Aviation Refinancing Transaction v. Certain Underwriters at Lloyd’s
We litigated one of the first claims presented under a Lloyd’s-issued contingent aircraft hull and liability policy, involving over $18 million in losses arising from aircraft that were converted by a bankrupt airline. After prevailing in a Phase I bench trial and subsequent motion practice, we obtained a substantial recovery in settlement shortly before the Phase II jury trial, which was to include trial of our client’s bad faith claims. Aviation Refinancing Transaction v. Certain Underwriters at Lloyd’s
, S.F. Sup. Ct. Case No. CGC-09-494500.
Certain Underwriters at Lloyd’s v. Connex Railroad LLC, et al.
We are currently defending a lawsuit by U.S. and foreign insurers of Veolia Transportation, seeking reimbursement of over $130 million of a $200 million complex interpleader settlement of mass casualty personal injury claims arising out of the 2008 Chatsworth commuter rail accident. Certain Underwriters at Lloyd’s v. Connex Railroad LLC, et al.,
Los Angeles Sup. Ct. Case No. BC 493509.
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).
Liberty Mutual Ins. Co. v. The California Automobile Assigned Risk Plan
We represented an assigned risk plan for commercial trucking risks in litigation regarding the servicing carrier’s responsibility for an extracontractual liability claim, which the plan contended was the result of the servicing carrier’s gross negligence in connection with the handling of the claim. The claim against the plan was settled shortly before trial and on the eve of a critical motion, at a substantial discount. Liberty Mutual Ins. Co. v. The California Automobile Assigned Risk Plan
, Case No. C-11-1419-MMC (N. D. Cal.).
National Union Fire Insurance Co. of Pittsburgh, PA, et al. v. Electronic Arts, et al
We represent Electronic Arts Inc. in coverage disputes arising out of class action lawsuits alleging misappropriation of likeness and antitrust violations brought by college and NFL athletes whose likenesses were allegedly used without their permission. When EA’s insurers filed a declaratory relief action to establish that they did not owe a duty to defend the underlying actions, we successfully obtained a stay of the coverage litigation pending further progress of the underlying actions. National Union Fire Insurance Co. of Pittsburgh, PA, et al. v. Electronic Arts, et al.
, Case No. C11-04897-SI (N.D. Cal.).Read More
Prosper Marketplace, Inc. v. Greenwich Ins. Co.
We recovered the costs of defending a securities class action for Prosper Marketplace, Inc. after prevailing in a bench trial. The court ruled that the insurer had breached its duty to defend and owed Prosper the $2 million policy limits. We then successfully defended the trial court’s ruling on appeal. Prosper Marketplace, Inc. v. Greenwich Ins. Co.,
S. F. Sup. Ct. Case No. CGC 09-491736; Prosper Marketplace, Inc. v. Greenwich Ins. Co
., 2012 WL 2878121 (Cal. App. 1 Dist.).
Scottsdale Ins. Co. v. Coapt Systems, Inc., et al.
We represented the directors and officers of Coapt Systems, Inc., an insolvent medical device company, in a lawsuit seeking coverage under a directors’ and officers’ policy for alleged injuries resulting from over 60 clinical trial and off-label use cases. We won a summary adjudication that the insurer had a duty to advance defense costs despite an exclusion for bodily injury claims, because the claimants also alleged fraudulent transfers by individual directors and officers. The case then settled on favorable terms. Scottsdale Ins. Co. v. Coapt Systems, Inc., et al.,
Case No. CV 12 1780-MMC (N. D. Cal.).
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).
U.S. Borax v. Royal Indem. Co., et al.
We represented U.S. Borax, a mining and chemical company, in insurance coverage litigation over multi-state, multi-site environmental coverage clean-up costs involving over 80 policies issued over a 25-year period. After securing favorable Phase I rulings on key legal and policy interpretation issues, we obtained substantial recoveries in settlement on the eve of a jury trial and preserved coverage for potential future claims. U.S. Borax v. Royal Indem. Co., et al.,
S.F. Sup. Ct. Case No. CGC-05-444742.