Representative Matters

Gage County v. Nebraska Intergovernmental Risk Management Association, Case No. CI 17-0339 (Lancaster County, NE)  In a matter of first impression, obtained ruling for excess insurers that the date six wrongfully incarcerated individuals were first charged was the single date triggering their constitutional injuries, and that continuing constitutional wrongs into later insurance periods did not trigger new insurance for the $28.1 million malicious prosecution judgment.

Nooter Corporation v. Allianz Underwriters Ins. Co., 536 S.W.3d 251 (Mo. App. E.D. 2017) Successfully represented insurer in appeal to the Missouri Court of Appeals, which reversed trial court’s rulings that insurer had a duty to defend and must pay defense expenses in addition to policy limits.

Westport Insurance Corporation v. City of Waukegan, et al., 2017 WL 4046343 (N.D. Ill.) Achieved summary judgment ruling that insurer had no duty to defend or indemnify with regard to $8 million claim involving wrongfully incarcerated inmate whose second conviction took place during insurer’s policy period.

J.P. Morgan Securities Inc. v. Vigilant Ins. Co., Index No. 600979/09 (N.Y. Sup. Ct.) Successfully defended insurer in declaratory judgment action seeking coverage under Financial Institution E&O policy.

Presentations

ARIAS-U.S. Educational Seminar, Public nuisance: PFAS/AFFF, opioids, and lead paint (March 29, 2023)

PFAS: The "Forever Chemicals" Seminar, London (April 5, 2022)

Wrongful Conviction:  Practical Defense Tips and Coverage Analysis, CLM Southeast Conference (November 9, 2018)

Insurance Workshop: Practical & Ethical Handling of Insurance Issues (IICLE, January 25, 2018). Moderated the day-long conference addressing the life of an insurance claim, emerging issues presented by opioids, concussions, 3D printing, drones and cyber security, as well as time-honored issues such as the duty to settle, independent counsel, and preserving coverage defenses.  Presented on the life of an insurance claim and issues relating to opioid and concussion claims.

America On Opioids: The Issues, The Claims, and The Coverage (Perrin Conferences, October 17, 2017)

Transition from Primary to Excess Coverage: Effortless Step or Grand Canyon Leap?, ABA Section of Litigation, Insurance Coverage Litigation CLE Seminar (March 5, 2015)

ARIAS-U.S. Intensive Arbitrator Training Workshop, Tarrytown, N.Y. (March 2008)

Publications

"Liability Insurance Outlook For Opioid Public Nuisance Claims" Law 360 Insurance, Expert Analysis (April 22, 2020)

“What Conn. Opioid Ruling Means for Liability Insurers” Law 360 Insurance, Expert Analysis (January 15, 2019)

“Big Pharma Faces Insurance Hurdles in Opioid Suits” Law360 Insurance Newsletter (November 8, 2017)

"The Opioid Epidemic: As the Pharmaceutical Industry Is Targeted, Will It Be Covered by Insurance?" Mealey's Emerging Insurance Disputes (July 6, 2017)

"Senate Bill May Force Rise in Suits for Opioid Funding," Law360 Insurance, Expert Analysis (June 27, 2017)

"The Next Frontier in Tort Reform:  Promoting the Financial Solvency of Nursing Homes." 11 ELDER L.J. 361 (2003)