Coverage
Cases of Note
- Claim Assistance
- Declaratory Judgment Actions & Bad Faith Defense
- Insurance Policy Interpretation & Coverage Determination
- Monitoring Counsel
- Represented excess 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.
- Advised insurer on coverage available for DOJ 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.
- Represented commercial general liability insurer in connection with a 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.
- 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.
- 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 connection with an underlying lawsuit involving acquisition of a West Virginia coal mining operation. The insured was sued for various securities violations. Our coverage investigation revealed misrepresentations by the insured to the insurer, ultimately resulting in a successful disclaimer of coverage.
- Represented DO insurer in connection with claims resulting from the collapse of a failed casino project. Provided coverage advice to insurer under directors and officers liability and run off insurance policies following insured’s bankruptcy. Successfully negotiated a global settlement with the bankruptcy trustee.
- 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.
- Counseled various insurers on commercial property coverage issues associated with hurricanes in the Gulf of Mexico.
- Represented insurer in arbitration involving extent to which insured was entitled to D&O coverage for a dispute between the insured and its umbrella carrier. Case was resolved for a fraction of the insurer’s policy limit.
- Represented insurer in coverage litigation involving equitable subrogation claims between two insurance carriers providing legal malpractice coverage to the same law firm over consecutive policy periods. Case was successfully mediated.
- Represented insurer 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 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.
- Represented insurer in an intervention action to set aside a $1.5 million default judgment against an insured after determining there was insufficient service of process. The default judgment ultimately was set aside.
- Represented insurer against third-party complaint filed by an oil-well owner in connection with explosion of an oil well. Several workers were severely injured with one fatality. The oil-well owner sued the insurer seeking additional insured status and also asserted bad faith claims. Case was successfully mediated, with the insurer contributing less than 10% to the global settlement.
- Represented D&O insurer in arbitration with insured who was arrested and indicted on ten counts of securities fraud under the Alabama Code. Insured sought coverage for multi-million settlement reached in the underlying action. After identifying numerous coverage defenses, the coverage case was resolved for a fraction of the insurer’s policy limit at mediation.
- Represented insurer in dispute involving an 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 excess insurer in connection with $193 million tower limits demand made against insured executive under professional indemnity insurance policy regarding alleged fraud to conceal trading losses. Case was successfully resolved through mediation.
- Represented D&O insurer in connection with claims resulting from the collapse of a failed casino project. Provided coverage advice to insurer under directors and officers liability and run off insurance policies following insured’s bankruptcy. Successfully negotiated a global settlement with the bankruptcy trustee.
- 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.
- Represented excess carrier regarding claim made against insured private equity fund for disgorgement of dividend payment based on insured’s alleged involvement in fraudulent merger and buy-out. Case was successfully resolved through mediation.
- Represented insurer in a judgment creditor garnishment action. Claimants obtained a $5.1 million judgment against an insured securities broker-dealer. Successfully obtained summary judgment in favor of the insurer after asserting numerous coverage defenses.
- Represented insurer in vacating void $5 million default judgment. The insured and claimant entered into a consent judgment and the claimant pursued the insurer under Alabama’s judgment creditor statute without ever serving the insurer. After identifying procedural defects, successfully obtained an order vacating the void default judgment.
- Represented insurer that was sued by another insurer for equitable contribution in a wrongful death claim. Successfully filed a motion to dismiss, asserting the other insurer only offered conclusory allegations that the policy of the client insurer afforded coverage. Also presented evidence from the underlying lawsuit demonstrating the client’s policy did not cover the claim.
- Represented carrier in Declaratory Action involving coverage under a Pollution Liability policy for gasoline contamination resulting from spill at service station.
- Represented carrier in Declaratory Action involving coverage under a Premises Pollution Liability policy and a Casualty Premises Pollution policy to obtain judgment for no duty to defend or indemnify for multiple class actions arising from tanker release of Dipropylamine.
- Represented carrier in Declaratory Action involving coverage under insurance company errors and omissions policy where insured settled bad faith claim for millions of dollars without carrier’s consent.
- Represented carrier in coverage arbitration in New York under Broker Dealer errors and omissions policy where insured sought compensatory and punitive damages exceeding $1,000,000.
- Represented carrier in Declaratory Action by insured for defense and indemnity under a Public Officials Professional Liability policy for underlying claims of discrimination against insured.
- Represented carrier in Declaratory Action by insured for indemnity under Securities Broker Dealer Policy for trade errors by insured.
- Represented excess 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.
- 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 DOJ 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.
- Represented commercial general liability insurer in connection with a 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.
- 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.
- Represented D&O insurer in arbitration with insured who was arrested and indicted on ten counts of securities fraud under the Alabama Code. Insured sought coverage for multi-million settlement reached in the underlying action. After identifying numerous coverage defenses, the coverage case was resolved for a fraction of the insurer’s policy limit at mediation.
- Advised insurer on coverage implications for lawsuit against insured investment fund based on insured’s alleged involvement in a Ponzi scheme, which defrauded $50 million 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 dispute involving an 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 insurer in connection with an underlying lawsuit involving acquisition of a West Virginia coal mining operation. The insured was sued for various securities violations. Our coverage investigation revealed misrepresentations by the insured to the insurer, ultimately resulting in a successful disclaimer of coverage.
- Represented excess insurer in connection with $193 million tower limits demand made against insured executive under professional indemnity insurance policy regarding alleged fraud to conceal trading losses. Case was successfully resolved through mediation.
- Represented D&O insurer in connection with claims resulting from the collapse of a failed casino project. Provided coverage advice to insurer under directors and officers liability and run off insurance policies following insured’s bankruptcy. Successfully negotiated a global settlement with the bankruptcy trustee. 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.
- Counseled various insurers on commercial property coverage issues associated with hurricanes in the Gulf of Mexico.
- Represented excess 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.
- 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.
- Represented DO insurer in connection with claims resulting from the collapse of a failed casino project. Provided coverage advice to insurer under directors and officers liability and run off insurance policies following insured’s bankruptcy. Successfully negotiated a global settlement with the bankruptcy trustee.
- Monitored shareholder derivative suit involving allegations that an investment company acting as an investment adviser for various funds violated section 36(b) of the Investment Company Act of 1940 by charging excessive fees.
- Monitored SEC investigation involving alleged FCPA non-compliance by a manufacturing company involved in negotiations with a foreign competitor. Monitored subsequent indictment of manufacturing company and analyzed related coverage issues.
- Monitored lawsuit involving a financial institution accused of making unauthorized withdrawals from customer accounts of current and former athletes. Analyzed relevant coverage issues.
- Monitored trial for insurer of major pharmaceutical company and negotiated during trial a high low that capped the verdict within insured’s large self-insured retention.
- Monitored related class actions involving allegations that malpractice insurers conspired with their reinsurer to misrepresent the financial health of the reinsurer.
- Monitored class actions involving allegations that several mortgage loan companies violated the Truth in Lending Act and other statutes by misrepresenting loan terms. Represented the mortgage loan companies’ professional liability insurer and negotiated a favorable coverage settlement during mediation.
- Monitored class action appeal to Ninth Circuit involving the alleged negligent and criminal investments of approximately $34 million by an insured mutual fund in an illegal gambling business.
- Monitored class action and appeal to the Ninth Circuit involving an alleged $175 million Ponzi Scheme affecting foreign investors and allegedly facilitated by an insured certified public accountant.