Atmel Corp. v. St. Paul Fire & Marine Ins. Co.
We sued to recover defense and settlement costs that Atmel Corporation incurred in underlying claims alleging defects in memory chips, as well as damages for insurance bad faith. We successfully defended an effort by the insurer to rescind Atmel’s general liability and technology errors and omissions policies and, on the eve of a federal jury trial, obtained a substantial recovery in settlement. An early ruling in the case established that the attorney-client privilege may extend to communications between a policyholder’s attorney and its insurance broker. Atmel Corp. v. St. Paul Fire & Marine Ins. Co., 409 F. Supp. 2d 1180 (N.D. Cal. 2005).
John Crane, Inc. v. Admiral Ins. Co
On appeal, we successfully overturned unfavorable trial court rulings entered against John Crane, Inc. regarding insurance coverage for asbestos judgments. Taking over this complex insurance lawsuit from previous trial counsel, our work preserved over $150 million in excess insurance coverage. In the process, we turned back a serious challenge to the “all sums” allocation rule in Illinois. John Crane, Inc. v. Admiral Ins. Co
., 991 N.E.2d 474 (Ill. App. 2013).
Multi-Venue Breach of Contract
We obtained a favorable settlement for a real estate investment trust seeking to recover $15 million in defense costs incurred in a multi-venue breach of contract dispute, which included allegations of disparagement and bad faith litigation.
We represented NVIDIA Corporation in pursuing insurance coverage under both its technology errors & omissions and commercial general liability policies for claims arising out of chip failures and related customer losses. We ultimately achieved a negotiated resolution of all insurance coverage disputes and obtained insurance funding for the settlements reached in the underlying litigation.
Seagate Technology LLC v. National Union Fire Ins. Co.
In litigation representing Seagate Technology LLC, we recovered virtually all defense costs incurred in underlying litigation, in a settlement reached on the eve of a jury trial on Seagate’s bad faith claims. Earlier in the case, we won a summary judgment ruling that the insurer had breached its duty to defend by inordinately delaying payment of defense costs. The court also ruled that, as a result of the insurer’s breach, the insurer lost its rights under California Civil Code § 2860 to compel arbitration and to limit the hourly rates at which it reimbursed defense costs. Seagate Technology LLC v. National Union Fire Ins. Co.,
737 F.Supp.2d 1013 (N.D. Cal. 2010).