Coverage (Representing the Insurer)

  • Defended excess D&O carrier against contractual and extracontractual claims for defense and indemnity in connection with multi-million dollar underlying shareholder derivative suit. Coverage litigation involved several issues, including appropriate exhaustion of underlying policies and applicability of prior or pending and prior knowledge exclusions. After extensive discovery and summary judgment briefing, litigation resolved on favorable terms to client prior to trial.
  • Represented carriers interest in connection with a seven-day arbitration against insured contractor for property damage allegedly caused to a high-rise condominium. After the conclusion of the arbitration, the underlying arbitration was resolved on favorable terms to the carrier.
  • Defended E&O insurer in coverage litigation to collect $1 million judgment entered against insurance agency for premium undercharges on an Arizona automobile program. After filing evidence-intensive summary judgment motion on prior acts/prior knowledge exclusion, litigation was resolved on terms very favorable to client.
  • Provided counsel to carrier regarding coverage for a citizen suit seeking to enforce federal environmental regulations against insured accused of polluting water that caused damage to downstream property owners.
  • In a locally publicized case involving the flooding of a day care center, the Firm obtained summary judgment on the behalf of the day care centers property insurer for business interruption claims. The Dallas Court of Appeals affirmed the ruling. The insured sought review by the Supreme Court of Texas, but the petition was denied.
  • Successful representation of professional liability insurer of corporate nursing home chain inrecovering partial indemnity of defense costs and settlements from nursing homes primary lender, pursuant to terms of contracts that secretly turned over practical control of nursing homes to lender, for lawsuits filed against nursing home by its residents.
  • Coverage counsel for insurer in a multi-million dollar construction defect declaratory judgment action. After effectively demonstrating the serious coverage questions involved in the underlying plaintiffs allegations, plaintiff agreed to accept a much smaller settlement than initially sought due to the questionable aspects of coverage.
  • Obtained summary judgment on behalf of insurance carrier against third-party seeking to recover under a motor truck cargo policy wherein the third-party asserted that it was entitled to recover for a loss allegedly caused by the carriers insured.
  • Obtained summary judgment on behalf of insurance carrier against first-party claims brought by insureds seeking underinsured motorists coverage under their commercial automobile policy.