Cases
Experience: Representative Matters: National Collegiate Athletic Ass'n v. Ace American Ins., et al., 151 N.E.3d 754 (Ind. Ct. App. 2020), trans denied, 2021 WL 1095467 (Ind. March 21, 2021) (obtained
defended summary judgment through state supreme court appeal in favor of insurer client on issue of relation of antitrust claims filed against the NCAA eight years apart, barring coverage for client's full exposure on $45 million insurance tower).
Atain Specialty Ins. Co. v. Carolina Prof'l Builders, LLC, 2020 WL 5877143 (D.S.C. Oc. 2, 2020) (confirming lack of coverage for construction defect based upon continuous
progressive injury limitation).
Atain Ins. Co. v. Xcapes, No. 2:19-CV-05346, 2020 WL 4196004 (E.D. Pa. July 20, 2020) (obtained a ruling of no duty to defend or indemnify insured in underlying lawsuit alleging faulty workmanship
related, foreseeable damages arising therefrom).
Atain Ins. Co. v. Lesser, No. 2:19-CV-05346, 2020 WL 919698 (E.D. Pa. Feb. 25, 2020) (successfully defeated underlying plaintiff motion to intervene as of right or permissively in a CGL coverage dispute).
Atain Ins. Co. v. E. Coast Bus. Fire, No. 17-2545, 2018 U.S. Dist. LEXIS 15535 (E.D. Pa. Jan. 31, 2018) (granting insurer's motion for judgment on the pleadings, declaring no duty to defend or indemnify the insured for claims of negligence, negligence misrepresentation
unjust enrichment because the claims were not an 'occurrence' given all duties
breaches arise from contractual obligations).
Atain Specialty Ins. Co. v. Greer, 2016 WL 1569892 (S.D.Ill. April 19, 2016) - Obtained judgment in favor of insurer client on limits of liability exposure, enforcing policy exclusion.
Taylor, Bean & Whitaker Mort. Corp. v. Certain Underwriters at Lloyd's London, et al., Case No. 3:10-ap-00243, U.S. Bankruptcy Court, Middle District of Florida - Obtained multiple judgments in favor of insurer client on multiple claims for fidelity bond coverage relating to alleged $1 billion fraud loss.
Nancy Bartkowiak v. Underwriters at Lloyd's, London, Case No. 2012-CH-39995, Circuit Court of Cook County, Illinois - Obtained judgment in favor of insurer client defeating estoppel
bad faith claim seeking over $4 million in excess of policy limits. The decision was later upheld on appeal at Bartkowiak v. Underwriters, 2015 IL App (1st) 133549 (1st Dist. 2015).
Atain Specialty Ins. Co. v. Chouteau Prop. Man. Inc., 2014 WL 1759060 (S.D.Ill. May 2, 2014) - Obtained judgment in favor of insurer client on limits of liability exposure, enforcing policy exclusion.
Perfect Choice Exteriors, LLC v. Better Business Bureau of Central Illinois, Inc., Case No. 14 L 329, Tenth Judicial Circuit, Illinois - Obtained dismissal with prejudice of defamation claim against a non-profit client.
Represented insurer client in insurance coverage litigation on large scale construction development disputes involving additional insured
CGL insuring agreement defenses
resolved claims for fraction of amount sought.
Represent insurer clients in insurance coverage litigation on employment practices liability, D&O, professional liability
media liability coverage involving exposures of several million dollars.
Represent insurer clients, conducting investigations
advocating coverage regarding fidelity
crime coverage disputes involving employee dishonesty, computer fraud
social engineering schemes.
Representing private company client in litigation against claims deriving from non-compete provisions.
Representing multiple professionals
private companies in litigation against malpractice
general bodily injury claims.
