Experience
Secured Unconditional Defense Coverage from Insurer for Client
Client company and its executives were sued by a former employee for various claims arising from allegations of sexual harassment. The client’s insurer denied coverage. After prevailing upon the insurer to withdraw its disclaimer, the insurer agreed to provide an unconditional defense and indemnity for the claims against the client.
$2.3 Million Judgment for Insurance Client
Secured judgment for insurance client and its insured in the U.S. District Court for the Eastern District of Missouri for more than $2.3 million in a case concerning which of two insurers would pay for the settlement of an underlying civil action. Following jury and bench trials in favor of the client, the court awarded nearly all damages sought as well as more than $646,000 in prejudgment interest.
Judgment Affirmed on Appeal in Insurance Case
The Missouri Court of Appeals for the Eastern District affirmed a judgment dismissing a case against an insurance company client with prejudice as sanctions for failure to appear. The Eastern District stated the trial court did not abuse its discretion in issuing sanctions and dismissing the case.
Summary Judgment for Life Insurance Company Relating to $1.5 Million Death Benefit
Secured summary judgment for a life insurance company alleged to have wrongfully denied a $1.5 million death benefit by demonstrating that the purported beneficiary waived any claim to the death benefit through a marriage settlement agreement.
Counsel to Expert Witness in Multistate Data Breach Settlement
Advised an expert witness for U.K.-based insurance companies in a case brought in the U.K. courts by the insurers in connection with a multistate data breach enforcement action where the personal information of millions of consumers was exposed. Counsel was provided in regard to U.S. law concerning Section 5 of the Federal Trade Commission Act, the data breach and data security statutes of the 40 states whose attorneys general filed complaints, and the potential insurability of penalties in each of the states. The settlement reached in the case was due in large part to the insurability analysis, which was key during negotiations.
Damages Award in Insurance-Related Breach of Duty to Defend Case
Secured a damages award against an insurance company for breach of the duty to defend.
Summary Judgment for Insurer in Garnishment Action
Obtained summary judgment on behalf of an insurer in a garnishment action seeking to collect on a $5,150,000 arbitration award against the insured. We demonstrated that the insurer correctly denied a defense and indemnity to the insured pursuant to a household resident exclusion of a homeowners insurance policy.
Affirmance of District Court Judgment for Insurance Client
Prevailed in Eighth Circuit Court of Appeals for insurance company client, obtaining an affirmance of a district court judgment enforcing a settlement agreement. The parties had settled litigation pursuant to the federal court’s early mediation program. The plaintiff then challenged the settlement arguing fraud. The district court rejected the plaintiff’s challenges and entered a judgment enforcing the settlement as drafted by the defendant. During the appeal at the Eighth Circuit, the plaintiff filed a post-judgment motion for relief and filed a second appeal following the denial of that motion. The Eighth Circuit granted summary affirmance to our client and dismissed the second appeal.
Successful Intervention Under Amended 537.065 and Then $8 Million Award in Arbitration Action
Successfully intervened in arbitration approval action on behalf of insurance company months after alleged insured entered into R.S.Mo. 537.065 agreement. Following intervention, the court vacated its judgment approving an $8 million arbitration award against the alleged insured.
Defense Verdict for Insurance Client
Obtained a defense verdict for our insurance client following a three-week trial. The plaintiff sought $3.1 million related to a consent decree where it agreed to clean up soil and groundwater contamination from a manufacturing site. The insurers asserted that the plaintiff knew about the contamination for decades and did not properly notify its insurers, and that prior claims had been made associated with the contamination without proper notice. The jury found in favor of the insurers on all claims.
