Insurance Recovery and Counseling

Represented condominium developers with respect to litigation of a condominium development located in Jersey City, Weehawken, and Middlesex County, New Jersey, based on allegations of construction and design deficiencies, including alleged structural failures and consumer fraud regarding sales representations brought by condominium owners’ associations.

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

Represented and advised a construction company regarding coverage under a professional liability policy for claims in respect of external cladding to a high-rise buildings. 

Advised an FTSE 100 fashion retailer in relation to disputed claims under its credit risk insurance policy.

Acted as lead policyholder counsel in an employment coverage action filed in New Jersey by a large New York financial institution against 30 of its historical liability insurers. The action produced, among other significant legal rulings, one of the first decisions in an insurance coverage case in which the court applied Section 187 of the Restatement (Second) of Conflicts of Laws and held that the law governing an insurer’s policies was to be determined according to that insurer’s prior course of dealings with the insured.

Represented an aerospace manufacturer in connection with extensive property damage, business interruption, and extra expense losses arising out of tornado damage at a manufacturing facility.

Represented an industrial equipment manufacturer as policyholder in a complex asbestos insurance coverage action involving more than US$1 billion of underlying liabilities and over 40 excess insureds.

Represented an international clinical laboratory services company in coverage litigation of property damage, business interruption, and contingent business interruption losses caused by Hurricane Katrina at multiple client laboratory facilities and customer locations.

Acted as counsel for a shoe manufacturer in an advertising injury insurance coverage action involving the use of a deceased athlete’s name to advertise and market running shoes and apparel. The Massachusetts Supreme Judicial Court decided unanimously in favor of our client in this case of first impression.

Represented a sports entertainment industry policyholder in obtaining coverage for traumatic brain injury (CTE) claims.

Provided legal advice and analysis regarding coverage under directors and officers' liability and professional liability/errors and omissions policies in respect of regulatory and criminal investigations relating to the alleged manipulation of LIBOR and other benchmark rates.

Advised an Eastern European petrochemical company in relation to a multimillion-dollar claim under a property damage/business interruption policy arising from an explosion and fire at an oil refinery, including in relation to dispute resolution and ultimate settlement terms.

Represented a geoengineering company in connection with builder’s risk insurance coverage issues arising out of a Dubai construction project.

Represented a real estate investment company in obtaining insurance recovery for securities and derivative lawsuits under directors and officers liability policies.

Acted as coverage counsel for an international liquid propane gas distributor for review of various coverage lines such as general liability, property, directors and officers liability, fiduciary liability, employment practices liability, cyber insurance, and commercial crime insurance.

Represented a power generation company in insurance litigation and appeals securing coverage for its US$80+ million settlement of lawsuits arising out of alleged radiation exposure.

Successfully represented a natural gas utility as policyholder in coverage litigation with respect to alleged environmental liabilities relating to former manufactured gas plant operations. Proved the existence of dozens of disputed insurance policies at a two-week trial. Won motions for summary judgment relating to, among other things, the insurers’ “expected or intended” defense, various pollution exclusions, and a petroleum operations exclusion.

Represented an international pharmaceutical company subsidiary in litigation in Pennsylvania state court against an insurer regarding corporate-owned life insurance policies.

Represented a major energy services company in a London-based arbitration against an insurer that refused to indemnify the company for its portion of a US$1 billion settlement entered into to resolve lawsuits arising out of an explosion and fire that occurred onboard the Deepwater Horizon drilling rig in 2010.