John is an insurance recovery litigator who has represented policyholder clients in all aspects of insurance recovery litigation, including environmental, product liability, directors and officers, business interruption and property damage insurance coverage litigation. He has written articles and lectured extensively on insurance coverage issues.
John has been recognized by Chambers USA as a "'real team player' who is known for his extensive knowledge and experience in representing clients in insurance coverage and bankruptcy cases.” In addition, Chambers USA recognized John by saying "Berringer is held to be one of the regions foremost authorities on insurance matters, with expertise across a wide range of issues."
John has been rated "AV" by Martindale Hubbell.
Representative matters in which John has served as counsel include the following:
Environmental Insurance Coverage
- Lead counsel on environmental insurance coverage case against numerous insurance companies; successfully negotiated settlement with primary insurer providing coverage from the 1940s to 1977, as well as excess and umbrella insurance companies.
- Successfully negotiated settlement of action seeking insurance coverage for liability at cleanup site in Connecticut.
- Successfully negotiated settlement of actions seeking insurance coverage for cleanup sites in New York and Georgia.
- Successfully negotiated settlement of action seeking insurance coverage for cleanup site in Atlanta, Georgia under environmental "Cleanup Cost Cap" insurance policy.
- In addition to these cases, where Mr. Berringer has served as lead counsel, he has been a member of the litigation teams on the FMC, Monsanto, Witco and Coors environmental insurance coverage litigations.
Construction Defects Insurance Coverage Litigation
- Lead counsel in insurance coverage action in Michigan involving 180-home subdivision in Colorado; has also advised client on insurance coverage issues involving subdivisions in Maryland, Florida and Texas.
Insurance Coverage for Employer’s Liability
- Successfully litigated $3 million claim for insurance coverage for age-discrimination liability; won summary judgment at trial court, which was fully sustained on appeal.
Insurance Coverage for Trademark Infringement
- Successfully litigated claim for insurance coverage for trade dress infringement through to final judgment, which was affirmed on appeal.
- Lead counsel in insurance coverage action involving claims of trade dress infringement (settled).
First Party Insurance Coverage
- Successfully negotiated settlement of this insurance action seeking recovery for losses to Panamanian subsidiary sustained during U.S. invasion of Panama.
Bankruptcy and Restructuring
- Lead litigation counsel to the designated members of the official committee of unsecured creditors, representing the interests of the bondholder and trade creditor members of that committee, and their constituencies, with respect to intercreditor issues in the Owens Chapter 11.
- Lead litigation counsel in connection with contested Contested Plan Confirmation hearings involving El Commandante race rack in Puerto Rico.
- Successfully defeated two competing plans of reorganization and won confirmation of plan supported by clients.
ERISA and Pension Litigation
- Represented Trustee of ERISA pension plan in successfully arguing to the U.S. Supreme Court that pension funds held in an insurance company’s general account were subject to ERISA’s fiduciary rules.
- Represented pension plan seeking recovery against insurance company for breach of fiduciary duties and breach of contract; successfully negotiated a settlement of the action before trial.
- Successfully settled case against life insurance company in connection with the sale of "vanishing premium" key man life insurance.