Carolyn M. Branthoover

Represented policyholder (transportation industry) in related set of confidential ad hoc arbitrations (London and Bermuda seats) and litigation (US state court) seeking coverage under tower of excess liability policies for large truck accident liability verdict.

Represented aluminum distributor in obtaining a US$59.6 million jury verdict following three week trial in suit alleging breach of UCC implied warranties of merchantability and fitness for particular purpose in connection with the sale of an aluminum alloy used in the manufacture of boats. Following jury verdict, court further awarded US$16.1 million prejudgment interest.

Obtained US$16.3 million jury verdict for policyholder following six week trial in suit seeking first-party insurance coverage for environmental property damage at two manufacturing facilities; also obtained bad faith jury verdict against insurer following bifurcated three week trial, which led to a US$16 million punitive damages award and a US$2.6 million award of attorneys’ fees.

Represented policyholder metals manufacturer in suit seeking first party insurance coverage for environmental property damage at numerous sites located throughout the country. Following first phase jury trial, appeal to the Washington Supreme Court and discovery in preparation for retrial, the case settled favorably.

Represented policyholder in suit seeking insurance coverage for environmental liabilities at numerous sites located throughout the country. Following discovery and summary judgment rulings, the case settled favorably.

Represented policyholder (industrial equipment manufacturer) in complex asbestos insurance coverage action involving over US$1 billion of underlying liabilities and over forty excess insureds. The matter resulted in a nine figure recovery and placed under agreement over US$1 billion of policy limits.

Represented technology company in pursuing claim to recover fees owed under software licensing agreement. Matter proceeded through a one week evidentiary hearing and was thereafter favorably resolved through settlement.

Confidential Arbitration between service industry company and insurer. Represented policyholder seeking coverage under Bermuda Form policy for employment related liabilities. Matter concluded following two week evidentiary hearing and arbitrators’ award.

Confidential Arbitration between industrial equipment and parts manufacturer and insurer. Represented policyholder in seeking insurance coverage for recall and property damage caused by defective device installed in braking systems of numerous trucks. Following two week hearing and post-hearing briefing, the case settled favorably.

Confidential Arbitration between chemical manufacturer and insurer. Represented policyholder in seeking to secure first-party insurance coverage for extensive property damage and business interruption loss caused by Hurricane Ike. Matter proceeded through two week evidentiary hearing and arbitrators’ award.

In suit seeking insurance coverage for asbestos liabilities under historic general liability policies, obtained summary judgment dismissal of indemnity claim against third party based on prior settlement agreement. On appeal, the Sixth Circuit Court of Appeals upheld the judgment of the district court.

Represented pesticide manufacture in pursuit of Fifth Amendment taking claim associated with EPA action. Matter was resolved by summary judgment.

Represented investors in senior living facility in action brought to resolve dispute with co-investors arising under an equity purchase and sale agreement. Following discovery and the exchange of expert reports, the case settled favorably.

Represented chemical manufacturer in obtaining summary judgment dismissal of action brought by sulfur supplier alleging wrongful termination of requirements contract.

Successfully represented potentially responsible party at Superfund cleanup site in contribution action seeking allocation of response costs among generator, arranger and transporter of waste. Case presented question of first impression regarding transporter liability under CERCLA. On appeal, the Third Circuit Court of Appeals upheld the favorable judgment of the district court.

Successfully represented tear gas manufacturer in securing dismissal, on jurisdictional grounds, of wrongful death claims brought by surviving family members of nine Palestinians who allegedly died as a result of exposure to tear gas utilized by Israeli Defense Forces in uprisings in the Occupied Territories. Case involved novel question of citizenship of Palestinians residing in the Israeli Occupied Territories.

Confidential Arbitration commenced on behalf of Chinese investor against Brazilian metals and mining company (LCIA, London) regarding the development of an iron ore mining operation in South America and breach of share purchase agreement. Following initial exchange of information, the parties amicably resolved their dispute.

Counseled international distributor of cell phones regarding insurance recovery under crime policy for multi-million dollar employee theft loss occurring in the Middle East. Following submission of proofs of loss and examinations under oath, the parties reached an amicable settlement.

Counseled sports equipment distributor, following warehouse roof collapse, regarding recovery under property policy for multi-million dollar loss involving property damage, business interruption and leasehold interest coverage. Following submission of proof of loss, the parties reached a favorable settlement.

Counseled a wide variety of clients regarding coverage under commercial property policies for business interruption and civil authority coverage for losses associated with the COVID-19 pandemic.

Counseled manufacturer of biometric timekeeping technology regarding coverage under technology and privacy injury liability policy for liabilities alleged in class action filed under Illinois Biometric Information Privacy Act (BIPA).