Professional Biography

Peter L. Tracey Partner

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OVERVIEW

EXPERIENCE

Experience

Insurance Coverage

Confidential Insurance Recovery Arbitration

Served as a lead member of an arbitration team concerning coverage for a shareholder class action lawsuit that the client’s D&O insurer had denied based on a “related claim” exclusion.

Confidential Insurance Recovery Consultation

Advised a natural gas producer concerning the preparation and presentation of a contingent business interruption claim arising out of a landfill fire.

Confidential Insurance Recovery Consultation

Advised a leading law firm concerning insurance coverage for the firm’s legacy liabilities in connection with a potential merger.

Systems Assessment & Research, Inc. v. The Hartford Casualty Insurance Company, et al.

Represented a medical services company seeking coverage for an employee theft claim under a commercial crime policy.

Confidential Insurance Recovery Consultation

Advised a large fuel distributer in connection with coverage for environmental cleanup associated with a pipeline rupture.

Massey Energy Co. v. Union Indemnity Insurance Company of New York

Represented a major coal producing company seeking indemnity payments for bodily injury claims in an insurer liquidation proceeding.

Adkins, et al. v. Massey Energy Co., et al.

Obtained a significant ruling of first impression in West Virginia that an "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.

Nash v. Alpha Beta Co., et al.

Obtained an 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.

Aracoma Coal Company Inc., et al., v. American International Specialty Lines Insurance Company

Represented a major coal producing company in a declaratory judgment action against its liability insurer seeking coverage for wrongful death and bodily injury claims arising out of a mine fire.

Adkins, et al. v. Massey Energy Co., et al.

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.

Nash v. Alpha Beta Co., et al.

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.

Aracoma Coal Company Inc., et al., v. American International Specialty Lines Insurance Company

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

Confidential Insurance Recovery Arbitration*

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.

International Paper Company v. Affiliated FM Insurance Company, et al.*

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.

International Paper Company v. Affiliated FM Insurance Company, et al.*

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.

Envirodyne Industries Inc. v. E.I. du Pont de Nemours & Co.*

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

Confidential Insurance Recovery Consultation*

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.

 

* Prior Experience

NEWS

PUBLICATIONS & PRESENTATIONS

RELATED INFORMATION

Areas of Focus

Bar and Court Admissions

  • District of Columbia

  • Delaware

  • Pennsylvania

  • Supreme Court of the United States

  • U.S. Court of Appeals for the Third Circuit

  • U.S. Court of Federal Claims

  • U.S. District Court for the District of Columbia

  • U.S. District Court for the District of Delaware

Education

  • Pennsylvania State University - Dickinson Law, J.D., 1989
  • Yale University, B.A.,
    cum laude
    , 1986

Languages

  • Spanish

  • Portuguese