Insurance Coverage Litigation

In re Thorpe Insulation Co., 677 F.3d 869 (9th Cir. 2012). Co-lead counsel for CNA in the seminal Ninth Circuit decision establishing insurer standing to object to Chapter 11 reorganization plans in mass tort bankruptcies.

Continental Casualty Co. v. Employers Ins. Co. of Wausau, et al., 871 N.Y.S.2d 48 (N.Y. App. Div. 2008) (Phase I) (no coverage for class claims). Trial counsel for CNA in New York state court class action litigation, involving a four-month bench trial pertaining to alleged unaggregated “non-products” exposure for asbestos bodily injury claims.

Celotex Corp.v. AIU Ins.Co., 216 B.R. 867 and 222 B.R. 644 (Bankr. M.D. Fla. 1998) (defense judgment on late-notice grounds); 251 B.R. 163 (awarding costs). Trial counsel for Fireman’s Fund in bankruptcy court litigation seeking coverage for asbestos bodily injury and asbestos property damage claims. The judgment in Fireman’s Fund’s favor was affirmed by the United States Court of Appeals for the Eleventh Circuit. In re Celotex Corp., 299 Fed. Appx. 850 (11th Cir. July 7, 2008).

Lexington Insurance Company v. Lil’ Drug Store Products, Inc., No. 1230008827, arbitration before JAMS. Represented insured in complex coverage litigation arising from underlying class action suit filed in California. The three judge panel ruled in favor of insured, based on under-developed Iowa coverage law regarding carrier’s right to reimbursement of defense costs.