Insurance Law

Insurance Coverage Disputes

CSX Transportation, Inc. v. Continental Insurance Co., 343 Md. 216, 680 A.2d 1082 (1996). Acting as lead trial counsel for a group of 19 insurers, obtained a jury verdict in favor of the defendants in a declaratory judgment trial arising from occupational hearing loss claims asserted by thousands of railroad employees, which was affirmed by the Court of Appeals of Maryland.

Liberty Mutual Insurance Co. v. The Travelers Indemnity Co., 78 F.3d 639 (D.C. Cir. 1996). Earned reversal on appeal for insurance company based on the law that a third-party beneficiary’s breach of its contract with promisee is not a defense to a third-party beneficiary’s claim against the promisor.

Market Tavern, Inc. v. Scottsdale Insurance Co., Circuit Court for Baltimore City, Maryland. Defense verdict on behalf of insurer in a case alleging bad faith failure to settle and to provide an adequate defense.

Nationwide v. LaFarge Corp., United States District Court for the District of Maryland. In a declaratory judgment on coverage litigation initially involving 64 insurance carriers, many issues were settled on cross-motions, but an eventual three-week jury trial reduced the insured’s claimed defense costs, legal and expert fees by approximately $8 million.

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