Industrial Enterprises, Inc. v. Penn America Insurance Company —
Represented Penn America Insurance Company in declaratory judgment action to determine insurer’s liability for expenses incurred by insured in CERCLA enforcement action. Acted as lead counsel throughout case and at trial. Liability of insurer determined as a matter of law prior to trial, which proceeded on damages. Obtained verdict limiting damages claim subject set-off. Liability ruling reversed on appeal.
Savings First Mortgage v. National Union Fire Insurance — Represented National Union Fire Insurance in coverage litigation arising out of claims against its insured asserted in a class action brought by 2,200 borrowers alleging illegal lending practices. In addition to litigating the coverage issues, negotiated a settlement of the underlying class action within agreed-upon coverage limits. Represented insurer throughout negotiation of Memorandum of Understanding, final Settlement Agreement, approval hearings and administration of class settlement. Recovered reverter amount for the benefit of National Union.
Klopman v. Zurich American Insurance Company of Illinois — Represented major insurer in lost policy litigation. Obtained summary judgment in United States District Court which was affirmed by the Fourth Circuit.
Mayor & City Council of Baltimore v. Utica Mutual Ins. Co., et al. — Represented primary and umbrella insurers in coverage litigation brought by municipality to recover damages allegedly incurred as a result of asbestos-containing building materials in public buildings. Obtained summary judgment in favor of insurers on basis of products risk exclusion which was affirmed on appeal in a case of first impression in Maryland.
CSX Transportation, Inc. v. Continental Ins. Co., Inc., 680 A.2d 1082 (Md. 1996). — Represented national insurer in major declaratory judgment action concerning coverage for occupational noise-induced hearing loss claims brought by 30,000 former and present railroad workers, member of lead trial team for a group of 19 insurers, obtaining a jury verdict for the insurers which was affirmed by the Court of Appeals of Maryland.
Nationwide Mutual Insurance Company v. Lafarge Corp., et al. — Represented Travelers Indemnity Company in protracted coverage litigation arising from the premature deterioration of concrete railroad cross-ties throughout the northeast corridor, successfully defending claims of statutory and common law bad faith and obtaining a jury verdict which substantially reduced the policyholders’ claimed losses.