Cozen O’Connor: Aul, Patrick M.

Patrick McQuillan Aul

Member

Charlotte

(704) 348-3447

(704) 817-0932

Patrick Aul focuses his practice on first-party and third-party insurance coverage litigation. He has substantial experience litigating issues relating to property and liability policies. He also routinely handles bad faith claims and litigation. He has been involved in multi-million dollar coverage disputes relating to hurricane and wind damage, fire losses, construction defects, toxic mold exposure, and primary and excess policies. 

Patrick also often analyzes and provides opinions to insurance company clients on a wide variety of coverage issues, particularly in the first-party context.  

In addition, Patrick has experience handling a variety of general civil litigation matters, including complex and catastrophic insurance defense cases, employment related claims, commercial disputes, and class actions. He has represented insurers and businesses in all stages of litigation in both trial and appellate courts.

Patrick holds an AV-Preeminent Peer Review Rating from Martindale-Hubbell, is an Associate Fellow of the Litigation Counsel of America, and has been listed in North Carolina's Super Lawyers as a "Rising Star" each year since 2015.  He received his J.D. with honors from the University of North Carolina School of Law. During law school, he was a published staff member and editor-in-chief of the North Carolina Banking Institute Journal. He earned his B.A. with distinction in history and political science from the University of North Carolina at Chapel Hill prior to attending law school.

Experience

Publications

Delaware Supreme Court Reverses $13.7M Judgment Underscoring Importance Of Choice Of Law Analysis

August 20, 2018

The first step in any coverage analysis is determining which jurisdiction’s laws govern the coverage issues. This can be outcome determinative as demonstrated by the Supreme Court of Delaware’s recent decision in Travelers Indemnity Company v. CNH Industrial America, LLC, Case No. 420, 2017 (Del. Jul. 16, 2018), in which the choice of law analysis made a $13.7 million difference.

Fifth Circuit: Criminal Acts Exclusion Bars Coverage For $20 Million Judgment

August 13, 2018

Century Surety Company insured Pastazios Pizza, Inc. under a commercial general liability policy. Pastazios, along with its owner and manager, Ajredin Deari, was sued by eighteen year old Jane Doe in Texas state court.

Can Insurance Appraisers Favor and Advocate For The Party That Selected Them? [Property Insurance Law Observer Blog]

March 22, 2018

This is a question the Colorado Supreme Court is set to resolve after recently granting Owners Insurance Company’s petition for writ of certiorari in Owners Insurance Company v. Dakota Station II Condominium Association, Inc., 2018 WL 948601 (Col. Feb. 20, 2018). The Colorado Court of Appeals...

Flood Exclusion Unambiguously Excludes Coverage For $49.5M In Hurricane Sandy Losses Caused By Storm Surge [Property Insurance Law Observer Blog]

October 09, 2017

Cozen O’Connor attorneys Thomas McKay III, Richard Mackowsky, Charles Jesuit, and Melissa Brill recently secured summary judgment from the United States District Court for the Eastern District of New York in favor of Great Northern Insurance Company on claims asserted by Madelaine Chocolate...

West Virginia Supreme Court: Bad Faith Claims Are Premature when the Insurer Is Providing a Defense [Avoiding Insurance Bad Faith Blog]

June 19, 2017

The West Virginia Supreme Court recently granted an insurer the extraordinary legal remedy of a writ of prohibition, awarding it an immediate dismissal of the insureds’ bad faith claims. State ex rel. Universal Underwriters Insurance Company v. Wilson, ___ S.E.2d ___, 2017 WL 2415343 (W. Va. Jun. 1,...

Virginia Court Dismisses RICO Claim Against WYO Flood Insurer and Its Adjusters [Property Insurance Law Observer Blog]

January 19, 2017

The preemptive effect of the National Flood Insurance Program (NFIP) on overlapping claims asserted by policyholders based on federal and state common law theories of liability is well established. “Numerous courts have held that claims other than those expressly authorized by the [National Flood...

Reservation of Rights Requirements Adopted by South Carolina Supreme Court

January 18, 2017

Tracy L. Eggleston and Patrick M. Aul discuss the South Carolina Supreme Court’s recent decision that adopts strict requirements for effective reservation of rights letters.

IN Catastrophes: Preparing for Hurricane Matthew Claims in the Carolinas [IN the Know]

October 17, 2016

Patrick Aul discusses what insurers in both North and South Carolina should be mindful of when handling Hurricane Matthew related claims.

Can Disputes Related To Procurement Of Federal Flood Insurance Policies Be Litigated In State Court? [Property Insurance Law Observer Blog]

October 06, 2016

It is well-established that claim processing and wrongful denial of coverage disputes involving federal flood insurance policies belong in federal court because they present substantial questions of federal law. The U.S. District Court for the Western District of North Carolina recently applied this...

Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy [Property Insurance Law Observer Blog]

July 13, 2016

In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and presumptive purchasers of a home that was still under construction terminated...

Virginia Federal Court Underscores Distinction Between a Loss and an Occurrence for Purposes of Notice Conditions [Property Insurance Law Observer Blog]

March 28, 2016

In Clarabelle Wheeler v. The Standard Fire Insurance Company, 2016 WL 1164651 (W.D. Va. Mar. 23, 2016), the insurer argued that the insured failed to give “prompt notice” of the loss as required by the policy’s notice condition because she waited six-months to report five large trees had fallen on...

Do Fidelity Policies Issued to Individual Partners Provide Coverage for Theft of Partnership Earnings? [Property Insurance Law Observer Blog]

March 02, 2016

The Eighth Circuit is set to decide this question in 3M Company, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa., et al., Appeal No. 15-3495. The answer will likely determine whether a blanket crime policy and multiple excess policies cover $176 million in partnership earnings 3M...

Industry Sectors

Education

  • University of North Carolina School of Law, J.D., with honors, 2009
  • University of North Carolina - Chapel Hill, B.A., with high distinction, 2006

Awards & Honors

Martindale-Hubbell AV Preeminent Peer Review Rated

Litigation Counsel of America, Associate Fellow

North Carolina Super Lawyers Rising Star 2015-2019, Insurance

 

  • North Carolina
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court -- Eastern District of North Carolina
  • U.S. District Court -- Middle District of North Carolina
  • U.S. District Court -- Western District of North Carolina

North Carolina State Bar

North Carolina Bar Association

Appellate Rules Committee, North Carolina Bar Association, 2017-2018

Twenty-Sixth Judicial District of North Carolina Bar

Mecklenburg County Bar Association

Hospitality Law Practice Group, ALFA International, 2013-2015

North Carolina Banking Institute, Board of Directors, 2008-2010