United Refining v. National Union, et al, obtained summary judgment in arbitration for U.S., Lloyds and London Market Insurers in refinery’s contingent business interruption claim arising from rupture and shutdown of crude oil pipeline. The federal district court agreed the arbitration provision required arbitration and enforced the clause in the policies, United refining v. National Union, et al, 2013 U.S. Dist. LEXIS 175814 (E.D.Pa. 2013)
Markwest Hydrocarbon, Inc. v. Liberty Mutual Insurance Company, Birmingham Fire Ins. Co., ACE American Ins. Co., ARCH Ins. Co.Liberty Mut. Ins. Co., 558 F.3d 1184 (10th Cir. Colo. 2009) obtained summary judgment for quota share market dismissing pipeline operator’s claim and holding time element loss resulting from hydrostatic testing of pipeline was not covered. Court recognized all-risk insurance is not a maintenance contract.
TIC-The Industrial Company v. Liberty Mutual Ins. Co., CV-09-114, District Court Routt County (March 10, 2010), obtained summary judgment for insurer on consequential loss issue arising from damage to ethanol plant under builders’ risk policy. The Court disagreed with the often-cited Keating case and held an exclusion for consequential loss precluded coverage for “extended general conditions.”
Obtained summary judgement for insurer dismissing claims arising from restaurant fire under ISO policy provisions.
Represented foreign businesses and foreign and domestic insurers in an international arbitration under ICC Rules involving the collapse of a large OSB press and a resulting fire. The loss occurred in Canada and was arbitrated in Paris and Zurich.
Trial counsel in inverse condemnation case in Los Angeles involving fire caused by defective transformer and resulting in multi-million dollar recovery.
Obtained $5,800,000 settlement for subrogated insurer after winning liability phase of an inverse condemnation trial.
Co-trial counsel in the representation of several foreign and domestic insurance companies in litigation arising from the Olympic pipeline rupture and explosion in Bellingham, Washington. As a result of the unavailability of the pipeline, Atlantic Richfield sustained business interruption and extra expense losses. The litigation involved the resolution of coverage issues with Atlantic Richfield and a subrogation action against the owner and operator of the pipeline. The subrogation case settled for a confidential amount a month before trial was scheduled to begin in federal court in Seattle.
Represented insurers and individuals in recovery of property damage and personal injuries arising from St. Cloud, Minnesota Pipeline Explosion Litigation.
Multi-million dollar recovery for property insurer in large fire at rolled paper warehouse in Michigan, including cause and fire spread issues.
Multi-million dollar recovery for insurer in fire spread case arising from fire in warehouse facility in Southern Minnesota involving violations of building code requirements for separation walls.
Represented property insurer in recovery of damages caused by fire at historic University building.
Defended crane company in action arising from incident at oil refinery.
Represented insurance company in defense of $12 million arson claim dismissed on summary judgment. See RSBI Aerospace v. Affiliated FM Insurance Company, 49 F.3d 399 (8th Cir. 1995).
Represented trucking company in defense of action alleging invasion of privacy. Case was dismissed by motion and affirmed by Minnesota Supreme Court. See Bodah v. Lakeville Motor Express, Inc., 663 N.W.2d 550 (Minn. 2003).
Subrogation recovery for property insurer against multiple parties for damages caused by defective stainless steel pipe at chemical fertilizer factory in Missouri.
Subrogation recovery for insurer for losses caused by defective refrigeration system in large cold storage facility in Iowa.
Assisted insurer in evaluating subrogation potential of hundreds of claims arising from Northridge, California earthquake.
Subrogation recovery for damages caused by hydrochloric acid leak in computer chip manufacturing facility.