Initiated a declaratory judgment action in Montgomery County, Pennsylvania involving an underlying claim by one insurance broker against another for copyright violations in connection with the theft of employee trade secrets taken from one broker and moved to another. In the trial court, Cozen O’Connor acted as lead counsel for a large group of insurers seeking a declaratory judgment action that the underlying copyright matter was not covered under the advertising injury section of the policies.
Engaged by an insurance regulator to assist in an examination of large group of insurance companies
Assisted insurers and producers with new product initiatives
Assisted insurers and producers with compliance issues and problems
Handled a Motion for Summary Judgment to dismiss an advertising injury coverage claim arising out of a $30 million copyright judgment widely reported out of the Eastern District as lead counsel for a large group of insurers.
Defended Fireman's Fund in a case where a U.S. Navy helicopter struck the antenna of South Texas Public Broadcasting's radio/television tower, resulting in the tragic death of three crew members. The tower was reported to be twisted but the Navy claimed there was no twist in the tower and the damage was limited to the antenna. The judgment was favorable for our client and they were awarded with only 25 percent depreciation to the replacement cost and almost 86 percent of the total loss.
Represented one of the world's largest insurance companies in a regulatory dispute adverse to the Washington Insurance Commissioner.
Counseled one of the largest insurance companies in the United States regarding whether they owed insurance coverage for systemic sex abuse claims brought against the Catholic Church.
Defended Washington county and its elected officials against claims of political corruption and violation of constitutional rights.
Defended approximately 600 personal injury, property, & gross negligence claims against refinery after explosion. Trial win in Big Spring, TX and key Dallas pre-trial rulings led to favorable global resolution of both plaintiff groups.
Secured summary judgment and appellate win for a major insurer against a claim that a judgment disgorging a $3M severance payment from the insured’s former officer was a covered “Loss.”
Secured dismissal through a special appearance and defeated an expedited appeal for a Florida entity that had contracted with a Texas corporation for goods & services.
Secured summary judgment & appellate win for a major U.S. insurer. The insured’s $16.5M settlement was found to be without the insurer's consent and, therefore, was not covered.
Assisted in defeating application to enjoin drawing on more than $60M in letters of credit as security for construction delay penalties at a Qatari petrochemical plant.
Represented a major U.S. insurer against a multi-million dollar flood loss claim concerning Houston's Bayou Place Entertainment Center.
Won trial defending a restaurant against negligent security, wrongful death, & dram shop claims arising from a fatal shooting.
Obtained dismissal of two cases at trial and on appeal against the same plaintiff for suits filed against an international manufacturer of nutritional supplement for false advertising.
Set aside default judgment entered against transportation company.
Set aside default judgment entered against hotel franchisee.
Obtained dismissal of two cases filed against the same trucking company by the same shipper.
Obtained summary judgment against plaintiffs who filed suit against the insurer of insured after default had been rendered against the insured.
Obtained summary judgment in the United States Fifth Circuit Court of Appeals on ERISA claim denial of NFL athlete.
Obtained final judgment on behalf of a manufacturer for breach of contract allegations.
Obtained dismissal of a lawsuit on behalf of hotel franchisor-client for allegations of negligence stemming from an incident at franchisee premises and allegations of agency relationship between franchisor and franchisee.
Represented carriers in coverage disputes where summary judgments favorably resolved the matters.
Defended carriers against hurricane claims involving commercial property damage and business interruption.
Oversaw matters involving landowner disputes against an energy client in the Marcellus Shale.
Represented an energy company in litigation involving personal injury claims.
Defended small business construction clients against contract and lien claims.
Acted for native regional and village corporations in Prince William Sound in the EXXON VALDEZ oil spill actions in state and federal court in Alaska.
Provided reinsurance advice to the Overseas Private Investment Corporation, a federal agency, in connection with several major transactions involving political risk insurance, including assistance in the structuring of a worldwide facility offering political risk, currency conversion and expropriation cover based in Bermuda.
Acted for several major carriers in asbestos and hazardous waste site coverage cases.
Acted for several large foreign reinsurers in connection with matters ranging from advice on treaty wording to litigation and arbitration involving first party property insurance, reinsurance of complex financial products, insurance-backed film financing, catastrophic business interruption losses, cargo and hull cover and health and medical reinsurance.
U.S. District Court for the Eastern District of Pennsylvania judgment on the pleadings regarding no coverage for "blast fax" claims, concluding that there is no coverage for the underlying allegations alleging violations of the Telephone Consumer Protection Act 47 U.S.C. Section 227 ("TCPA") precluding any subsequent bad faith causes of action.
U.S. District Court for Northern District of Texas grants summary judgment holding that notice after all appeals in underlying lawsuit are final constitutes late notice leading to no indemnification for underlying judgment and no extra-contractual damages for non-payment of judgment.
Affirmance of pre-discovery dismissal of medical service provider class action complaint alleging improper use of Ingenix data base in determining reasonable reimbursement rates under policy by U.S. Court of Appeals - Third Circuit.
Provided policy drafting advice to a large Swiss insurer.
Conducted internal assessments of our clients’ business
operations, systems, and needs, up to and including
negotiating insurance policy terms and protections, as well
as indemnity agreements with vendors and other service
and product suppliers.
Drafted first- and third-party cyber/tech/privacy policies,
endorsements and contracts for entities ranging from
European-based international funds and stock transfer
systems to small businesses in all sectors spanning the globe.
Advised clients on coverage under all first-party and
third-party lines of insurance, including Internet, information
technology, multimedia, fidelity/crime, commercial general
liability, professional services, property and all-risk forms.
Handled claims involving Internet security, privacy,
theft of confidential data, website content, unfair
competition, antitrust, advertising and intellectual
Evaluated, created and implemented breach
prevention and systems protection.
