The firm serves as lead counsel for a large residential construction company in several so-called “construction defect” coverage cases arising out of class action litigation pending in California. We argued before the Georgia Supreme Court in a case in which the Court, answering certified questions from the United States Court of Appeals, reaffirmed the broad scope of products-completed operations hazard (PCOH) coverage in “construction defect” claims.

The firm served as lead counsel representing the former limited partners of a now-dissolved limited partnership that formerly owned and operated a chemical site, in lawsuits against four insurance companies to secure defense and indemnity of a series of toxic tort and CERCLA contribution claims that had been brought against the former limited partners. The Eleventh Circuit ruled favorably construing an anti-assignment clause in the insurance policies, which resulted in a settlement of the dispute. This was, and is, an issue of great importance across the country, given the prevalence of such anti-assignment clauses in insurance policies, and the decision is cited frequently by policyholders in that context.

Represented the policyholder in two related declaratory judgment actions filed by the carrier concerning its duty to indemnify for the costs of defense of a multimillion dollar case involving the California lottery under an errors and omissions professional liability policy.

Served as counsel in representing a leading U.S. media conglomerate with respect to insurance coverage issues arising out of the sale of its television channel and website businesses to a consortium of media and entertainment companies, as well as a related program for divestiture of the company's other media businesses.

The firm served as lead counsel in representing a major multinational corporation headquartered in Switzerland in two related international arbitration proceedings against a consortium of Swiss and German insurance companies for coverage in connection with several nationwide consumer class-actions and lawsuits brought by the client’s competitors alleging false designation of origin, false advertising and unfair and deceptive trade practices. Our client sought coverage under the “advertising injury” provisions of worldwide excess/umbrella policies issued by the consortium. Both arbitrations were ad hoc proceedings before well-known international arbitrators. The first proceeding settled favorably before the hearings. In the second proceeding, hearings were conducted in Zurich, Switzerland, after which the Panel issued a substantial monetary award to our client.

The firm served as lead counsel on behalf of Raytheon Company in litigation brought by a plant owner to recover indemnity for millions of dollars paid to settle toxic tort claims brought by our client’s employees, who had been injured when exposed to mercury during maintenance work at the plant. Applying Tennessee law comparative fault principles and interpreting the “to the extent” language of the indemnity clause at issue to bar indemnity for the partial fault of the plant owner, the Sixth Circuit affirmed the trial court’s ruling granting summary judgment to our client rejecting the owner’s contractual indemnity claims. Following remand, we settled the owner’s claims for contribution to its costs in cleaning up the mercury spill. Olin Corp. v. Yeargin, Inc., 146 F.3d 398 (6th Cir. 1998).

Represented the largest outsourcing company for the pharmaceutical industry, in connection with a claim against its carrier arising out of a suit by a large number of participants in a phase IV trial of a pharmaceutical drug, where two of the investigators had been convicted of fraud and scientific misconduct in connection with the clinical trials. Federal and Chubb brought a declaratory judgment action against our client regarding a D&O policy and a manuscripted healthcare policy in the Northern District of Georgia. We counterclaimed for breach of contract, declaratory relief, and bad faith. Related litigation was filed in the United States District Court for Middle District of North Carolina. The case eventually settled on a confidential basis.

Served as lead counsel representing the developer of a high profile, 54-acre project in a major title insurance claim arising out of an easement problem that had halted further construction. We also represented the company in negotiating the release of an easement by a major rail system, the purchase of a landlocked piece of property, a crossing agreement, a new easement, and other agreements with multiple owners of surrounding properties in connection with the consummation of the title insurance claim.

Represented a construction joint venture that served as the construction manager for a convention center, in a series of claims arising out of an all-risk builders risk policy issued as part of an owner-controlled insurance program.

Represented ABS Liquidating Trustee of Commercial Financial Services ("CFS"), at one time the fourth largest debt collection company in the United States, and successfully recovered under the banker's professional liability policy and the primary D&O policy from the insurance carrier for claims asserted against it in bankruptcy. CFS had securitized pools of bad debt, including unsecured credit card consumer debt, for which it then served as servicing and collection agent.

Represented the largest privately-owned apparel company in the United States, in an environmental coverage case arising out of former dry-cleaning operations at facilities in Georgia, Texas, and other locations. Our client brought an action in the United States District Court for the Northern District of Georgia, in which the Court issued a decision finding a duty to indemnify, rejecting the carrier’s “voluntary payments” and “late notice” defense. The case was then tried on the issue of damages, and settled favorably during the pendency of the carrier’s appeal to the Eleventh Circuit.