Recovered more than $150 million in settlements for business interruption and property damage losses arising from Winter Storm Uri damage to manufacturing facility.
Secured more than $100 million in insurance coverage for losses arising from property damage at a natural gas pipeline construction project.
Won summary judgment on behalf of the largest manufacturer of exterior building products in North America in coverage litigation arising from an alleged $600 million shareholder derivative action, securing full coverage for the defense and settlement of the lawsuit.
Won summary judgment rulings on liability and damages under a well control insurance policy securing full coverage limits, penalties under the Texas Insurance Code, and past and future attorneys fees, for losses arising from a well-out-of-control event.
Won summary judgment on liability and damages against a D&O insurer, securing full coverage for a judgment entered against policyholder for negligent misrepresentation, breach of contract, and fraud.
Assisted in negotiating and drafting one of the largest ever specific litigation risk insurance policies for a leading offshore drilling contractor, which provided limits of $640 million to insure our client’s arbitration award.
Defeated insurer motion for summary judgment on application of the “absolute” pollution exclusion to three lawsuits seeking the remediation of MTBE contamination in the groundwater of New Jersey, Pennsylvania and Maryland, successfully arguing that MTBE did not qualify as a “pollutant” under governing New York law.
Won summary judgment in favor of manufacturer against its insurers for the defense and indemnification of legacy CERCLA liabilities at the Lower Passaic River Study Area arising from former Thomas Edison battery manufacturing facilties. Litigation resolved two questions of first impression in New Jersey in favor of policyholder, namely: (1) whether a potentially responsible party letter constitutes a “suit” triggering liability for a general liability policy; and (2) whether the insurers could deny a duty to defend based on Burd v. Sussex Mutual, 56 N.J. 383 (N.J. 1970), in light of the New Jersey Supreme Court’s subsequent decisions in Flomerfelt v. Cardiello, 202 N.J. 432 (2010) and Abouzaid v. Mansard Gardens, 207 N.J. 67 (2011).
Won summary judgment in favor of an energy company client, defeating the insurer’s defenses based on contractual liability and fraud exclusions in a D&O insurance policy.
Obtained coverage for chemical manufacturer for CERCLA liabilities arising from the Ward Transformer Superfund Site, asserting claims for breach of contract, declaratory judgment, and bad faith.
Successfully represented agricultural chemical manufacturer against its insurer in litigation in Hamilton County, Florida seeking pollution coverage for environmental liabilities caused by Tropical Storm Debby.
Won summary judgment on behalf of policyholder securing insurance coverage for legacy CERCLA liabilities at the Standard Chlorine Superfund Site. Insurers appealed issue of whether the policyholder was entitled to coverage, notwithstanding anti-assignment clauses in the policies. On appeal the New Jersey Appellate Division affirmed the trial court’s ruling that the anti-assignment clauses did not bar coverage because the assignments in question occurred post-loss.
Won summary judgment on behalf of building products manufacturer in coverage litigation regarding construction liabilities.
Won summary judgment on behalf of manufacturer against its insurer in litigation in Marion County, Indiana in claim seeking coverage for legacy environmental liabilities arising from a former manufacturing facility in South Bend, Indiana.
Secured full recovery for one of the leading providers of plumbing and air-conditioning/heating services in the United States in a dispute with its insurer over contingent business interruption losses arising from Hurricane Harvey, the most significant rainfall event in United States history (Texas), and Hurricane Irma, the strongest storm on record to exist in the open Atlantic region (Florida).
Secured full coverage under a Builder’s All Risk policy for losses arising from collapse of client’s natural gas compressor station in Ohio.
Obtained coverage under a D&O Policy for the settlement of a False Claims Act suit against medical services client.
Won summary judgment on behalf of one of the “Big Three” pharmaceutical distributors on the issue of whether lawsuits asserted by state and local government entities related to the opioid crisis constitute suits seeking damages for bodily injury.
Won summary judgment on behalf of a leading real estate valuation provider in insurance coverage litigation under a professional liability insurance policy arising from a multi-million-dollar trade secret lawsuit.
Represent one of the leading senior living facilities in Dallas in connection with their Winter Storm Uri property damage and extra expense claims under its first party property policy.
Representing one of the leading owners and managers of hospitals in the U.S. in connection with business interruption losses arising from the Coronavirus pandemic.