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Experience
Insurance Recovery Litigation and Counseling
Business Interruption and Property Damage
- Obtained one of the world’s largest COVID-19 insurance recoveries for WorldStrides, an educational travel company that lost hundreds of millions of dollars in revenue during the pandemic.
- Recovered full policy limits on multiple claims for a Fortune 500 semiconductor manufacturer for business interruption losses from a 2019 power outage and property damage from the 2011 Thailand floods.
CGL and Product Liability
- Radiator Specialty Co. v. Arrowood Indemnity Co., et al., No. 13-CVS-2271 (Mecklenburg County, N.C.) No. COA19-507 (N.C. Court of Appeals), No. 20PA21 (N.C. Supreme Court): Lead counsel in four-day trial and subsequent appeals for a manufacturer seeking product liability coverage for benzene toxic tort claims.
- Lincoln Electric Co. v. Travelers Casualty & Surety Co., et al., No. 1:11-CV-2253 (N.D. Ohio): Represented a welding rod manufacturer seeking excess coverage for asbestos, manganese, and welding fume claims.
- Represented a national electrical contractor in Wisconsin and Minnesota state courts seeking coverage for environmental liability associated with a former manufactured gas plant site.
Construction Claims
- Seattle Tunnel Partners, et al. v. Great Lakes Reinsurance (UK) PLC, et al., No. 15-2-15009-0 (King County, Wash.): Represented Japanese engineering and manufacturing firm Hitachi Zosen in litigation seeking builder’s risk coverage for damage to the world’s largest tunnel boring machine.
- Represented numerous contractors pursuing coverage for construction losses and claims, including under E&O policies, OCIP and CCIP programs, builder’s risk policies, subcontractor default insurance (Subguard), and surety bonds.
Contingency and Event Cancellation
- Lead counsel for the Washington Nationals Baseball Club in litigation seeking coverage for a cancelled exhibition game.
- Obtained favorable coverage settlements for event and travel companies pursuing claims for lost profits and unreimbursed expenses associated with tours and events cancelled due to the COVID-19 pandemic.
Cyber Insurance
- Obtained favorable settlements for companies seeking social engineering fraud, computer fraud, and bank transfer fraud coverage for losses resulting from fraudulent wire transfers.
- Advised a Fortune 100 cloud services provider on renewals for data breach, cyber and privacy liability coverage, and technology errors and omissions (E&O) coverage.
- Advised a Fortune 500 semiconductor manufacturer regarding cyber coverage for a major network security breach and related third-party claims.
Directors, Officers, and Company Liability
- Obtained summary judgment for Godiva Chocolatier in litigation seeking private-company D&O coverage for class actions alleging violations of false advertising and consumer protection laws. G-New, Inc. dba Godiva Chocolatier, Inc. v. Endurance Am. Ins. Co., et al., 2022 WL 4128608 (Del. Super. Ct.).
- Represented multiple financial services firms and investment banks pursuing D&O coverage for derivative actions, SEC investigations, and shareholder lawsuits related to mortgage-backed securities.
- Obtained a favorable settlement for a battery manufacturer seeking D&O coverage for shareholder lawsuits.
Insurer Bad Faith and Broker Negligence
- Lead counsel in an eight-day trial in Oregon state court for a biotech company pursuing broker negligence claims related to procurement of D&O coverage.
- Represented Extended Stay America hotels in Missouri state court seeking insurance bad faith damages for wrongful denial of coverage for property damage caused by defective windows.
Other Commercial Litigation
- United States v. County of Clark, et al., No. 2:17-cv-02303 (D. Nev.): Lead counsel for Defendant Clark County, Nevada, in a lawsuit brought by the U.S. Department of the Interior alleging breaches of contract and fiduciary duty in connection with the lease of former federal land on the Las Vegas Strip. Following summary judgment and appellate rulings, Jonathan negotiated a favorable settlement for just 2% of alleged damages.
- HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assoc., No. 20-427 (U.S. Supreme Court): Filed an amicus brief on behalf of petroleum refineries concerning small refinery exemptions from the Renewable Fuel Standard (RFS). The Supreme Court issued a 6-3 decision in favor of the position advocated by the amicus brief.
- Obtained judicial stays of over $1 billion in RFS compliance obligations for multiple petroleum refineries challenging EPA’s denials of small refinery exemptions in Hunt Refining Co. v. EPA, No. 22-11617 (11th Cir. 2022); Calumet Shreveport Refining, et al. v. EPA, No. 60266 (5th Cir. 2023); and Sinclair Wyoming Refining Co. v. EPA, No. 22-1073 (D.C. Cir. 2023).
- Ergon-West Virginia, Inc. v. EPA, 896 F.3d 600 (4th Cir. 2018); and Ergon-West Virginia, Inc. v. EPA, 980 F.3d 403 (4th Cir. 2020): Successfully overturned EPA denials of small refinery exemptions from the RFS.
