Insurance Coverage

Represented owner of pulp mill in Sitka, AK in an environmental insurance coverage action involving state and federal regulatory enforcement actions and private class actions regarding environmental response actions and alleged natural resource damages.

Successfully represented owner of downtown San Francisco office tower in litigation regarding monetary value of casualty loss. Obtained eight figure judgment for an amount more than double last settlement offer.

545 F. Supp. 192 (N.D. Ill. 1982)

Represented policy holder in environmental insurance coverage action.

Represented Federal Savings and Loan Insurance Corporation (FSLIC) in action against insurance carrier to establish coverage under director and officer liability policy. Declaratory judgment. 721 F. Supp. 1180 (W.D. Wash. 1989)

Secured dismissal of Lloyd's of London and London Market Insurance Companies' claim. The dismissal was upheld on appeal. Settled before trial in Jamaica with first party insurance carriers for full costs. Lead Trial Lawyer.

Recovered $1.7 million in insurance coverage for Carlton associated with hazardous waste contamination.

Successfully adjudicated the duty to defend thousands of asbestos bodily injury claims.

Established a law favorable to policyholders in this environmental liability insurance coverage action by obtaining a favorable decision from the Illinois Supreme Court on damages and legal liability issues. Lead Trial Lawyer.

Recovered over $37 million for the client in this environmental liability insurance coverage action. Lead Trial Lawyer.

Pending insurance coverage arbitration involving environmental liability under oil industry policy.

Settled to the satisfaction of the client.

Successful arbitration for environmental coverage claims (confidential eight-figure recovery).

Represented FDIC in action against insurance carrier to establish coverage under director and officer liability policy.

Represented video and music distribution company in "advertising injury" suit to obtain insurance coverage for multi-million-dollar claims under the Lanham Act and Copyright Act.

Represented insurance broker in a dispute over business interruption coverage.

Represented industrial equipment manufacturer in complex indemnity and insurance coverage claims relating to underlying product liability dispute. Obtained appellate victory upholding right to attorneys' fees from insurer.

Represented insured in action to establish coverage under employee dishonesty policy.

Representing a developer in a dispute with a bank and its insurer over the extensive damage to a large Caribbean resort property.

Recovered full policy limits from Allstate Corporation on behalf of Texas homeowners for damage caused by Hurricane Ike in September 2008.

Settled environmental liability insurance coverage action for confidential eight figures. Lead Trial Lawyer.

Recovered over $27 million for the client for environmental liabilities.

Obtained tens of millions of dollars from Directors & Officers (D&O) insurance companies to settle the underlying action. Lead Trial Lawyer.

Represented defense contractor in an insurance coverage action related to severe windstorm damage at a Federal Aviation Administration facility.

Pending insurance coverage litigation involving antitrust claims.

Successfully litigated and settled insurance coverage litigation concerning consumer class action suits.

Represented Longview Fibre Company in insurance coverage litigation arising from underlying losses from securities transactions in company 401(k) plan.

Represented policyholder in lawsuit related to insurance coverage for asbestos-related claims.

Representing Louisiana-Pacific in insurance coverage dispute relating to underlying product liability class action actions.

Represents a large, well-known financial services corporation as it seeks coverage from its insurers and bond issuers for defense costs and liabilities stemming from the Bernard Madoff Ponzi scheme.

Represented forest products consulting firm in suit against liability insurer to obtain coverage for multi-million-dollar claims of professional negligence.

Successfully litigated and settled insurance coverage case involving environmental liabilities from coal gas plants.

Represent corporate successor of hydraulic machinery manufacturer in negotiations with predecessor's insurers in order to obtain coverage in connection with ongoing asbestos litigation.

Represented fish processor in connection with environmental insurance claims relating to facility in Togiak, AK.

Obtained successful settlement of environmental insurance coverage claims.

Coverage for terrorist bombing campaign of Oil Pipeline in Colombia, S.A. Obtained favorable verdict on all insurance issues and subsequent nine figure settlement. Lead Insurance Coverage Lawyer.

Secured multimillion-dollar defense and indemnity payments from defendants in connection with product liability claims.

Represented energy company in insurance coverage action to recover property and business interruption losses resulting from breakdown of turbine generator at waste-to-energy generation facility.

Represented large oil services company in a variety of disputes with its insurance carrier over, for example, a significant accident on a pipeline construction project; the repeated attempts to successfully complete a pipeline under the Mississippi River, and the murder of two of its workers on an oil barge in Nigeria.

Represented insured in establishing coverage for fire loss at storage facility under homeowners’ policy.

