Our lawyers and staff are focused on seeking exceptional results for our clients. We deliver value by creating solutions to legal problems through high quality work and innovative strategy designed to meet client objectives.
Select a practice area from the list below to view the results from that area.
9/11 |
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No. 02 C 7023, 2004 WL 549447 (N.D. Ill., March 18, 2004) Court granted summary judgment in favor of FM in 9/11 airport case. Obtained summary judgment. Insured withdrew 7th Circuit appeal in June 2004.
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No. CV-s-02-1258-KJD (D. Nev., March 28, 2005) Court granted summary judgment in favor of FM in 9/11 airport case.
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We continue to represent insurers for the Towers and WTC 7 as well as other buildings and businesses affected by the September 11 attack in litigation and appraisal proceedings.
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Asbestos/Sick Building |
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Obtained judgment that the presence of lead paint does not constitute physical damage to a building.
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Obtained dismissal of $60 million asbestos removal claim for carrier on statute of limitations defense; achieved dismissal of multi-million dollar claim for asbestos contamination due to fire; obtained dismissal of $40 million asbestos removal claim regarding manifestation of loss theory.
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Obtained defense verdict for architect on "sick building" claim.
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Bad Faith |
The South Dakota Supreme Court upheld an insurer's right to challenge fairly debatable insurance claims without being liable for the tort of ‘bad faith'. Mudlin v. Hills Materials Co., 2007 SD 118 (S.D. 2007). Counsel
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Defense |
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Defense and multi-million dollar subrogation recovery for carrier and the tenant regarding Philadelphia high-rise, office building fire.
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400 F.3d 613 (8th Cir. 2005) Eighth Circuit Court of Appeals affirmed summary judgment in favor of American Guarantee on a contingent business interruption claim.
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Flood/Earthquake/Blizzard |
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Achieved a $9 million recovery for Factory Mutual Insurance Company and an electric utility company in January 2006. This case involves the collapse of a dam and flooding of a power plant in Michigan. Currently pursuing other defendants for additional damages.
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Defense of $200 million business interruption dispute in appraisal proceeding.
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Represented carriers in numerous contexts, including code upgrade coverage interpretation, application of deductibles, coordination of multi-layered coverages, and measurement issues.
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111 Fed. Appx. 534 (9th Cir. 2004) Ninth Circuit Court of Appeals affirmed summary judgment in Nisqually earthquake case.
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694 N.W.2d 225 (N.D. 2005) North Dakota Supreme Court affirmed summary judgment in favor of HSB on flood coverage claim.
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Food Contamination |
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Multi-million dollar recovery on behalf of Schwan's arising out of the nation's largest, reported at the time, food-borne contamination outbreak.
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Multi-State investigation, defense of company, and recovery of damages and insurance proceeds.
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Hurricane Katrina Claims |
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Our client, Continental Casualty Company (CNA), recently won Partial Summary Judgment on a significant Hurricane Katrina insurance issue. In LKBOC,LLC v. Continental Casualty, Judge Jay Zainey agreed with our argument that LKBOC's downtown New Orleans office towers had resumed "normal operations" within six weeks of Hurricane Katrina. The Court rejected LKBOC's argument that disruptions to the surrounding area delayed the resumption of normal operations for properties in the Central Business District of New Orleans for three to six months. The LKBOC case is the first court decision on the period of indemnity for service interruption to commercial property in downtown New Orleans following Hurricane Katrina. LKBOC joins a growing list of cases in recent years finding that even in devastated areas the extended period of indemnity coverage found in many commercial insurance policies does not extend insurance coverage past the resumption of normal operations in the insured buildings.The decision is expected to have a broad impact on service interruption claims arising from Hurricane Katrina. Trial Counsel for Continental Casualty Company
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Negligent Inspection |
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Negligent inspection resulted in summary judgment. Affirmed by 9th Circuit in November 2004.
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118 Fed. Appx. 122 (9th Cir. 2004) Ninth Circuit Court of Appeals affirmed summary judgment in favor of Factory Mutual Research Corporation on third-party claim based on alleged negligent approval.
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811 N.E.2d 853 (Ind. Ct. App. 2004) Indiana Court of Appeals affirmed judgment for HSB on negligent inspection claim.
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Other |
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Established seminal case law on reinsurance of declaratory judgment costs.
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Recovered over $12 million judgment in favor of insurer against individual defendants under the Federal Racketeer Influenced and Corrupt Organization Act arising out of an insurance fraud and conspiracy.
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Recovered over $7 million for excess insurer against primary carriers in a contribution and indemnity action for repayment of defense fees and indemnification paid to insureds arising out of the Alliance insurance fraud and conspiracy.
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Established legal precedent in Minnesota that "sudden" in pollution exclusion has temporal meaning.
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Dismissal of bond claim in case involving Chicago broker and German brokerage house in fidelity claim.
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Obtained summary judgment and appellate court affirmance that property insurance policies do not cover the cost of making the insured's systems Y2K compliant.
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Power Outage |
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Retained to conduct investigation and to propose study of causes and damages from U.S./Canadian power black out.
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Subrogation |
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Obtained $5,800,000 settlement for subrogated insurer after winning liability phase of an inverse condemnation trial. Counsel for FM Global
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Obtained verdicts on behalf of subrogated insurers and against public entities for multimillion-dollar flood losses in Northern California.
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Obtained multi-million dollar subrogation recovery for explosion of anechoic chamber during testing.
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Multi-million dollar subrogation recovery for department stores and their insurers.
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Obtained multi-million dollar subrogation award in arbitration from catastrophic Power House explosion.
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Multi-million dollar recovery for bank and subrogated carrier in Minneapolis fire.
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Multi-million dollar recovery for Illinois Bell and subrogated carrier in telecommunications fire.
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Multi-million dollar subrogation recovery for computer manufacturing plant damages.
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Recovery following disastrous failure of turbine generator.
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Multi-million dollar recovery from fire in 360-acre underground food warehouse for subrogated insurers and food companies.
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Recovery of over $99 million on behalf of property insurer and policy holder for fire.
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Obtained settlement in arbitration of subrogation claim brought after fire.
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Recovered over $6.5 million on behalf of Dole Foods, Inc. and Underwriters at Lloyd's arising out of a fire at Dole's plant in Yuma, Arizona.
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Represented several foreign and domestic insurance companies in litigation arising from the Olympic pipeline rupture and explosion in Bellingham, Washington. As a result of the unavailability of the pipeline, Atlantic Richfield sustained business interruption and extra expense losses. The litigation involved the resolution of coverage issues with Atlantic Richfield and a subrogation action against the owner and operator of the pipeline. The subrogation case settled for a confidential amount a month before trial was scheduled to begin in federal court in Seattle.
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