Provided crisis management arising from unauthorized
intrusions into clients’ computer systems.
Granted dismissal on summary judgment by trial court in an $80 million aviation coverage suit filed against our client, a global leader in aviation and aerospace insurance, following three unsuccessful motions filed by our client's previous counsel.
Affirmance of Delaware U.S. District Court’s grant of summary judgment to insurer on $4 million plus fire/fraud and bad faith case based upon false loss of rents claim and ongoing tenancy misrepresentations in proof of loss to avoid the vacancy exclusion by of U.S. Court of Appeals - Third Circuit.
Persuaded a North Texas judge to grant a motion to transfer a venue to South Texas on behalf of a South Texas hotelier due to the hotel owner's extensive business operations in and the management company's frequent travels to South Texas.
Represented insurance clients in bankruptcy matters, including (1) obtaining relief from the “automatic stay”, (2) defending avoidance actions (alleged preferential and/or fraudulent transfers), filing proofs of claims, (3) monitoring progress of Chapter 11 Reorganization efforts, and (4) determination of estate’s interest in insurance policy and/or its proceeds.
Favorable settlements on four “med pay” class actions in Madison County, Illinois and Arkansas.
U.S. District Court in Tennessee dismissal of bad faith claim in first party apartment roof failure because insured failed to make timely demand under requirements of statutory notice under Tennessee law.
U.S. District Court for the Southern District of Ohio summary judgment in bad faith arson case.
Philadelphia County Common Pleas Court defense jury verdict in trial over allegations of bad faith delay of payment and “low balling” covered damages amounts
Pennsylvania summary judgment upheld in bad faith UIM case alleging unreasonable failure to make settlement offer prior to arbitration.
Recovery for insurer with excess verdict exposure over $25 million from E&O insurer.
U.S. District Court in the Virgin Islands collusive consent judgment and bad faith claim defeated.
U.S. District Court for the District of New Jersey summary judgment on auto manufacturer spoliation claim against insurer which disposed of vehicle involved in rollover accident.
Texas State Fort Bend County District Court grants excess insurer's motion to compel appraisal after denying primary carrier's motion leading to resolution of case, including bad faith.
Represented an industrial battery company against former employees who stole trade secrets. Secured injunctions preventing use of secrets and solicitation of client’s customers. Reached lucrative settlement, then sued and secured more settlement dollars when opponent breached settlement agreement.
Assisted in successful defense of a potential "bet the company" case against America's largest manufacturer of industrial absorbent products. Helped discover distributor's bootlegging, which turned tide of case.
Won trial defending a glass company against a claimed house-wide glass failure in a Houston mansion. Discovered an undisclosed similar suit by plaintiffs, helping the jury to place 100% liability on plaintiffs.
Obtained summary judgment for insurers on various coverage and fraud cases. Clerical Apparel of N.Y. v. Valley Forge Insurance Co., 200-cv-5826 (E.D.N.Y.)
Obtained summary judgment for insurers on various coverage and fraud cases. LAVIN v. Firemen's Insurance Co. of Newark, NJ, 1991-0114 (E.D. PA. 1992)
Obtained summary judgment on various coverage and fraud cases. Peer v. Minnesota Mutual Fire & Casualty Co. 1993-2338 (E.D. PA 1995)
Obtained summary judgment on various coverage and fraud cases. McCoy v. Travelers Indemnity Co. of America 2004-cv-2246 (M.D. Pa. 2001)
Obtained summary judgment on various coverage and fraud cases. Pettinaro Enterprises v. Continental Casualty Co. 2009-cv-139 (D.Del. 2010)
Obtained summary judgment on various coverage and fraud cases. Atiyeh v. National Fire Insurance Company of Hartford 2007-cv-4798 (E.D. PA 2011)
Successfully represented insurer in the United States Court of Appeals for the Third Circuit. Safeguard Lighting Systems v. North American Specialty Insurance Co. NO-2005-386 (3d Cir. 2007)
Sucessfully represented insurers in the United States Court of Appeals for the Third CIrcuit. Pettinaro v. Continental Casualty Co. Nos-11-1070, 1195 (3d Cir. 2011)
U.S. District Court for the Eastern District of Pennsylvania verdict in 2013 in favor of national workers’ compensation insurer following a week-long jury trial, and against insured on counterclaim for bad faith. The jury found that the insured committed fraud in the application, entitling the insurer to recover from the insured its attorney’s fees and amounts paid on a claim valued at more than $4 million.
New York‘s Appellate Division, Second Department affirmed a trial court order granting summary judgment to our client, an insurer in action involving coverage for a night club that was destroyed by fire caused by a break-in and arson. The insurer had a warranty requiring a burglar alarm be fully operational. The insured had the required burglar alarm, but it was not in use on the night of the fire. Coverage was denied for breach of the warranty. The insured sued and argued among other things that “fully operational” was ambiguous, and required only that the alarm be usable, not in use. The trial court disagreed with and granted summary judgment. The Second Department affirmed on appeal.
Represented an Italian product manufacturer, and obtained a trial court order dismissing the manufacturer for lack of personal jurisdiction. New York’s Appellate Division, First Department unanimously affirmed on appeal.
Obtained summary judgment for a global insurer in the U.S. District Court for the Central District of California, sustaining insurer’s denial of coverage based on prior knowledge grounds for underlying claim alleging sexual harassment and discrimination under an employment practices liability policy.
Negotiated allocation of defense fees on behalf of private equity insurer in complex bankruptcy adversary bankruptcy proceeding implicating different insurance towers.
Settled coverage action commenced by U.S. Bankruptcy Court Trustee against a professional liability insurer for a nominal sum after securing win on motion to withdraw the reference from bankruptcy court.