Represented policy holder in environmental insurance coverage action.

Represented California-based roofing manufacturer in insurance coverage dispute related to class action construction defect claims.

Represent mining company in connection with policy reviews, as well as negotiation and placement of insurance coverage for various worldwide operations.

Represented policyholder in suit against insurer to obtain insurance coverage for advertising claims made under Lanham Act and corresponding advertising liability insurance litigation. Won reversal of ruling that insurer's "advertising injury" policy did not cover product disparagement claims, 83 Fed. App'x. 963 (9th Cir. 2003), then prevailed on summary judgment after remand, resulting in a complete victory after seven years of litigation.

Represented policy holder in environmental insurance coverage action against primary and excess insurers.

Obtained successful settlements of environmental insurance coverage claims.

Represented telecommunications company in negotiations with liability insurer in order to obtain coverage for class action filed by the EEOC.

Represented investment company in suit against Directors and Officers insurer in order to obtain coverage for liabilities arising out of litigation related to corporate transaction.

Representing a number of mutual fund advisers as they seek defense costs and coverage for liabilities stemming from securities and derivative lawsuits.

Represented insured in establishing right to insurance coverage under employee dishonesty policy and professional liability policy.

Successfully obtained settlement for providing proceeds for remediation of defective product.

California Superior Court, County of Los Angeles; California Court of Appeals
Represented performance bond surety in trial and appellate proceedings in a malicious prosecution action arising out of the lower court and the California Supreme Court's decision in Cates Construction v. Talbot Partners Inc.

Represented ATM company in suit against Directors and Officers insurer in order to obtain coverage for liabilities arising out of litigation related to corporate transaction.

Represented individuals and entities in negotiations with Directors and Officers insurer in order to obtain coverage for claims associated with the Rose Garden Arena.

Represent defense contractor in connection with policy reviews and various other insurance matters.

Represented bank in connection with fire insurance claim related to trust property.

Represented Wisconsin’s largest utility as it sought coverage from a number of its historic insurers for environmental cleanup costs stemming from 19th Century coal-gasification plants located throughout Eastern Wisconsin.

Represented Weyerhaeuser in $100+ million insurance coverage dispute related to alleged defects in hardboard siding and insurance coverage of class action product liability claims.

Represented policyholder in lawsuits against insurer to obtain insurance coverage for asbestos-related claims.

Represented a major educational institution in litigation over coverage for its property damage and business interruption losses caused by Hurricane Katrina.

Obtained significant ruling of first impression in West Virginia that "absolute" pollution exclusion was ambiguous when applied to bodily injury claims allegedly arising from water contamination from policyholder's coal mining operations.  Following this ruling, a favorable settlement was reached on behalf of the client.

Representing a manufacturer of slurry-coated roofing tiles against more than 18 insurers in an action pending in California Superior Court, which seeks to enforce rights to defense and indemnity coverage for a putative California class action alleging that the roofing tiles prematurely deteriorated and degraded.

Representing a manufacturer of slurry-coated roofing tiles against more than 18 insurers in an action pending in California Superior Court, which seeks to enforce rights to defense and indemnity coverage for a putative California class action alleging that the roofing tiles prematurely deteriorated and degraded.

Represented a major educational institution in litigation over coverage for its property damage and business interruption losses caused by Hurricane Katrina.

Counseling corporate policyholders with respect to the Rehabilitation of the Ambac Assurance Corporation Segregated Account.

Represented policyholders seeking defense costs and indemnity coverage under professional liability policies for liabilities incurred in class action and other multiparty cases alleging errors and omissions in connection with the sale of annuities.

Represented a major coal producing company in a wrongful death and bodily injury action against its liability carriers arising out of a mine fire.

Negotiated numerous agreements with insurers to pay for claims arising from various long-tail exposures, such as those involving asbestos and other hazardous materials.  

Representing a major mutual fund complex with respect to insurance coverage issues arising from lawsuits related to the redemption of Auction Rate Preferred Securities.

Lead counsel in Bermuda arbitration for one of twenty largest bank holding companies. Obtained full recovery and attorney's fees under an errors and omissions insurance policy for liabilities relating to a Ponzi Scheme.

Represented insurer in case arising from 90 separate sites involving environmental pollution.

Represented operator of a nationwide network of automated teller machines that suffered a significant business interruption loss when its main data center was flooded by Hurricane Floyd and the network was shut down for several days.

Represented corporation in securing defense and indemnity of lawsuits alleging violations of the Telephone Consumer Protection Act.

