Co-authored a compelling appellate brief that effectively persuaded the Ninth Circuit to uphold summary judgment in favor of the insurer, based on the argument that the underlying lawsuit stemmed from allegations of trademark infringement, falling within the policy's exclusion for intellectual property claims.
Prevailed before the Florida Second District Court of Appeal, affirming summary judgment in favor of the insurer. The appellate court concurred that the underlying consumer class action claim, alleging that the insured’s use of the term “organic” on hair care products amounted to false and misleading advertising, did not meet the criteria for implied disparagement and appropriately fell within the policy’s intellectual property exclusion.
Won summary judgment for an insurer, affirming the absence of a duty to defend or indemnify in connection with an underlying consumer class action associated with fax-blasting. This decision hinged on the court's recognition that the Telephone Consumer Protection Act exclusion precluded coverage for the entirety of the underlying action.
Successfully tried a contribution case against a non-participating carrier to secure reimbursement for defense and indemnity fees and costs in the underlying case.