Our people

John's practice concentrates in the insurance coverage area exclusively on behalf of policyholders.  John's clients range from Fortune 50 companies to small closely-held companies. He has been recognized by Chambers USA 2007-2010: America’s Leading Lawyers for Business as an "analytical and upbeat litigator with a great presence in the courtroom” and “first-class trial attorney.”

John has a wide variety of experience in the insurance coverage field.  He is co-lead counsel for many of the world's large financial institutions regarding mortgage crisis-related insurance issues.  He has also handled claims under directors and officers policies, fidelity bonds, first-party property policies and other liability insurance products, as well as prosecuting successfully bad faith claims against many of the large insurance organizations.  John has successfully obtained recoveries for environmental liabilities, asbestos related claims and other toxic torts.  In addition, he also regularly counsels his clients on insurance-related issues, spanning from structuring insurance programs to reviewing policy wording and related documentation. Over the past couple of years, John's clients have recovered in excess of $1.5 billion in insurance coverage for matters that were being contested by their insurance companies.

John's international practice involves appearing in courts and tribunals throughout the United States and in Europe. He has been lead counsel in some of the largest insurance disputes over the last decade. He also serves as a party-nominated arbitrator in many insurance arbitrations. He currently sits on the National Advisory Board for Mealey's Conferences and the Insurance Law Teleconference Advisory Board for Strafford.

In addition to his active practice on behalf of policyholders, John regularly lectures around the world on insurance coverage topics and has published numerous articles in national journals and periodicals. John has been rated "AV" by Martindale Hubbell.

Representative Matters

• Lead counsel in a coverage dispute over mass tort product liability claims where the client’s insurance was purchased through a captive that reinsured with a number of insurance companies.  The client successfully obtained coverage throughout the program’s different levels, some of which were negotiated settlements, partially litigated and then settled, and full awards after international arbitrations.

• Lead counsel in a mass tort dispute where the lower level coverage was purchased through a captive and catastrophe excess coverage was purchased direct from international insurers.  We successfully navigated the client through potentially conflicting issues between the captive coverage and the excess coverage so that recoveries were obtained at both levels without compromising either.

• Successfully represented client that had conflict with a captive insurer, and arranged to pursue coverage by recognizing the “commercial reality” of the arrangement and treating captive as a pass-through and proceeding directly against captive’s reinsurers.

• Lead counsel in precedent-setting decision allowing policyholder to "cut through" fronting captive arrangement and obtain cover directly from reinsurers based on "real-party-in-interest" to the original transactions.

• Co-counsel with other firms in pursuing coverage under multiple insurance programs for mass tort liability.  Acted as liaison between various firms and assisted in coordinating a successful global settlement of large portions of available coverage.