Represented Caterpillar in a mass tort asbestos bodily injury insurance coverage action under certain general liability policies. Obtained a significant appellate victory on the issue of "all sums" allocation under Illinois law.

Trial of series of insurance coverage issues arising from the Celotex bankruptcy in Florida Bankruptcy Court.

London Arbitration under Arbitration Act of 1996
Represented claimant for losses recoverable under the terms of a pollution liability coverage policy.

Served as a lead member of an arbitration team that obtained a favorable settlement for a FORTUNE 100 client in a Connecticut arbitration proceeding. The settlement was based on the products liability coverage provided by a $75 million excess insurance policy purchased by the client.

Assisted a law firm that had suffered a major fire loss in evaluating coverage and coordinating with adjusters under the firm's first-party property insurance policy.

Lead counsel in two separate securities claims, seeking insurance recovery under director's and officer's insurance policies for underlying actions alleging violations of the Securities Exchange Act of 1934 by making of false and misleading statements and omitting material facts.

Lead counsel in two separate comprehensive shareholder derivative claims, seeking insurance recovery under director's and officer's insurance policies for underlying actions alleging breaches of fiduciary duties, abuse of control, mismanagement and waste of corporate assets.

Obtained recovery for commercial printing company from insurance broker and insurer for loss resulting from fire and imposition by insurer of co-insurance penalty, which was part of contract only due to broker’s negligence.

Lead insurance coverage counsel in assisting client in settling complex litigation and obtained over $100 million in insurance proceeds.

Represented a major chemical company in seeking insurance coverage for various lawsuits alleging bodily injury arising from exposure to diacetyl.

Participated in trial of case involving existence of coverage for damage caused to buildings by use of a mortar additive, a product which resulted in over $50 million in settlements and judgments against Dow.

Represented a FORTUNE 500 policyholder in a London arbitration under the English Arbitration Act against a Bermuda-based insurance company for bodily injury claims arising out of silicon breast implants.

Successfully mediated, on behalf of a major Midwestern electrical utility company, a multimillion-dollar first-party property claim for contingent business interruption and other time element coverages arising out of a natural disaster.

Negotiated a complex coverage-in-place cost share agreement with a number of insurance companies on behalf of a multinational client involved in a mass tort asbestos bodily injury claim.

Successfully defended a major chemical manufacturer in a breach of contract suit brought by a broker of wastewater treatment services.

Represented numerous chemical manufacturers and energy companies in seeking insurance coverage for property damage and bodily injury arising from various environmental contamination events.

Expert witness in directors' and officers' insurance dispute regarding attachment of excess directors' and officers' insurance policies.

Handled policyholder claims arising from damage to business and school properties from fire, water, earthquake and other causes. Litigated matters include Commonwealth Ins. Co. v. Aberdeen School Dist. (U.S. District Ct., W. Wash., 2002) (fire), and Highline School Dist. v. St. Paul Fire & Marine Ins. Co. (King County Superior Ct. 2009) (fire).

Represented General Housewares in its pursuit of insurance coverage against a number of carriers for environmental property damage claims throughout the United States.

Lead counsel in case establishing that under Missouri law a fidelity bond covers liabilities arising from third-party lawsuits.

Argued to Illinois Appellate Court, which affirmed trial court's grant of summary judgment in favor of client in case involving coverage for tens of millions of dollars in repair costs resulting from defective HVAC system designed for the State of Illinois Building.

Secured an approximately $400 million verdict in favor of a manufacturer of hardboard siding against more than 20 of its insurers.

Represents a major coal producing company and its subsidiary in arbitration brought by their liability carrier arising out of allegations of property damage to a customer’s coke oven batteries.

Successfully litigated and settled multi-million dollar insurance coverage case involving claims for property damage and business interruption arising out of mold-related damage at hotel in Hawai'i.

Played a leading role in obtaining insurance coverage for property damage claims on behalf of a multi-national corporate policyholder. After an eight-week trial, a Delaware jury deliberated for less than three hours before entering a verdict upholding the policyholder's insurance coverage for thousands of product liability claims involving polybutylene plumbing.

Handled numerous insurance coverage lawsuits brought by condominium associations and individual policyholders whose homes and businesses were destroyed or damaged by the 1994 Northridge earthquake.

Counseling independent directors of public company subsidiary of major foreign conglomerate with respect to the directors' and officers' insurance implications of the subsidiary's spin-off.

Represent construction and developer clients in pursuing coverage under potentially applicable policies of insurance in connection with construction defect and related claims.

