Andrew S. Kent

Counsel New York, NY Roseland, NJ

Phone (973) 530-2054NY Phone (212) 973-0572akent@csglaw.com

Andrew Kent, counsel in the firm’s Fidelity and Surety Group, practices primarily in the areas of commercial and contract law, surety and fidelity law, commercial litigation and public contract bid disputes.

Andrew regularly authors and assists on articles related to the topics of fidelity and surety law, and is a presenter and speaker at conferences in those fields. His contributions are acknowledged in the following:

“Definition of Employee” (Armen Shahinian and Andrew S. Kent), ANNOTATED COMMERCIAL CRIME POLICY 3d ed. (ABA 2015), Toni Scott Reed and Carleton R. Burch, eds.
“Financial Institution Bond Insuring Agreement (D)-Forgery or Alteration” (Adam P. Friedman and Andrew S. Kent), Vol. no. 10 Jeffrey E. Thomas New Appleman on Insurance Law Library Edition, Chapter 115 (Matthew Bender & Company, Inc. 2014)
“Commercial Crime Policy Insuring Agreement 2-Forgery or Alteration” (Adam P. Friedman and Andrew S. Kent), Vol. no. 10 Jeffrey E. Thomas, New Appleman on Insurance Law Library Edition, Chapter 121 (Matthew Bender & Company, Inc. 2014)
“Who Can Recover Under a Fidelity Policy?” (Adam D. Cornett and Andrew S. Kent), XX Fid. L.J. 139 (Nov. 2014)
“Notice/Proof-Legal Proceedings Against Underwriter” (Armen Shahinian, Andrew S. Kent, and Scott W. Lichtenstein), ANNOTATED FINANCIAL INSTITUTION BOND (Michael Keeley ed., 3d. ed. 2013)
“Who is a Covered ‘Employee’ under the Financial Institution Bond” (Armen Shahinian and Andrew Kent), FINANCIAL INSTITUTION BONDS (Duncan L. Clore ed., 3d ed. 2008)
“Obtaining and Using Regulatory Reports and Suspicious Activity Reports” (Armen Shahinian, Andrew Kent and Joseph Perry), Loan Loss Coverage Under Financial Institution Bonds, Chapter XI (ABA, Gilbert J. Schroeder, John Tomaine, eds. 2007)
“Limits of Liability,” Chapter 10, Handling Fidelity Bond Claims (Tracey Santor, Armen Shahinian and Andrew S. Kent; ABA TIPS, Michael Keeley, Sean W. Duffy, Eds. 2005)
“A Dishonest Employee: A Single Cause of Loss or A Man of a Thousand Occurrences? An Analysis of Single Loss Limitations in Modern Crime Policies in the Wake of Auto Lenders Acceptance Corporation v. Gentilini Ford, Inc.,” (Scott D. Baron and Andrew S. Kent), XI Fid. L.J. 33, Oct. 2005)
“The Subtleties of Insuring Agreement (C) of the Financial Institution Bond,” (Mark A. Gamin, Armen Shahinian and Andrew S. Kent; IX Fid. L.J. 115, Oct. 2003)
“Law of Developers or Subdivision Bonds,” Chapter 2, The Law of Miscellaneous and Commercial Surety Bonds (Joseph C. Glavin Jr., Armen Shahinian and David C. Veis; ABA TIPS, Kazlow and King, ed. 2001)
“The General Indemnity Agreement,” Chapter 27, The Law of Suretyship, 2nd Ed. (Armen Shahinian; ABA TIPS, E. Gallagher, Ed. 2000)
“Effect of an Arbitration Provision in the Principal’s Contract with the Obligee,” Chapter 11, The Law of Payment Bonds (James D. Ferrucci; ABA TIPS, L. Moelmann & J. Harris, Ed. 1999)
“Effect of an Arbitration Provision in the Principal’s Contract with a Claimant,” Chapter 8,The Law of Payment Bonds (James D. Ferrucci; ABA TIPS, K. Lybeck & B. Shreves, Ed. 1998)

Andrew earned his B.A. from Rutgers College, where he was in the General Honors Program and a member of Phi Beta Kappa. After obtaining his law degree from Rutgers Law School, Andrew served as a law clerk the Honorable Leo Yanoff, Superior Court, New Jersey from 1992-1993.

Education

Rutgers Law School (J.D., 1992)
Rutgers, The State University of New Jersey (B.A., 1988)

Admissions

New Jersey
New York
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, District of New Jersey
U.S. District Court, Northern, Southern, Eastern and Western Districts of New York

Andrew has acted as counsel in numerous cases resulting in reported and unreported decisions, including:

Sentinel Trust Company v. Universal Bonding Insurance Company, 316 F.3d 213 (3rd Cir. 2003) (held that former indenture trustee lacked standing to sue under surety bond issued to obligee in its capacity as trustee; obligee collaterally estopped by state court findings of negligence against it from suing surety for negligence, despite vacature of state court judgment)
Conestoga Title Ins. Co. v. Premier Title Agency, Inc., 328 N.J. Super. 460 (App. Div. 2000), aff’d, 166 N.J. 2 (2000) (held that owner/director of the insured company was not an “employee” of the insured for purposes of a fidelity bond covering thefts by employees)
United States ex rel PCC Construction v. Star Insurance Company, 90 F. Supp.2d 512 (D.N.J. 2000) (held that state court judgment against principal does not preclude Miller Act surety from defending against subsequent payment bond claim brought in federal court; evidence sufficient to require a trial as to whether claimant was a subcontractor entitled to claim under the payment bond, or an undisclosed joint venturer with the principal and not a beneficiary of the bond)

November 10, 2016