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Publications

• Co-author with Matthew D. Rosso, Hot Issues Concerning Professional Liability Insurance in the Construction World (paper presented at the BVR Legal/Mealey's Comprehensive Construction Defect Claims & Coverage SuperConference, November 5-7, 2008)
• Co-author with John Ellison and Richard Lewis, “Business Income and Other Time-Element Coverages: Issues Likely to Arise from the 2007 California Wildfires Claims,” The Insurance Coverage Law Bulletin (December 2007)
• Co-author with Robert Frankel, Insuring Real Property Businesses” (Insurance and Real Estate Series), Law Journal Press (2007)
• Co-author with Toki Rehder, ”Abandoned! Steps for Making Your Insurance Company Contribute to a Settlement,” Corporate Counsel (November 2007)
• Co-author with Nicholas Insua, ”More than Floods and Wind, Louisiana Courts Continue to Get it Right on the so-called “Pollution Exclusion,” Environmental Claims Journal, (November 2007)
• Co-author with Nicholas Insua, “Expect Resistance To Global Warming Insurance Claims,” Executive Counsel (September/October 2007)
• Co-author with Ellen Bailey, “Bad-Faith Basics,” Trial (August 2007)
• Co-author with Timothy Law and Luke Debevec, “Nothing to Lose: An Insurance Company’s Duty of Good Faith and Fair Dealing, Punitive Damages, and The Legacies of Campbell,” Environmental Claims Journal (2007)
• Co-author with Pamela Hans, “How to Create the Calm Before (and After) the Storm,” Ethanol Producer Magazine (July 2007)
• Co-author with Toki Rehder, “Property And Liability Insurance Covers Many Computer-Related Losses,” Mealey’s Litigation Report (June 2007)
• “Katrina’s Aftermath: Sorting Through The Rubble Of Coverage – Denials By The Industry,” Mealey’s Litigation Report (February 2007)
• Co-author with Darin McMullen and Frederick Pettit, "Are You Getting What You Expected (And Paid For)? The Reasonable Expectations of Insurance Policyholders, and the Need for Courts to Enforce Them, Including After Hurricane Katrina," Coverage (January/February 2007)
• Co-author with Timothy Law, "Alleged Violations of Laws Protecting Privacy, Will Your General Liability Insurance Pay?," The Privacy & Data Security Law Journal (April 2007)
• "The Top 10 Insurance Tips for Corporate Executives," Executive Legal Advisor (Fall 2006)
• Co-author with Nicholas Insua, "Bermuda Policies’ So-Called “Pollution Exclusions” May Not “Cause” You To Lose Coverage," Corporate Counsel (November 2006)
• Co-author with Darin McMullen, “The Rumors of Demise Have Been Greatly Exaggerated; The Insurance Industry’s Overstated ‘Success’ in Leonard v. Nationwide Mutual Ins. Co,” Lexis Nexis Mealey’s Litigation Report Catastrophic Loss, Vol. 1, No. 12 (September 2006)
• Co-author with Jackie Taylor, "Notice Under Stop-Loss Policies: Don't Take 'It's Late' For An Answer!," Self-Funding Advisor (Summer 2006)
• "The Top 10 Insurance Tips for Corporate Law Departments," GC Mid-Atlantic (May 2006)
• "Cover the Call: Coverage for Violations for the TCPA," Insurance Coverage Law Bulletin (April 2006)
• Co-author with Jocelyn Gabrynowicz and Jackie Taylor, "Texas Court Grants Insurers Right of Reimbursements: In Coverage Disputes, Insurer Can Sue Policyholder to Recover Settlements,” Business Insurance (February 6, 2006)
• Co-author with Nicholas Insua, "Get Sharp on Your Business Interruption Insurance, " The Journal of South Mississippi Business (January 2006)
• Co-author with Jocelyn Gabrynowicz and Jackie Taylor, "Hedging Bets with Policyholders’ Money,” Corporate Counsel (January 2006)
• Co-author with Timothy Law, "Policyholders Demonstrating Third-Party Beneficiary Rights Granted Direct Access to Reinsurance Proceeds Under Facultative Contracts,” The Insurance Coverage Law Bulletin (December 2005/January 2006)
• Co-author with Timothy Law and Nicholas Insua, "2.4 Million Verdict Reinstated Against Corporation Retained to Perform Insurance Services,” The Insurance Coverage Law Bulletin, (December 2005)
• Co-author with Nicholas Insua and Jocelyn Gabrynowicz, "Securing Insurance Coverage for Mold Claims Following Hurricanes Katrina and Rita,” Corporate Counsel (December 2005)
• Co-author with Richard Lewis and Nicholas Insua, "Don’t Let’em Fool Ya: Bermuda Policies’ So-Called 'Pollution Exclusions' May Not Bar Coverage for Liabilities Involving Petroleum and Chemical," riskVue
• Co-author with Frederick Pettit, "But You Said You'd Protect Me: A Vendor's Perspective on Vendors Endorsements," riskVue (June 2005)
• Co-author with Timothy Law and Jackie Taylor, "Getting the Most Out of Insurance Dividend Plans," The Insurance Coverage Bulletin (June 2005)
• Co-author with Richard P. Lewis and Nicholas Insua, "Zurich v. ABM Industries, Inc.: Second Circuit Confirms Broad Reach Of Business Income Coverage," Corporate Counsel (May 2005)
• Co-author with Nicholas Insua, "Bermuda Policies' So-Called 'Pollution Exclusions' May Not Bar Coverage for Liabilities Arising from Product Defects and Claims Involving Production Practices," Environmental Claims Journal (Spring 2005)
• Co-author with Shruti Engstrom, "You Said You’d Pay: The Myth of Pre-Tender Defense Costs," The Insurance Coverage Law Bulletin (September 2004)
• Co-author with Kevin Dreher, "The 'Deemer' Clause: Another Undisclosed Effort To Limit Coverage," Corporate Counsel (July 2004)
• Co-author with Robert Frankel and Kevin Dreher, "We Didn’t Really Mean 'Intentional': Structural Ambiguity Created by 'Personal Injury' Coverage,"The Insurance Coverage Law Bulletin (March 2004)
• Co-author with John Nevius, "Environmental Law: You Should Be Covered for Natural Resource Damages," New Jersey Law Journal (February 2, 2004)

