Michael Metzger

Michael Metzger offers two decades of experience resolving insurance coverage disputes. He counsels insurers and corporations and litigates on their behalf, when necessary, in complex coverage and claims-related matters.

Michael’s ability to synthesize information and distill what is material, an outgrowth of his military service, enables him to communicate complex ideas in understandable terms that facilitate the decision-making process for clients involved in significant matters.

Clients recognize Michael for his ability to analyze complex facts and legal issues concisely and put them in an actionable form. He further serves them by conducting in-house training on emerging insurance and claims-handling issues.

Michael has handled matters involving public entities, professional liability coverages, directors’ and officers’ liability, financial institutions coverage, complex commercial general liability claims, construction defect, products liability, additional insureds, motor carrier coverages, excess liability coverage, and extra-contractual exposure.

He has recently been called upon by leading insurers to handle COVID-19 coverage disputes such as disputes arising from first party property coverage as well as business interruption and economic loss claims arising out of the pandemic. Many of the cases concern places of public accommodation and hospitality which lost business due to shutdown orders.

Michael has been involved in litigation of catastrophic commercial property claims including claims arising from the 9/11 terrorist attacks and major storm damage.

His practice extends across the country, including disputes in California, Delaware, Georgia, Nevada, New Jersey, New York, Ohio, Pennsylvania, Texas and Wisconsin. He also has coordinated insurance coverage and commercial litigation outside the U.S. in Mexico and New Zealand.

Before law school, Michael served in the U.S. Navy as the supply officer of a nuclear submarine and the operations officer of a destroyer. He saw extensive sea duty with both the Atlantic and Pacific Fleets and attained the rank of Lieutenant Commander.

Michael earned his J.D. at the University of San Diego School of Law and his B.A. at the University of California, Santa Barbara.

Primary Practice Areas

• Arson & Fraud
• Climate, Energy & Environmental
• Construction Defect Coverage
• Contribution & Equitable Subrogation
• Extra-Contractual / Bad Faith
• Management Liability, Directors & Officers, and Financial Institutions
• Professional Liability / Errors & Omissions
• Public Entities Coverage

Areas of Focus

• Additional Insured Coverage
• Advertising Injury & Business Tort Coverage
• Business Interruption
• CGL Insurance Coverage
• Directors’ & Officers’ (D&O) Coverage
• Financial Services & Banking Coverage
• Professional Liability (E&O) Coverage
• Umbrella & Excess Coverage

(2016) Obtained declaratory judgment in favor of primary insurer against contractor and additional insureds seeking coverage for wrongful death and bodily injury claims arising from collapse of building in Philadelphia.

(2013) Assessed coverage and developed strategy for insurer facing $50 million exposure to demand by large school district for defense and indemnity of over 100 student-abuse claims and suits. Coordinated response with lead counsel for other primary and excess insurers on the risk during 14 year exposure period.

(2013) Saved primary insurer $700,000 as lead counsel defending equitable subrogation action by excess insurer in New York federal court arising from underlying wrongful death case in Virginia.

(2012) Advised and represented international insurer in response to demand by energy drink company for defense and indemnity of multi-million dollar liability claims arising from alleged infringement of wireless messaging and social media patents.

(2010) Defended major international hotel operator and negotiated settlement at substantially less than 10% of original $7 million demand in Texas personal injury suit arising from illness at a popular Mexican resort. Recovered 90% of settlement representing hotel operator’s insurer and directing local counsel in Mexican subrogation action against hotel’s owner.

(2008) Obtained one of the first protective orders limiting discovery in a federal civil action while a forum non conveniens dismissal motion was pending, capitalizing on the Supreme Court’s dicta endorsement of limited discovery in its 2007 Sinochem v Malaysia Shipping decision.

(2008) Mediated and negotiated settlement at slightly more than 10% of $2 million sought by other primary insurer in California equitable contribution action against domestic insurer of Chinese manufacturer of product involved in three wrongful death cases.

(2008) Won summary judgment and complete dismissal of third party claims against hotel client for indemnity or contribution in a New Jersey wrongful death case.

(2007) Represented New Zealand insurer responding to demand by New Zealand manufacturer for defense and indemnity of California personal injury action. Negotiated very favorable settlement with plaintiff and policyholder in California while initiating and coordinating litigation of coverage declination action in Auckland with New Zealand counsel.

(2005) As trial second chair, helped achieve complete defense verdict against demand of $22.5 million in products liability case involving alleged closed-head injury. In role as coverage counsel for insurer, monitored and liaised with independent counsel appointed for additional insured co-defendant.

(2004) As junior associate, part of team that saved insurer client $290 million in first party property coverage litigation arising from 9/11 attack on the World Trade Center.

• Professional Liability Underwriting Society

PUBLICATIONS & SPEAKING ENGAGEMENTS

What You Need to Know About Litigation Management Guidelines. Mealey’s Litigation Management Guidelines Conference, co-presenter, May 10, 2007.

CHARITABLE & CIVIC INVOLVEMENT AND PERSONAL INTERESTS

Served as pro bono child advocate in Philadelphia through the Support Center for Child Advocates.
Member, Delaware Valley Orienteering Association