Andrew Hamelsky is well versed in advising clients on a wide array of matters involving healthcare, life and disability. Leveraging his unique and extensive history of representing diverse clientele, Andy has built a reputation as a lawyer who clients can rely on for his aggressive yet well-balanced approach to all manner of legal challenges. With a thorough understanding of the law and a strategic mindset, he is relentless in pursuing the best outcomes for his clients.
In addition to his legal practice, Andy is partner-in-charge of the firm’s Newark office. He is a former co-chair of the firm’s insurance and reinsurance practice.
Whether navigating complex insurance disputes or advocating for clients in high-stakes litigation, Andy’s dedication, know-how and compassion are his hallmarks. His depth of knowledge extends to advising healthcare insurers on Employee Retirement Income Security Act (ERISA) and non-ERISA issues, Medicaid and Medicare Advantage matters, and value-based care programs. He also handles matters involving tiered and narrowed health plans, provider agreements, network agreements and out-of-network coverage disputes.
Andy also brings a wealth of experience to the complex world of life and disability insurance. He has developed a deep understanding and created case law in areas including first manifest, accident versus sickness claims and total disability or residual disability claims.
Andy’s practice is steeped in the intricacies of complex commercial litigation. He leverages his unique background to represent a diverse clientele — insurance companies, banks, hotels, biotech companies and closely held companies — in a wide array of disputes. He has handled all aspects of insurance coverage, trade secrets, shareholder disputes, corporate defamation, Lanham Act violation, tortious interference with contract claims, and defense of personal and property damage claims.
Andy is also known as a fierce litigator who routinely handles antitrust actions, as well as civil Racketeer Influenced and Corrupt Organizations (RICO) Act, fraud and complex litigation claims
Featured Representative Matters
Secured a significant win for TD Bank before the New Jersey Superior Court, Appellate Division, in which the court affirmed the trial court’s grant of summary judgment in the client’s favor, agreeing that New Jersey does not permit plaintiffs to use negligence as a lower-standard substitute for malicious prosecution.
Secured summary judgment on behalf of a bank in the U.S. Court of Appeals for the Second Circuit in a complex case involving a multimillion-dollar burglary affecting a safe deposit box.
Successfully represented Horizon Blue Cross Blue Shield of New Jersey in a historic appellate decision defending the reorganization of its corporate structure to a mutual insurance holding company.
In a matter that grabbed media attention, achieved a dismissal for a financial institution where there was a burglary involving a safe deposit box and the theft of millions of dollars.
Achieved a dismissal for ExamWorks LLC in a motion to dismiss granted by the Superior Court of New Jersey in which the judge found that the plaintiff could not provide proof of the allegations to support a civil RICO and conspiracy claim and thus dismissed the complaint with prejudice.
Obtained a dismissal of claims brought by the Association of New Jersey Chiropractors alleging that a health coverage plan creates unfair business advantage against them (Association of New Jersey Chiropractors v. Horizon Blue Cross Blue Shield, SOM- L-1211-16) (affirmed upon appeal).
In a case of first impression in New Jersey, dismissed a claim brought against a client for negligent misidentification (Morris v. TD Bank, UNN-L-796-15).
Obtained a complete dismissal in an action seeking a return of over $800,000 due to allegations of fraudulent conveyances and actual fraud. The court completely exonerated the clients and dismissed the action without leave to re-plead (Geo-Group Communications v. Chand, 1:15-cv-01756 (S.D.N.Y July 27, 2016)).
Obtained one of the largest FINRA arbitration recoveries of $12 million on behalf of a wrongfully terminated employee.
Obtained a published opinion from the New Jersey Appellate Division granting a protective order in a matter wherein several hospitals were seeking intrusive discovery concerning the creation and implementation of a health plan (Capital Health System v. Horizon Healthcare Services, NJ App. Div. A-2913-15 (June 23, 2016)).
Handled complex premises liability matters, including labor law matters and wrongful detention matters, on behalf of numerous corporations.
Defended a small corporation in an AAA arbitration concerning the termination of that company’s chairman of the board of directors.
Arbitrated a matter concerning construction issues regarding quality of workmanship for a national hotel chain.
Achieved summary judgment on behalf of an animal healthcare pharmaceutical company concerning a breach of contract matter (Phibro Animal Health U.S. v. Cornerstone AG Products, 2006 WL 3733022 (DNJ 2006)).
Established principle in New York law that in order to be totally disabled pursuant to an individual disability policy, the insured must be unable to perform all of the important duties of the “occupation” (Simon v. Unum Group, 2009 WL 857635 (SDNY 2009); Hershman v. UnumProvident, 660 F. Supp. 2d 527 (SDNY 2009)).
Represented an insurance company in defending a disability action wherein the insured did not have an “occupation” under the policy (Scherer v. The Equitable Life Assurance Society of the United States, 2006 WL 1520212 (SDNY 2006)).
Achieved summary judgment on behalf of an insurer in determining the applicable statute of limitations pursuant to a disability contract (Hodge v. Unum Group, 2010 WL 1286257 (EDNY 2010)).
Represented insurance companies in interpleader actions ranging from beneficiary disputes, slayer statutes and exhaustion of policy limits (New York Life Insurance v. Aleandre, 2014 WL 30508 (SDNY 2014)).
Community Impact
Andy is not just a dedicated lawyer, but deeply involved in his community. Whether he’s providing pro bono representation to the Marlboro Township Ethics Board, advocating pro bono for the rights of a child with Down syndrome, or coaching a travel soccer team, Andy always leans in with the same dedication and passion he brings to his legal practice. His community involvement reflects his commitment to making a positive impact on the lives of those around him, demonstrating that his care for others extends far beyond the courtroom.
Memberships
Member, Litigation Section, American Bar Association
Member, Defense Research Institute
Recognitions
The Best Lawyers in America (Commercial Litigation) (2022-26)
Martindale Hubbell, AV Rated
Publications
ERISA Survey of Federal Circuits, (2022 and 2024 Editions), Published by the ABA.
