Brianne Dashti

Full Bio

Brianne practices in LGWM’s Insurance Coverage Practice Group. Brianne represents U.S. and foreign insurance carriers in a wide range of insurance coverage matters involving commercial general liability, property and casualty, and professional liability policies. Brianne’s experience in professional lines specifically includes directors and officers and corporate securities liability, errors and omissions liability, mutual fund/investment adviser liability, broker/dealer and registered representative liability, lawyer and accountant professional liability, insurance company and insurance agency professional liability, and employment practices liability. Brianne represents insurance carriers in mediations, arbitrations, and declaratory judgment actions in federal and state courts. Brianne counsels insurance companies in claims handling and reserve practices and works with insurance underwriters to provide advice regarding the drafting of insurance policies. Brianne has provided third party administrator and managing general agent services to insurance carriers. Brianne also has defended insurance carriers in first and third party property and casualty claims in federal and state courts.

Professional Profile

Member, Alabama Bar Association
Member, New Jersey Bar Association
Member, New York Bar Association
Member, District of Columbia Bar Association

Admitted

All Alabama State Courts
All New York State Courts
All New Jersey State Courts
All District of Columbia Courts
The United States District Courts for the District of New Jersey
The United States District Courts for the Southern and Eastern Districts of New York

Education

Benjamin N. Cardozo School of Law, J.D. (2006)
– Editor in Chief, Cardozo Journal of International and Comparative Law

New York University, B.A., magna cum laude with Honors (2003)
– Member, Metropolitan Studies Honors Society – Recipient, NYU Founders Award for outstanding academic achievement

Cases of Note

• • Advised insurer on complex insurance claim by insured financial services company after multiple claims were asserted against the insured by national banking institutions following the U.S. mortgage crisis. Identified and analyzed significant coverage issues including late reporting, trigger of prior policy years, interrelation, misrepresentation on insurance applications, and prior knowledge defenses. Represented insurer in subsequent coverage litigation and assisted insurer in negotiating favorable settlement.

• • Advised insurer on coverage implications for lawsuit against insured investment fund based on insured’s alleged involvement in a Ponzi scheme, which defrauded $50M in real estate assets from a single client. Negotiated favorable resolution of claim for insurer with insured contributing 30% of settlement payment to client from its own funds.

• • Represented insurer in large scale coverage litigation and mediations involving coverage available to insured private equity firm for lawsuits filed after insured’s bankruptcy. The bankruptcy, and subsequent lawsuits and insurance claim, arose out of the collapse of the market for investments in residential mortgage-backed securities in heavily leveraged transactions financed by repurchase loan agreements. Representation of insurer included analysis of manuscript professional services exclusion, the filing of a successful motion to dismiss based on same, and the defense of insurer’s position on appeal.

• • Advised insurer on coverage available for Department of Justice investigation of insured contractor for violation of the Fair Housing Act and Americans with Disabilities Act at multiple properties in the southeast U.S. over the course of 25 years. Analyzed multiple coverage issues including claim reporting and notice obligations, application of retroactive dates, insured status issues, and the impact of defense and settlement without insurer consent.

• • Advised insurer on coverage for insurance claims reported by insured international manufacturing company in response to SEC investigation of financial reporting practices and subsequent class actions filed against the insured in the U.S. and Canada. Representation involved analysis of the U.S. Securities Exchange Act and its Canadian counterpart, the Ontario Securities Act.

• • Provided coverage advice to insurer in response to the reporting of potential claims against an insured investment management firm arising out of the Madoff Ponzi scheme. Analyzed coverage for claims subsequently made against the insured for alleged wrongful acts in failing to notify investors of the risks of investing in Madoff and various feeder funds including Tremont. Representation included analysis of interrelation and prior knowledge issues as well as analysis of trigger under multiple insurance towers affording broker/dealer professional liability coverage and privacy and network liability coverage.

• • Advised commercial general liability insurer on coverage for multimillion dollar construction defect claim asserted against insured product manufacturer, additional insured distributor and installer, and multiple other non-insured parties. Representation included analysis of trigger issues under Alabama, North Carolina, and Missouri law, evaluation of batch endorsements and resulting impact on self-insured retention obligations, and analysis of complex additional insured issues. Negotiated on behalf of client with insured and other carriers to ensure proper allocation of any defense or indemnity contribution ultimately made to resolve the claim.

• • Represented excess carrier regarding claims made under two insurance towers arising out of the collapse of a casino development project. Successfully negotiated a settlement with the bankruptcy trustee.

• • Evaluated coverage for claim against insured temporary employment agency and client-employer after injury to worker on client’s job site. Representation required analysis of limitations on scope of additional insured coverage available to client-employers with whom temp employees are placed, analysis of the client-employer’s own insurance policy, and negotiation with client-employer’s carrier for contribution to resolve claim. Represented insurance carrier joined in medical malpractice lawsuit under Louisiana’s direct action statute. Identified and analyzed coverage defenses for underlying medical malpractice claim including argument for reduced limits based on endorsements applicable to policy. Represented insurer at mediation with insured and plaintiff in order to negotiate reasonable resolution of claim.

• Represented insurance carrier joined in medical malpractice lawsuit under Louisiana’s direct action statute. Identified and analyzed coverage defenses for underlying medical malpractice claim including argument for reduced limits based on endorsements applicable to policy. Represented insurer at mediation with insured and plaintiff in order to negotiate reasonable resolution of claim.

Legal Assistant

Practice Areas

Coverage

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