In re: TOUSA, et al.; TOUSA, Inc. v. Federal
Insurance Company, et al., U.S. Bankruptcy Court, Southern District of Florida
- Counsel for TOUSA, Inc. in litigation against twelve leading D&O
insurers to obtain insurance coverage for a breach of fiduciary duties lawsuit
brought against the company's directors and officers in the context of TOUSA's
bankruptcy proceeding. Within weeks of
filing the lawsuit, obtained an agreement from the insurance carriers to begin
funding the defense of the underlying fiduciary duties action.
Viking Pump, Inc., et
al. v. Century Indemnity Co., et al., Delaware Chancery Court
- Counsel for Viking Pump in litigation over the coverage
obligations of Viking Pump's commercial liability insurers for underlying
asbestos claims. Significantly limited the
issues for trial by obtaining favorable summary judgment rulings for Viking
Pump on the issues of corporate successorship and allocation methodology.
Robichaux v. Dow
Chemical Company, Louisiana State Court
- Counsel
for Dow Chemical Company in a groundwater contamination suit involving
chlorinated compounds detected in the Plaquemine aquifer, handling the
remediation aspects of the case. Court sided with Dow on the proper
remediation method, rejecting plaintiffs' proposal for a pump and treat system
costing hundreds of millions of dollars, and sided with Dow on the costs of
remediation to be deposited into the Court registry.
Certain Underwriters
at Lloyd's London v. The Boeing Company, et al., Illinois State Court
- Counsel for The Boeing Company in litigation over the
coverage obligations of Boeing's London-market reinsurers for product liability
claims arising from two allegedly defective telecommunications satellites. Obtained a ruling from the trial court
requiring the reinsurers to pay the full costs of Boeing's defense and barring
them from litigating against Boeing until the underlying product liability
actions were concluded. Preserved the
trial court ruling at each level when the reinsurers appealed the ruling all
the way to the Illinois Supreme Court.
Abbott Laboratories v.
Illinois National Insurance Company, Arbitration Proceeding
- Counsel for Abbott
Laboratories in a commercial arbitration alleging breach of contract in a
multi-million dollar insurance premium dispute over the
proper characterization of settlements in underlying directors and officers
litigation. Following a two-day trial,
Arbitrator issued a ruling siding entirely with Abbott, granting it the full
amount of the disputed premium, and awarding Abbott its attorneys' fees.
Visteon Corp. v.
National Union Insurance Company of Pittsburgh, PA, U.S. District Court for the
Eastern District of Michigan
- Counsel for Visteon in litigation over its EPL insurer's
coverage obligations for a settlement of several sexual harassment and hostile
work environment claims in which the insurer asserted a litany of coverage
defenses, including late notice, breach of cooperation obligation, breach of
voluntary payments provision, and reasonableness of the settlement amount, and
alleged that the claims were made outside the policy period. Obtained favorable settlement for Visteon.
