Authored successful Motion to Dismiss claim for bad faith on behalf of dozens of domestic and foreign reinsurers in the $1 billion litigation brought by the California Insurance Commissioner arising out of the liquidation of an insurance group that allegedly resulted from the dilution of underwriting standards in order to increase premium income on "long tail" business during a time of unusually high risk-free rates of return in order to facilitate the upstreaming of dividends to the parent holding company before the adverse development impacted the solvency of the ceding insurers.
Obtained summary judgments in multiple coverage cases where in excess of $1 million was at risk, including construction defect claims arising out of custom home and luxury condo construction in Virginia and Maryland; nursing home litigation in Georgia where a defense had been conceded and no judgment had yet been entered in the underlying personal injury case; real estate appraiser fraud claims in West Virginia; a defamation case in Arizona where a judgment in excess of $10 million had been entered in the underlying litigation; pollution claims in the World Trade Center personal injury mass tort litigation; and the enforcement of a self-insured retention (SIR) that eliminated coverage completely for a public entity involved in an underlying wrongful death claim.
Successfully defended the underlying dismissal of a commercial property claim involving a local airport on statutory suit limitation grounds before the Virginia Supreme Court.
Prevailed on a Motion for Judgment on the Pleadings in a Crawford v. Weather Shield duty to defend contractual indemnity dispute between a contractor and a subcontractor in California.
Prevailed on a Motion to Dismiss in a coverage action brought by the underlying personal injury plaintiff against our client regarding coverage for purported additional insureds under a CGL policy.