Colleen P. Sorensen is a commercial litigator who has devoted the past fifteen years of her practice to insurance coverage and appeals. She represents insurance companies in coverage litigation in federal and state courts at both the trial and appellate court levels. Colleen has significant experience litigating long-tail asbestos and environmental claims. Over the last several years, she has also litigated multiple matters involving coverage for claims against bankrupt insureds and life science risks, including hip implants, prescription opioids, NMDA contamination and IVC Filters. Colleen also works on a wide range of appellate matters.
In addition to litigating coverage disputes and prosecuting appeals, Colleen regularly advises companies regarding coverage matters outside the litigation context. She has authored a broad range of coverage opinions, analyzing coverage for claims under commercial general liability (occurrence-based and claims-made), professional liability, product liability, pollution legal liability, public entity liability, and Bermuda forms. She also advises clients regarding time-limited demands for policy limits and bad faith claims.
Representative Matters |
Confidential Arbitration (2024). Currently represents an insurer in an arbitration regarding coverage for opioid lawsuits under a D&O policy. D.A. Davidson & Co. v. Slaybaugh on behalf and for the benefit of The Whitefish Masonic Lodge 64 and Grand Lodge of AF & AM of Montana, 2024 MT 264. Obtained a ruling from the Montana Supreme Court, affirming the trial court's decision to dismiss an individual's attempt to assert claims on behalf of a dissolved lodge of a fraternal organization for lack of standing. Brown v. Olde Fashioned LLC, CA-CV-23-0763 (Ariz. Ct. App. Sept. 24, 2024). Obtained a ruling from the Arizona Court of Appeals, affirming the trial court's dismissal of a dram shop claim as barred by the statute of limitations despite plaintiffs' attempt to rely on the discovery rule to stay statute of limitations during pendency of related criminal case. KVK-Tech, Inc. v. Navigators Specialty Ins. Co., No. 1:21-CV-286-KD-N, 2021 WL 6092463 (S.D. Ala. Dec. 23, 2021), affd, No. 22-10245, 2023 WL 6154384 (11th Cir. Sept. 21, 2023). Obtained judgment on the pleadings in favor of Navigators based on KVK-Tech's untimely tender of hundreds of underlying lawsuits against it, arising out of its manufacture and distribution of generic opioids, and successfully defended the judgment on appeal. Amneal Pharmaceuticals, Inc. v. Certain Underwriters at Lloyd’s London, No. SOM-L-761-23 (N.J. Sup. Ct. 2023), Currently represents an insurer in a declaratory judgment action brought by the alleged successor of its insured, seeking coverage for underlying opioid lawsuits. Blankenship v. Endo Int’l plc (In re Endo Int’l plc), Bankr. Case No. Case No. 22-22549, Adv. Pro. No.: 23-07007 (JLG) (Bankr. S.D.N.Y 2023). Represented multiple insurers in an adversary proceeding brought against them by an underlying claimant in the insured’s bankruptcy. Confidential Pre-Suit Mediation (2023). Represented an insurer in a dispute regarding allocation of IVC Filter claims under a series of life science products-completed operations policies. Westfield Ins. Co. v. Dynacom Mgmt., Inc., No. 2015-CH-10596 (Cir. Ct., Cook Cnty., Chancery), of 'd 2022 IL App (1st) 191804-U, leave to appeal denied, No. 128701 (III. Sept. 28, 2022). Obtained judgment after a bench trial that entitled her client to additional insured coverage under plaintiff's policy and successfully defended the judgment on appeal. Avrio Health L.P. v. AIG Specialty Ins. Co. (In re Purdue Pharma LP.), Bankr. Case No. 19-23649-SHL, Adv. Case No. 21-07005-SHL (Bankr. S.D.N.Y. 2021). Currently represents multiple insurers in a coverage action brought by Purdue Pharma, L.P., and certain of its affiliates, seeking coverage for thousands of opioid lawsuits against it. Confidential Pre-Suit Mediation (2021). Represented an insurer in a dispute regarding coverage for MTBE claims under Bermuda form policies. Mission Coal Wind Down Co. v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 2:20-cv-00302 (S.D. W. Va. 2020). Represented an insurer in a dispute regarding coverage for claims arising out of a mining accident under a policy issued to the underlying defendant’s alleged predecessor and the insured’s subsequent bad faith claim. Navigators Specialty Ins. Co. v. Depomed, Inc., 4:19-cv-00255-HSG (N.D. Cal. 2019). Represented an insurer in a dispute over coverage for opioid claims under a series of claims-made life science product liability policies. CNA Fin. Corp. v. Certain Underwriters at Lloyds, London, 2017-CH-09627 (Cir. Ct. Cook Cnty., IL Chancery 2017). Represented an insurer in a dispute with its fidelity insurer regarding coverage for its underwriter’s embezzlement of policy premium. Wausau Underwriters Ins. Co. v. The Cincinnati Ins. Co., 1:17-cv-05952 (N.D. III. 2017). Represented an insurer in a dispute regarding coverage under an excess liability policy for a catastrophic personal injury claim. United States v. Berry, 565 F.3d 385, 389 (7th Cir. 2009) (represented indigent defendant on appeal of his criminal conviction). Walker v. Sheahan, 526 F.3d 973, 975 (7th Cir. 2008) (represented indigent plaintiff in civil rights case and obtained reversal of the trial court’s grant of summary judgment against him). |