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- Represented Fortune 200 homebuilder in multi-carrier coverage and bad faith litigation concerning underlying copyright infringement matter seeking approximately $1 billion in damages. After obtaining summary judgment from the trial court that the carriers owed a defense obligation, the case was resolved on favorable terms to our client.
- Successful defense of law firm in immigration-related legal malpractice litigation where plaintiffs sought $380 million in lost profits, plus punitive damages. After refuting plaintiffs’ allegations through extensive discovery and investigation involving third-party witnesses in U.S., Europe and Australia, plaintiffs dismissed the lawsuit in the face of a summary judgment motion.
- Represented insurer sued by claimant/reinsurer in coverage litigation to collect $1 million judgment entered against insured/insurance agency for premium undercharges on Arizona automobile program. After filing evidence-intensive summary judgment motion on “prior acts/prior knowledge” exclusion in E&O policy, litigation was resolved on terms favorable to client.
- National lead counsel for major workers compensation insurer and its affiliates in multiple state and federal court putative class action lawsuits in which policyholders sought damages over $100 million for alleged improper overcharges on a variety of loss-sensitive policies. Successfully defeated class certification motions filed by plaintiffs in several jurisdictions, and obtained a reversal from the Fifth Circuit of a district court class certification ruling. In light of the class certification denials, we were able to resolve the litigation on favorable terms to our client.
- Lead counsel for major personal lines insurer in Texas statewide putative class action litigation concerning alleged violation of unfair discrimination statute in context of zip-code rating practices. Successfully defeated efforts by Plaintiffs to certify the class, thereby paving the way for favorable resolution for client.
- Successful defense of attorney in litigation alleging negligent misrepresentation of secured creditor in borrower’s bankruptcy.
- Successful defense of large mortgage brokerage/lending firm in case where plaintiff alleged that defendant’s former employee stole prospective borrower’s identity and personal financial information and opened various credit accounts in borrower’s name.
- Successful representation of professional liability insurer of corporate nursing home chain in recovering partial indemnity of defense costs and settlements from nursing home’s primary lender, pursuant to terms of contracts that secretly turned over practical control of nursing homes to lender, for lawsuits filed against nursing home by its residents.
- Pro bono representation of 8 year-old child whose family car was struck by insolvent drunk driver resulting in severe closed head brain injury to child. Obtained recovery of full insurance policy limits paid by liability insurer covering the drunk driver, notwithstanding significant coverage problems. Also obtained full policy limits paid by client family’s underinsured motorist carrier and convinced ERISA health insurance plan that had paid medical bills to forego any subrogation reimbursement out of policy limits settlement.
- Obtained summary judgment on behalf of an insurance carrier against a third-party seeking to recover under a motor truck cargo policy wherein the third-party asserted that it was entitled to recover for a loss allegedly caused by the carrier’s insured.
- Obtained summary judgment on behalf of insurance carrier against first-party claims brought by insureds seeking underinsured motorists coverage under their commercial automobile policy.
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