Speeches / Presentations

• “Recent Developments in the Law Regarding the ‘Absolute’ and ‘Total’ Pollutions Exclusions, the ‘Sudden and Accidental’ Pollution Exclusion and Treatment of the ‘Occurrence’ Definition, ALI-ABA Environmental Insurance Course of Study, Boston, MA (May 8-9, 2008)
• “Recent Developments in First Party Coverage for Catastrophic Risks,” Practising Law Institute Program—Insurance Coverage 2008: Claims Trends & Litigation, New York, NY (April 28-29, 2008) and Chicago, IL (May 19-20, 2008)
• “Subprime Lending Crisis—How Insurance Coverage Should Reduce The Direct Fallout,” Strafford Publications Insurance and the Subprime Credit Crisis Teleconference (April 29, 2008)
• “Real Estate: A Primer On Insurance,” Professional Education Broadcast Network Insurance For Real Estate Deals Teleseminar (March 18, 2008)
• “Climate Change and Insurance: Anticipating Liabilities and Coverage Risks,” Strafford Legal Teleconference Program (February 27, 2008)
• “The Subprime Crisis: Emerging Litigation Trends and Insurance Issues,” Reed Smith Credit Crisis and Fallout Teleseminar (February 20, 2008)
• “Bad Faith Discovery: A Pragmatic Path For Policyholders,” American Conference Institute Bad Faith Litigation Conference, Miami, FL (November 7-8, 2007)
• “The Legal Basis and Techniques for Suing a Third Party Administrator or Insurance Carrier for Claims Handling Malpractice,” SRMC Fall Conference, Captiva Island, FL (October 18, 2007)
• “Hurricane Katrina Litigation Update/Business Interruption Insurance/Quantification Issues,” 10th Annual Policyholder Advisor Conference, New York, NY (September 18, 2007)
• “Hurricane Coverage and Other Disasters Insurance Seminar,” Hyatt Regency, Houston, TX (June 22, 2007)
• “Additional Insured Coverage: Is Your Business Really Protected?,” Philadelphia, PA (June 21, 2007)
• “Employment Practices Liability Insurance and Top Ten Insurance Tips for In-House Counsel and Senior Management,” Association of Corporate Counsel’s South Florida Chapter Meeting, Miami, FL (April 5, 2007)
• “Top Ten Tips for Corporate Law Departments,” Delaware Valley ACCA March Meeting, King of Prussia, PA (March 8, 2007)
• “Reservation of Rights and Duty to Defend,” American Conference Institute 3rd Forum, New York, NY (January 25, 2007)
• “Litigation and Legislation Stemming From Recent Catastrophic Events,” Mealey’s 5th Annual Advanced Insurance Coverage, The Rittenhouse Hotel, Philadelphia, PA (January 22, 2007)
• “Hot Legal Issues Facing Risk Managers,” Delaware Valley RIMS Chapter Meeting, Conshohocken, PA (January 8, 2007)
• “Recent Decisions Regarding Punitive Damage,” ACI’s Annual Forum, Miami, FL (November 9-10, 2006)
• “Additional Insured Coverage: Is Your Business Really Protected?,” Stafford Publications Teleconference, Atlanta, GA (October 31, 2006)
• “Gulf Coast Hurricane Update – The Insurance Company’s Response,” National Association of Public Insurance Adjusters, Cambridge, MA (October 20, 2006)
• “Business Income and Other Time Element Claims,” Memphis Risk Insurance Management Society Chapter Meeting, Memphis, TN (October 12, 2006)
