Representative Claims and Litigation Matters
- For the institutional owner of a luxury high rise apartment building in San Francisco, obtained a mediated settlement of the final eight-figure upper tranche of a $100 million commercial property insurance claim involving physical damage and business income loss caused by water damage.
- Secured funding from the liability insurers for a national public homebuilder to effect favorable settlements in underlying construction defect claims and suits presenting an aggregate damages exposure of nearly $190 million.
- For a joint venture in which our private equity client is the investor, obtained 100% funding from the project CCIP insurers for settlement of more than $20 million in construction defect and other claims asserted by the homeowners association and individual owners in a luxury high rise condominium project in Texas.
- Obtained a mediated eight-figure settlement for a subsidiary of a Fortune 300 diversified energy company of a property insurance claim for coverage of physical damage and business income loss in connection with the operation of a biomass-fueled electricity generation plant.
- As coverage counsel for the private equity member of the developer of a high rise, mixed use condominium project in Southern California, obtained a mediated settlement of an eight-figure construction defect suit by the homeowners association, funded by the client's OCIP general liability and professional liability insurers.
- Coverage counsel for the private equity owners of five luxury resort assets in Florida in connection with the clients' property insurance claim for physical damage and business income loss caused by a hurricane; obtained the final eight-figure upper tranche of a global settlement with the insurers.
- Prevailed on a motion for summary judgment for a development joint venture in which our private equity client was the investor member. The Court ruled that alleged construction defect-related bodily injuries and property damage at a high rise, mixed use condominium project in Southern California constituted a single "occurrence" under the joint venture's OCIP umbrella liability policy, requiring the JV to pay only one self-insured retention, not multiple SIRs as asserted by the insurer.
- Prevailed on a motion for partial summary judgment for a national public homebuilder; the Court ruled that property damage losses in over 200 homes in Florida constituted a single pollution incident under a contractors pollution liability (CPL) policy, requiring the client to pay only one self-insured retention, not multiple SIRs as asserted by the insurer.
- Obtained a mediated settlement for a national general contractor 100% funded by its CGL and excess insurers in a business tort case after an eight-figure adverse jury verdict and prior to retrial.
- Obtained a favorable mediated settlement for a national public homebuilder with its umbrella liability insurer on a property damage coverage claim involving over 300 homes in Florida, despite adverse law on the pollution exclusion in the forum state.