Obtained summary judgment for insurer, finding that manufacturer of defectively coated pipes installed under Louisiana highway was not entitled to coverage for its $15 million settlement with the Louisiana Highway Authority. Secured summary judgment on basis that client did not violate eight different provisions of Kentucky's Fair Claim Handling Act, including a failure to settle and misrepresentation of policy terms affirmed by Kentucky Appellate Court. Obtained summary judgment in favor of excess insurer that late notice of catastrophic bodily-injury lawsuit precluded coverage. Secured summary judgment over claimant's $7 million consent judgment on the basis that it was executed without the insurers' consent, breaching policy conditions, resulting in dismissal of $70 million bad-faith and punitive-damages claim affirmed by the Eleventh Circuit.
Obtained summary judgment, affirmed by the Third Circuit, that insurance policy owed no obligation to reimburse insured $16.8 million in attorneys' fees incurred to defend litigation against tobacco company. Secured summary judgment, affirmed by Fifth Circuit, that class-action settlement over defective, mold-resistant decking was not for damages caused by an "occurrence." Obtained summary judgment for insurer that there was no coverage for class-action settlement of claims for improper dissemination of personal medical information. Successfully convinced Illinois Appellate Court to reverse $5.5 million judgment, which agreed that the trial court applied the wrong state's law of the incorrect jurisdiction and agreed that the known loss doctrine precluded coverage. Obtained summary judgment for umbrella insurer finding that the insured's untimely notice of lawsuit involving brain damage due to carbon monoxide exposure breached the policy's notice condition, because insurer lost the opportunity to investigate and defend against the suit, precluding any duty to indemnify insured for $3.5 million award. Obtained summary judgment for excess insurer with respect to bad-faith claims handling allegations. In a case of first impression, secured summary judgment for client over bad-faith claims involving alleged failure to settle underlying railroad-crossing accident case, in which client only offered the insured's $5 million retention, followed by a $54 million verdict. Obtained summary judgment in favor of insurers on insured's counterclaims for bad faith and breach of the implied covenant of good faith and fair dealing, which also resulted in defeat of insured's request for attorney's fees under Minnesota's "Morrison" exception to the American Rule. Obtained dismissal of complaint against excess insurer seeking coverage for lawsuit alleging that insured misrepresented its insurance to the underlying plaintiffs to induce them to settle for less than their damages. Obtained summary judgment holding that CGL coverage, part of client's primary OCIP policy, provided only a single $5 million completed-operations aggregate liability limit, regardless how projects sustained damage defeated argument that $5 million aggregate limit was owed for each of 71 scheduled projects. Won jury verdict for excess insurers, finding they acted in good faith when they rejected claimant's unreasonable settlement demands in the underlying personal injury lawsuit, even though the claims resulted in a $30 million judgment, which exceeded clients' limits. Secured multimillion-dollar judgment requiring the insured and another insurer to reimburse our insurer client based upon a batch clause endorsement. Obtained summary judgment for excess insurer on the basis that additional insured vendor’s failure to properly inspect a returned electronic rat trap before placing it back on a shelf with batteries inside, resulting in injury to a customer, precluded any duty to indemnify the vendor for a $9 million arbitration award. Obtained summary judgment, and affirmance at appellate level, based on the trial court finding that a constellation of claims relating to the insured’s abandonment of cathode ray tubes in rented warehouses did not fall within coverage of the client’s pollution liability policy on basis that the claim was made prior to the policy period, the alleged clean-up costs were not because of a pollution incident, the alleged pollution incidents at one property were before the retrospective date, and two exclusions applied. The underlying class action case alleged injury and damage from exposure to carbon black from a manufacturing facility. In a high-stakes case involving coverage under a pollution legal liability policy, we presented issues of first impression and secured summary judgment in West Virginia federal court.
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