• "Current Trends in Insurance Coverage for Real Estate and Construction Exposures," 9th Annual Policyholder Advisor Conference, Philadelphia, PA (September 15, 2006)
• "First Party Property/Business Interruption in the Wake of Katrina/Rita/Wilma," 9th Annual Policyholder Advisor Conference, Philadelphia, PA (September 15, 2006)
• "How Insurance Can Solve Employee Problems," The Legal Intelligencer and Anderson Kill, Philadelphia, PA (June 27, 2006)
• "Mealey’s Catastrophic Loss Conference," Amelia Island, FL (June 8, 2006)
• "Current Trends in Insurance Coverage for Real Estate and Construction Exposures," 9th Annual Policyholder Advisor Conference, Chicago, IL (June 1, 2006)
• "ACC South Florida Chapter Presents Maximizing Insurance to Minimize Disaster Consequences," Dania Beach, FL (May 18, 2006)
• "Mealey’s Catastrophic Loss Conference," Amelia Island, FL (May 8, 2006)
• "Business Interpretation Insurance Since Sept. 11," Stafford Publications Teleconference (April 20, 2006)
• "Business Interruption Claims Analysis Teleconference," Mealey's Hurricane and Natural Disaster Conference Series (April 11, 2006)
• "Business Income/Contingent Business Income/Other Time Element Claims," Katrina/Rita/Wilma Damages: Recouping Your Losses With An Aggressive Insurance Recovery Program, New Orleans, LA (March 30, 2006)
• "Catastrophic Event Insurance Claims: Response, Management and Resolution," American Conference Institute, New York, NY (March 2006)
• "Facing the Katrina Insurance Crisis: Strategies for Managing the Emerging Risks and Liabilities," Strafford Publications Teleconference (December 7, 2005)
• "Offensive Ploys and Defensive Plays for Resolving Coverage Disputes: Winning Strategies for ADR and Litigation," American Conference Institute, Flatotel, NY (December 5 & 6, 2005) (co-chair)
• "Punitive Damages Post-Campbell: Using Recent Decisions to Your Client's Advantage," American Conference Center, 12th Advanced National Forum On Bad Faith And Punitive Damages, Miami, FL (November 15-16, 2005)
• "Business Income/Contingent Business Income/Other Time-Element Claims," AKO Conference: Katrina/Rita Damages Recouping Your Losses With An Aggressive Insurance Recovery Program, Houston, TX (November 9, 2005)
• "Number of Occurrences: Separate or Single? Hurricane, Food, Looting, Loss of Power," Mealey's Catastrophic Loss Conference: Business Interruption & Impact On The Insurance Industry, Las Vegas, NV (October 27-28, 2005)
• "Hurricane Katrina: Impact on Insurance/Reinsurance Industries," Mealey's Catastrophic Loss Teleconference (October 6, 2005)
• "An Advanced Building-Block Approach to Assembling Rock-Solid Cases," Mealey's Bad Faith Litigation Conference, Philadelphia, PA(September 26-27, 2005)
• "Bad Faith and Punitive Damages, The Policyholder's Guide to Bad Faith Insurance Coverage Litigation and Recent Developments in the Law Regarding the 'Absolute' and 'Total' Pollution Exclusions, the 'Sudden and Accidental' Pollution Exclusion and Treatment of the 'Occurrence' Definition," 6th Annual Advanced ALI-ABA Course Of Study Environmental Insurance: Emerging Issues And Latest Developments On The New Coverage And Insurance Recovery, ALI-ABA, Washington, DC (June 16, 2005)
