Luke E. Debevec

Luke’s practice includes representation of policyholders with complex insurance transactions, negotiations regarding insurance policy terms and conditions, and resolution of coverage disputes with insurance companies and captive reinsurers across the country and internationally. Luke frequently counsels clients about their insurance programs, policy renewals, contractual insurance and indemnification requirements, risk management, and claims procedures.

Luke has litigated, arbitrated, and settled numerous types of insurance, captive insurance, and reinsurance disputes:

London, Bermuda, and domestic arbitrations, including disputes based on the Bermuda Form
Environmental pollution and contamination claims arising from historic industrial contamination, oil and chemical spills and leaks, pipeline ruptures, fires, explosions, and railroad derailments
False Claims Act litigation, governmental investigations, and “whistleblower” claims
Employment and workplace liabilities
Product liability litigation and product recalls
Liabilities faced by hospitals, pharmaceutical companies, and health care organizations
Claims against churches and religious or civic organizations
Civil rights cases and other municipal and governmental liabilities
Claims against private companies providing services for local governments, including probation, prison, medical, or educational services
Claims against directors and officers, including securities litigation and disputes regarding the trigger of coverage under multiple policy periods
Fidelity and commercial crime losses, including forgery, theft, and disappearance claims
Claims arising from complex financial instruments and real estate transactions
Claims of debtors and trustees in bankruptcy proceedings
First-party property losses and business interruption claims, such as those arising from fires, explosions, landslides, floods, storms, and contamination
Claims involving additional insureds, insured contracts, loss payees, certificates of insurance, and contractual indemnity agreements

Luke has won significant insurance matters through litigation and arbitration, but frequently resolves his clients’ problems without the need for these mechanisms. He has argued before various state and federal trial courts. He has helped policyholders and their captives to recover hundreds of millions of dollars from their insurance and reinsurance companies. Luke also frequently counsels policyholders and captives concerning their insurance programs and policy wording, risk management for corporate transactions, claims analysis, and strategies for maximizing loss recoveries.

Luke is a co-founder and board member of LEADRS (Looking for the Excellence and Advancement of Disabled Individuals at Reed Smith), a culture and engagement group supporting attorneys and employees with disabilities and mental and physical health conditions of all types.

In his pro bono capacity, Luke frequently writes amicus curiae briefs on behalf of United Policyholders to provide the perspective of policyholders regarding contested insurance coverage disputes in state and federal appellate courts across the country. He has represented dozens of transgender clients pro bono in name change proceedings, taught courses for the Name Change Project, and formed and led a trial and appellate team that successfully challenged restrictions on his clients’ rights to change their names under the Pennsylvania Constitution.

Experience

Representative matters

Represented policyholders and lenders in transactions and claims involving negotiation and recovery of hundreds of millions of dollars of insurance protection for financing and loan risks, collateral risks, contingent risks, litigation risks, tax risks, and contractual requirements

Lead counsel in successful U.S. arbitration regarding business interruption and lost bookings of hotel business during COVID-19 pandemic

Sapa Extrusions, Inc. v. Liberty Mutual Insurance Co., No. 18-2206 (3d Cir. 2019) (agreeing with manufacturer that subjective elements of definition of “occurrence” provide potential coverage for allegations of faulty workmanship, product liability and breach of contract)

Representative Experience

Lead counsel in successful U.S. arbitration regarding business interruption and lost bookings of hotel business during COVID-19 pandemic

Vaughan Regional Medical Center, LLC et al. v. Steadfast Insurance Co., No. 16-238-BC (Tenn. Chancery Ct. Feb. 9, 2017) (agreeing on summary judgment with policyholders’ interpretation of “Medical Incident” so that alleged injuries to multiple plaintiffs arising from multiple surgeries may be aggregated/batched rather than subjected to numerous retentions/deductibles)

Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 39 MAP 2014 (Pa. Dec. 15, 2014) (concluding that policyholders are permitted under Pennsylvania law to settle claims by assigning to plaintiffs and other claimants their rights to statutory bad faith claims against their insurance companies, relying in part on amicus curiae brief submitted by United Policyholders)

Certain Underwriters at Lloyd’s London v. United States Steel Corp., No. GD-12-000409 (Pa. C.C.P. Allegheny Cty. Dec. 11, 2014) (denying insurers’ motions for summary judgment based on existence of factual issues regarding issues of regulatory estoppel and trade usage relating to coverage for historic environmental liabilities of major steel corporation under policies containing the NMA 1685 “industries, seepage, pollution and contamination clause” pollution exclusion)

U.S. Fire Ins. Co. v. City of Warren, No. 10-cv-13128 (E.D. Mich., July 25, 2012) (granting City’s motion to stay declaratory judgment case concerning insurance coverage for defense and resolution of active underlying class action after three of four insurers agreed to defend City)

U.S. Fire Ins. Co. v. City of Warren, No. 10-cv-13128 (E.D. Mich., June 14, 2012) (denying insurers’ motions to compel attorney-client privileged documents and attorney work product from underlying case and rejecting insurers’ arguments based on “cooperation” clause and “at issue” doctrine)

Chicago Insurance Company v. Health Care Indemnity Inc., No. 3:09-cv-00659 (S.D.W.Va., Jan. 31, 2012) (granting summary judgment in its entirety to captive of large hospital corporation sued by traditional insurer in insurance contribution matter)

Sterling Heights v. United National Insurance Co., 319 Fed. App'x. 357, 2009 WL 823634 (6th Cir. 2009) (affirming entry of summary judgment and damages award to City for allocated portion of defense and settlement costs incurred in globally resolving both covered and uncovered underlying claims made in separate state and federal litigations)

Midlantic Foods, Inc. v. AFA Protective Systems, Inc., No. 04518 (C.C.P. Phila., Nov. 19, 2009) (granting plaintiff’s motion for sanctions, including attorneys’ fees, costs and adverse inference/spoliation instruction at trial)

Simon Wrecking Co. v. AIU Insurance Co., 530 F. Supp. 2d 706 (E.D. Pa. 2008), revised on reconsideration, 541 F. Supp. 2d 714 (defining regulatory estoppel doctrine for cases involving “sudden and accidental” pollution exclusion and denying insurer’s request for summary judgment in coverage suit for costs of environmental damage caused by recycling operations and disposal of chemicals)

Recognitions

Selected through peer review for inclusion in The Best Lawyers in America© for Insurance Law, 2024-2025. The Best Lawyers in America© is issued by Best Lawyers. A description of the selection methodology can be found at bestlawyers.com.*
Named a 2019 Pennsylvania Trailblazer by The Legal Intelligencer for his work co-founding LEADRS, a Reed Smith affinity group focused on attracting, supporting, and promoting attorneys with disabilities of all types, physical and mental, and his pro bono efforts for the Philadelphia Name Change Project. The Trailblazers list is issued by The Legal Intelligencer. A description of the selection methodology can be found at law.com/legalintelligencer.*
Won Influencers of Law recognition from the Philadelphia Inquirer, 2019. The Influencers of Law list is issued by The Philadelphia Inquirer. A description of the selection methodology can be found at inquirer.com.*