Handled a variety of insurance coverage matters for FremantleMedia North America, the successful producer of television game shows and reality shows, including several claims related to the #1 rated television show in the United States – American Idol.

Served as a principal member on a trial team that obtained a $93 million verdict for International Paper and Masonite against Employers Insurance of Wausau. The verdict included a punitive damages award of $68 million based on the insurer's bad faith. The litigation arose from Wausau's failure to defend Masonite in a nationwide products liability class action case.

Served as a key member of a trial team that obtained a $383 million verdict for International Paper in a declaratory judgment action against 22 insurance carriers that had sold products liability coverage to International Paper. The verdict was the second-largest awarded by a California jury in 2003 and the fifth-largest verdict in the National Law Journal's "Top 100" verdicts for 2003.

Represented Houston-based packaged tea distributor in enforcing rights to coverage under a kidnap, ransom and extortion insurance policy in extortion claim arising out of events in Uzbekistan. 

Successfully litigated and settled insurance coverage lawsuit arising out of numerous underlying products liability claims.

Insurance coverage litigation (forest products industry): Recovered $52.5 million in settlement for Louisiana-Pacific after defeating series of motions for summary judgment and motions in limine.

Lead insurance coverage counsel for major mutual fund adviser in claims disputes with its insurers under mutual fund management liability insurance policies. Obtained over $50 million in insurance recoveries without initiating litigation.

Lead counsel in seeking recovery of blanket bond and directors' and officers' insurance policy proceeds with respect to the Madoff Ponzi scheme.

Represened a major coal producing company and its subsidiaries in an action against its liability carriers involving allegations of bodily injury and property damage arising out of coal mining operations in nearly 400 underlying actions.

Represented a major coal producing company and its subsidiary in insurance coverage disputes arising from the Upper Big Branch mine disaster in Montcoal, WV.

Represened a major coal producing company and its subsidiary in an action against its liability carriers involving allegations of bodily injury and property damage arising out of coal mining operations in more than 700 underlying actions.

Lead insurance counsel in a trial in the Eastern District of Virginia representing a major coal-producing company in a first-party property damage and business interruption case. The case was settled favorably prior to closing arguments after the court entered directed verdicts on certain of the insurance companies' key defenses.

Represented a major coal producing company in an action against its directors and officers insurance carrier arising out of a shareholder derivative action. The case was mediated and favorably resolved before trial.

Represented a major mutual fund complex with respect to insurance coverage issues arising from allegations of so-called “market timing” and “late trading.”

Lead counsel in three separate engagements for three major mutual funds advisers, seeking recovery under professional liability and directors' and officers' insurance policies for underlying cases involving financial crisis related liabilities and liabilities for alleged market timing, revenue sharing and fee arrangements.

Obtained insurance settlement for client K2 Inc. in connection with a bodily injury claim involving alleged asbestos exposure arising from the product of a former subsidiary.

Commercial litigation: Favorable settlement on eve of trial in condemnation action. Arbitrated claim for failure to provide title insurance coverage, successfully recovering 80% of the claim.

Environmental liability insurance coverage action resulting in confidential eight figure settlement. Lead Trial Lawyer.

Represented manufacturer of polybutylene pipes in obtaining insurance coverage for various lawsuits alleging that the pipes caused property damage.

Argued in Illinois Appellate Court in case involving coverage of asbestos claims under general liability policy.

Represented a major educational institution in a first-party property damage claim arising out of Hurricane Katrina against its insurer and its insurance broker under a fine arts policy.

Jury verdict after 3½ month trial in case alleging fraud, rescission, bad faith and existence of coverage under lost insurance policies, with jury answering all 11 special interrogatories in favor of client.

Lead coverage counsel for one of the largest oilfield services companies in insurance coverage disputes arising from the Deepwater Horizon incident and the ensuing oil spill in the Gulf of Mexico.

Represented insurer in one of first decisions addressing coverage for asbestos removal under general liability policies.  Argued case to both the Illinois Appellate Court and Illinois Supreme Court.

Lead insurance coverage counsel in assisting client in pre-motion to dismiss decision settlement of securities litigation based on alleged Foreign Corrupt Practices Act violations and obtained substantial insurance recoveries.

Successfully represented a large petrochemical company in seeking insurance coverage for millions of dollars in liability arising from a plant explosion that resulted in death and injury to numerous employees.

Jury verdict in favor of insured seeking to recover on life insurance policy, which insurer attempted to rescind based upon alleged misrepresentations in the application process.  Received full policy amount, plus attorney’s fees plus an award for unreasonable and vexatious delay.