurance. Allyson has extensive experience litigating and arbitrating issues related to allocation, number of occurrences, follow-the-settlements, and late notice.
Allyson was a law clerk to the Honorable Brian M. Cogan, U.S. District Court Judge in the Eastern District of New York. Prior to joining Crowell & Moring, Allyson was an associate at the New York office of a national law firm.
Representative Experience
- Obtained a more than $4 million judgment for a client following a trial on damages in New York state court, after successfully moving for summary judgment and establishing defendants' liability for breach of a development agreement.
- Represented an ad hoc committee of senior secured noteholders in a litigation involving the calculation of a redemption premium, which reached an extremely favorable result for the noteholders.
- Represented a reorganized debtor before the U.S. Bankruptcy Court for the Eastern District of New York and successfully argued to enjoin several creditors from pursuing pre-petition claims.
- Conducted an internal investigation on behalf of a financial institution in connection with allegations of theft and/or employee dishonesty and was successful in securing full coverage for the resulting loss despite insurer's initial denial.
- Represented a global insurance broker in a breach of contract action involving the placement of D&O coverage and a dispute over the applicability of the "insured vs. insured" exclusion.
- Represented a ceding company in a multi-million dollar arbitration against a reinsurer involving the interpretation of "event" language.
- Conducted an internal investigation on behalf of an international property and casualty insurer in connection with the recovery of a potential billion dollar loss.
Allyson graduated magna cum laude from Pace University School of Law, where she served as managing editor of the Pace Law Review. She also participated in several moot court competitions and received Best Oralist honors in the Pace Grand Moot Competition. Allyson was a co-founding member of the Pace chapter of the Student Animal Legal Defense Fund and member of the Honor Board. While in law school, Allyson served as a judicial intern to the Honorable Denise L. Cote, U.S. District Court Judge and the Honorable Lisa Margaret Smith, U.S. Magistrate Judge, both in the Southern District of New York.
Prior to practicing law, Allyson was an investigator with the New Jersey Attorney General's Office, Division of Consumer Affairs. During her five years with the Division, Allyson conducted investigations into the business practices of numerous corporations, including lending institutions and insurance companies.
Affiliations
Admitted to practice: New York, New Jersey, U.S. Court of Appeals for the Second Circuit, U.S. Court of Appeals for the Third Circuit, U.S. District Court for the Southern District of New York, U.S. District Court for the Eastern District of New York
Memberships
- Federal Bar Council
- New Jersey State Bar Association
- New York City Bar Association, Women in the Courts Task Force
Speeches & Presentations
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"Contract Enforcement and Mitigation Issues in Light of COVID-19," Crowell & Moring Webinar
(June 16, 2020).
Presenters: Gregory D. Call, Mark A. Klapow, and Allyson McKinstry.
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"Business Disruption in a Pandemic: What Commercial Office Lease Issues Do You Need to Consider?" Crowell & Moring Webinar
(April 22, 2020).
Presenters: Gregory D. Call, A. Marisa Chun, and Allyson McKinstry.
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"Business Disruption in a Pandemic: What Lease Issues Do You Need to Consider?" Crowell & Moring Webinar
(March 31, 2020).
Presenters: Gregory D. Call, Allyson McKinstry, Tracy E. Reichmuth, and Rebecca Suarez.
Publications
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"Anticipating The Pandemic's Impact On Retail Leases," Law360
(April 7, 2020).
Authors: Gregory D. Call, Rebecca Suarez, Allyson McKinstry, and Tracy E. Reichmuth.
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"You Know What Happens When You Assume ... It Might Just Result in a Waiver of The Attorney-Client Privilege," Bloomberg BNA Securities Regulation & Law Report
(October 13, 2014).
Authors: Daniel A. Ross and Allyson McKinstry.
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"Using Unfair and Deceptive Acts and Practices Statutes to Challenge Reinsurer Delays in Claims Payment," Bloomberg BNA Insurance Coverage Law Report
(October/November 2013).
Authors: Andrew S. Lewner and Allyson McKinstry.
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"Finding the Middle Ground: Acuna v. Turkish and the New Jersey Supreme Court's Reaffirmation of a Doctor's Role Under the Doctrine of Informed Consent in the Digital Age," 29 Pace L. Rev. 797
(2009).
Author: Allyson McKinstry.
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