Everest National Ins. Co., et al. v. Illinois Union Ins. Co., et al., County of Kings, New York (2017)
SBRS obtained summary judgment for clients with respect to claims as to a duty to defend, compelling other insurers to defend SBRS’ insured clients as additional insureds under their respective policies, and to reimburse SBRS’ insurer client for past defense costs.
First Horizon National Corp. v. Houston Cas. Co., Western District of Tennessee (2017)
SBRS obtained summary judgment for its client under a Blended Risk Insurance Program totaling $75 million, with a finding that the insurers properly denied coverage under their policies because the underlying claim against the insured did not fall within the applicable policy period, and, even if it did, the insured failed to give proper notice of the Claim. The Court also concluded that the insured’s bad faith claim failed, and dismissed all claims in the matter with prejudice.
Eastern District, Pennsylvania (October 2015)
Obtained dismissal of breach of contract and bad faith claims on summary judgment in a contentious coverage dispute involving claims asserted by the Commonwealth of Pennsylvania against an insured alleging violations of Pennsylvania’s Solid Waste Disposal Act and Clean Streams Law in connection with the insured’s operation of a facility for the processing of concrete, asphalt, timber and uncontaminated soil.
New Jersey (2015)
Successfully moved to quash existing court orders permitting substituted service upon clients on coverage and constitutional bases.
R.T. Vanderbilt Company, Inc. v. Hartford Accident & Indemnity Co., et al., Superior Court, Judicial District of Waterbury Connecticut, (March 2014)
Complex Litigation Dep’t, No. X02-CV-07-5016321S (Phase II Trial) (served as lead counsel for 28 insurers in a 5-week insurance coverage declaratory judgement trial involving underlying asbestos, silica, and talc-related claims)(resulted in policy holder being allocated 14 years of defense post-1986).
R.T. Vanderbilt Company, Inc. v. Hartford Accident & Indemnity Co., et al., Superior Court, Judicial District of Waterbury Connecticut
Complex Litigation Dep’t, No. X02-CV-07-5016321S (Phase I Trial) (served as lead counsel for 28 insurers in a 2-week insurance coverage declaratory judgment trial involving underlying asbestos, silica and talc-related claims).
Obtained summary judgment in large first-party case establishing that cost to refill sinkholes was not covered.
Obtained summary dismissal on behalf of umbrella liability insurer in multi-million dollar consent to settle case.
Insurer/client obtained summary judgment in multi-million dollar construction injury case.
Anna Kormilitsyna, et al. v. Everest National Insurance Co., Supreme Court of New York, County of New York, (2013)
Index No. 650769/2013 (partial summary judgment entered dismissing declaratory judgment count and breach of implied covenant of good faith and fair dealing)
Bear Hauling v. Colony (Oklahoma 2013)
Insurer/client awarded summary judgment that coal ash and fracking debris exposure was not covered under CGL policy.
Pelligrino v. Colony (New Jersey 2013)
Insurer/client granted summary judgment on E & O claims based upon establish pre-existing notice of possible claim.
Skrip v. Engle Martin Claims Admin. Svcs., et al. (Pa. Ct. Common Pleas 2013)
SBRS obtained dismissal of its claims administrator client from a multi-count bad faith case, on the grounds of standing and legal insufficiency.
Pryor v. Newcastle Hauling (Kentucky 2012)
Insurer/client awarded summary judgment in liability coverage action arising out of underlying wrongful death case. The Court determined that amended employee injury exclusion applied to contractors.
Colony v. Sorenson (Kentucky 2011)
The Federal District Court, in a 48-page opinion, granted our client’s motion for summary judgment holding that the insureds’ failure to comply with the “claims made and reported” provision in an excess policy resulted in a multi-million dollar gap in coverage between primary and excess layers.
Spider Construction v. Colony (New Jersey 2011)
Court awarded judgment to client/liability insurer in eight figure construction defect case on the basis of a policy limitation restricting coverage to “designated operations.” In reaching its holding, the Court created favorable new law restricting substituted service upon insurers in New Jersey.
Steadfast v. AES (Virginia 2011)
SBRS attorney served as trial and appellate counsel in litigation designated as a “Top 10 Insurance Case of 2011.” In this high-profile case of first impression, our client successfully established that climate change nuisance claims are not covered under CGL policies.
SPX v. ICSOP (Pennsylvania 2010)
A state court (Philadelphia County) judge awarded summary judgment to excess insurer/client recognizing the applicability of an $8 million set-off based upon a novel horizontal exhaustion theory.
American Guar. & Liab. Ins. Co. v. Intel Corp. (Delaware 2009)
Obtained summary judgment for an insurer in an advertising injury coverage action in which the underlying case was described as potentially becoming one of the largest antitrust cases ever in the United States.
Johnny Word v. ACE (Florida 2009)
Insured sought $2 million in under-insured motorist coverage under his employer’s liability insurance policy. Prior counsel had recommended a $1 million settlement, but an SBRS lawyer recommended filing a dispositive motion. The Court granted ACE’s motion for summary judgment, creating highly favorable case law in Florida on UIM waiver issues.
Eagle Access, LLC v. Fireman’s Fund (Alabama 2008)
In first party coverage action, the insured sought $350,000 as a result of damage sustained to construction equipment, and vigorously pursued bad faith claims. After briefing of motion for summary judgment, case was dismissed.
Essex Builders v. One Beacon (Florida 2007)
Insured was represented by premier Florida bad faith firm in this construction defect coverage case. Similarly situated co-defendant paid $2 million to settle its exposure, and prior counsel suggested that our client make a “seven figure offer.” An SBRS lawyer recommended against settlement, and the client prevailed on the coverage issues, creating favorable new law on what constitutes an “occurrence.” The Federal Court also awarded our client $78,000 in prevailing party attorney’s fees.
Mar-Khem Industries v. Maryland Casualty (New Jersey 2007)
Our client prevailed on summary judgment in first party water damage case in which the insured sought to recover damages in excess of $1 million.
Township of Hamilton v. Zurich (New Jersey 2007)
The insured, in this first party coverage case involving mold damage to a government building, sought over $3 million in damages. Our client prevailed on all issues on summary judgment.
Sterling Gardens v. Zurich (Pennsylvania 2007)
After verdict was rendered against our client in a case involving property damage sustained within the insured’s greenhouse due to a freeze, an SBRS lawyer was retained to file an appeal. He was successful in having the judgment reversed by the Pennsylvania Superior Court, and in having the defense verdict upheld by the Pennsylvania Supreme Court.
Federal-Mogul Products, Inc. v. AIG Cas. Co. et al. (New Jersey 2006)
Obtained dismissal against one competing claimant seeking asbestos bodily injury coverage, eliminating excess insurer client’s potential exposure to that claimant.
Lexington v. Western Pa. Hospital (Pennsylvania 2005)
Successfully upheld federal trial court victory for professional liability excess insurer, resulting in first known appellate decision to examine and enforce claims-made requirements in a follow-form excess policy.
National Coordinating Counsel For Mold Claims (Claims in all 50 states 2002-2009)
An SBRS lawyer oversaw a team of 20 lawyers as national coordinating counsel for mold claims and litigation for large international insurer. This team resolved over 400 matters with no adverse verdicts or extra-contractual liability.