• ”ERIN GO CLE,” presented by the University of Tennessee College of Law, a 15-hour CLE Seminar conducted in Ireland, two sessions as moderator and presenter on International Arbitration (April 23 through May 1, 2005)
• "The ABC's of an Insurance Law J.D.," RIMS 2005 Annual Conference & Exhibition, Philadelphia, PA,(April 17-21, 2005)
• "An Insurance Company's Duty of Good Faith and Fair Dealing Through Litigation and Beyond," American Conference Institute Bad Faith And Punitive Damages Conference, San Francisco, CA (April 11-12, 2005)
• "What Every Insurance Professional Should Know About Insurance Coverage," 22nd Annual Atlanta RIMS Chapter Educational Conference, Atlanta, GA (February 3-4, 2005)
• "Maximizing Business Income Insurance Coverage," Westchester CPCU Chapter, Westchester Community College Center for Insurance Education, Westchester, NY (September 30, 2004)
• "The Sarbanes-Oxley Act And Its Insurance Coverage Implications," Lorman Education Services, Philadelphia, PA (June 30, 2004)
• "Recent Developments In The Law Regarding The 'Absolute' and 'Total' Pollution Exclusions, The 'Sudden and Accidental' Pollution Exclusion and Treatment of the 'Occurrence' Definition," 4th Annual Advanced ALI-ABA Environmental Course Of Study – Environmental Insurance: Emerging Issues & Latest Developments On The New Coverage And Insurance Cost Recovery, ALI-ABA, Chicago, IL (June 17-18, 2004)
• "But You Said You Would Protect Me: A Vendor’s Prospective on Vendors Endorsements," Mealey’s Additional Insured Conference, Boston, MA (May 24-25, 2004)
• "Reinsurance Protection: How Policyholders Get It," 41ST Annual RIMS Conference And Exhibition, San Diego, CA (April 18-22, 2004)
• "Broker and Third Party Administrator Liability Issues," Mealey’s Advanced Insurance Coverage Conference Top 10 Issues, Philadelphia, PA (January 29-30, 2004)

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• New York
• Pennsylvania
• District of Columbia

Court Admissions

• U.S. District Court - Eastern District of Pennsylvania
• U.S. District Court - Middle District of Pennsylvania
• U.S. Court of Appeals - District of Columbia Circuit
• U.S. Court of Appeals - Third Circuit
• U.S. District Court - Southern District of New York
• U.S. District Court - Western District of Pennsylvania
• U.S. District Court - Western District of Michigan
• U.S. District Court - Eastern District of Michigan
• U.S. District Court - Eastern District of Louisiana
• U.S. District Court - District of Nebraska
• U.S. Court of Appeals - Fifth Circuit
• U.S. Court of Appeals - Fourth Circuit
• U.S. Court of Appeals - Ninth Circuit
• U.S. Court of Appeals - Second Circuit
• U.S. Court of Appeals - Sixth Circuit
• U.S. Supreme Court

Professional Affiliations

• The District of Columbia Bar
• Philadelphia, New York State and American Bar Associations

Awards, Honors, Recognitions

• Chambers USA: America's Leading Lawyers for Business (2007-2009)
• Pennsylvania Super Lawyers (2006-2009)
• The Best Lawyers in America in the area of Insurance Law (2010)