Daniel C. Theveny, Sr.

Successfully moved for judgment on the pleadings on behalf of an insurance company seeking a declaration that it was not obligated to defend or indemnify a $40 million breach of contract action against its insured, which designs, manufactures, and supplies tunnel-boring machines (TBM). This result was affirmed by the U.S. Court of Appeals for the Sixth Circuit. The underlying action arose when the insured rented out a TBM for use on a tunnel project, and the TBM failed, causing the general contractor to terminate its rental agreement with the insured and initiate arbitration seeking consequential damages for delays to the project. In granting our motion, the court agreed that the underlying action fell within policy exclusions for contract-related claims, for damage to the insured's property, and for "property damage" caused by an "occurrence."

Primary responsibility for the management and direction of the Firm Subrogation Department In-House Continuing Legal Education Program for our attorneys.

Successful recovery in numerous claims where traditional tort remedies were not available in light of the complexities of the economic loss doctrine.

Substantial recoveries in the pursuit of subrogation claims based upon theories of piercing the corporate veil against parent corporations.

Substantial recoveries in the pursuit of numerous subrogation claims involving complex environmental contamination issues and the parties responsible for same in several jurisdictions around the country.

Co-counsel in the successful prosecution of a multimillion dollar fire loss at a major casino property.

Substantial recoveries in the pursuit of numerous subrogation claims based upon successful development and proof of complex spread theories of liability against parties not responsible for the cause in several jurisdictions around the country.