Insights
Illinois Court Finds Insurer Has Duty to Defend Underlying COVID-19 Suit under CGL Policy
March 11, 2021
Peter Moore concentrates his practice on insurance coverage and coverage litigation across the mid-Atlantic region for insurers in the United States and in the London market. Peter advises insurers on coverage in the areas of commercial general liability; directors and officers; errors and omissions; builders risk; property; automobile; UM/UIM; life, health, disability, ERISA; and others. He also has a robust civil litigation practice involving commercial disputes and defense of complex tort litigation in state and federal courts, including defense of premises liability, product liability, professional malpractice and transportation claims.
Clients appreciate Peter’s exceptional communication and analytical skills, amiable nature and pragmatic approach to litigation. Peter makes it a priority to continually assess claims and cases as they evolve in order to leverage resolution opportunities effectively and obtain the best possible results for his clients inside and outside the courtroom.
Insurance Coverage
Peter acts as coverage and litigation counsel to insurers in matters ranging from small-value property claims to multimillion-dollar construction defect, personal injury and contractual indemnification claims. He has successfully litigated coverage issues regarding the duty to defend, late notice, the application of abuse exclusions and pollution exclusions, the insured’s duty of cooperation, bad faith, and the rights and obligations of excess insurers. Peter routinely drafts coverage opinions and recommendations as well as position letters to insureds; advises on strategy and avoiding bad faith claims; and litigates declaratory judgments on behalf of his clients.
Complex Tort & General Casualty | Premises Liability & Transportation
Peter regularly represents landowners in premises liability personal injury claims and defends transportation companies and their drivers in automobile and trucking accidents, including allegations of negligent maintenance and negligent hiring, retention and training. He has extensive experience litigating claims involving vicarious liability and attempts to broaden the scope of vicarious liability.
Peter Moore concentrates his practice on insurance coverage and coverage litigation across the mid-Atlantic region for insurers in the United States and in the London market. Peter advises insurers on coverage in the areas of commercial general liability; directors and officers; errors and omissions; builders risk; property; automobile; UM/UIM; life, health, disability, ERISA; and others. He also has a robust civil litigation practice involving commercial disputes and defense of complex tort litigation in state and federal courts, including defense of premises liability, product liability, professional malpractice and transportation claims.
Clients appreciate Peter’s exceptional communication and analytical skills, amiable nature and pragmatic approach to litigation. Peter makes it a priority to continually assess claims and cases as they evolve in order to leverage resolution opportunities effectively and obtain the best possible results for his clients inside and outside the courtroom.
Peter Moore (Partner-McLean, VA) and Sung Che Jo (Associate-McLean, VA) successfully argued and obtained a ruling granting their plea in bar and dismissing all claims against client tree removal company in the Circuit Court for Nottoway County, Virginia. The accident occurred while our client performed tree removal services along the highway after an ice storm in Virginia. The plaintiff, who was monitoring the work, was struck by a tree cut by one of our client’s employees and sustained significant head injuries and broken bones, and alleged permanent disability. Peter and Sung Che demonstrated that the plaintiff and our client were both subcontractors employed by the Commonwealth of Virginia through various primaries, and therefore, they were statutory co-employees subject to workers’ compensation exclusivity pursuant to the Virginia Workers’ Compensation Act. The plaintiff argued that the parties were not statutory co-employees because Virginia is not in the business of tree removal, but Peter and Sung Che successfully argued that the test to determine statutory employer is broader in the context of employment by a government entity. The court agreed and granted the plea in bar. This is a significant win for our client because the case involved several contractors and subcontractors involved in the project and threatened to subject our client to extensive discovery and expenses, as well as exposure to millions of dollars in claimed damages.
Peter M. Moore and Sung Che Jo