Cohen Ziffer Frenchman & McKenna

With more than two decades of experience representing policyholders in high-stakes insurance litigation, Michelle Migdon has distinguished herself as one of the nation’s foremost advocates in recovery and coverage matters. Her practice focuses on complex disputes where clients have suffered substantial losses, and she brings unmatched tenacity and strategic insight to every case. Michelle’s deep command of D&O, E&O, and professional liability policies, as well as first-party property, business interruption, and a wide array of liability coverage types, makes her an indispensable ally to companies facing resistance from their insurers. Her ability to navigate the nuances of policy language, combined with her courtroom acumen, has led to precedent-setting victories in both trial and appellate courts across the country.

In one such matter, Michelle secured a Delaware Supreme Court ruling in favor of AMC Entertainment Holdings, Inc., finding that AMC’s payment of shares to settle a high-profile class action lawsuit brought by AMC’s shareholders satisfied its D&O insurance policy’s definition of “Loss.” This important ruling reaffirms that the policy language matters and establishes a clear precedent that non-traditional forms of settlement payments may qualify as covered Loss under insurance policies, unless the policy specifically states otherwise.

Michelle also represented Genworth Financial, Inc. and its subsidiaries in a professional liability coverage dispute involving more than $100 million in defense and settlement costs incurred in three class action lawsuits related to alleged misrepresentations in the sale of long-term care insurance. She helped secure two favorable summary judgment rulings, pre-discovery in 2023 and post-discovery in 2025, defeating key insurer defenses relating to three different policy exclusions and preserving Genworth’s ability to recover fully. In 2026, the Delaware Supreme Court unanimously affirmed a judgment exceeding $50 million in favor of Genworth, reinforcing important limits on insurers’ attempts to rely on broad exclusions to avoid coverage obligations.

Earlier in her career, Michelle represented TIAA-CREF in an insurance coverage lawsuit seeking reimbursement from the client’s professional liability insurers of more than $60 million. Michelle obtained summary judgment on a groundbreaking issue by securing coverage for a settlement of a civil disgorgement claim and then secured a favorable jury verdict on various remaining issues. The Delaware Supreme Court ultimately affirmed that TIAA-CREF was entitled to coverage for its settlement payments and entitled to recover 100% of its defense costs as reasonable and necessary.

Michelle is equally formidable in the boardroom as she is in the courtroom. She regularly advises clients during the pre-litigation phase, persuading insurance companies to settle through deft negotiation, mediation, and persuasive writing. Her sophisticated grasp of technical coverage issues—including unique and varied coverage provisions and exclusions, consent and cooperation defenses, exhaustion issues, and notice provisions—enables her to secure favorable outcomes in some of the most challenging insurance disputes.

Michelle has been a critical member of the Cohen Ziffer team since the firm’s launch in January 2021. Earlier in her career, she practiced at McKool Smith, Kasowitz, and Proskauer Rose.

Michelle is admitted to practice in New York and before the U.S. District Courts for the Southern and Eastern Districts of New York.

Michelle received her A.B., magna cum laude, from Duke University in 1994 and her J.D., magna cum laude, from New York University School of Law in 1997.