Cathy A. Simon

Partner

Practice Group Leader

Washington, D.C.
Business Phone: 202.662.2013
Business Fax: 202.654.5841

cathy.simon@troutmansanders.com

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Cathy has practiced law for more than 30 years. Her practice focuses on the representation of directors and officers and professional liability insurers. She also has substantial expertise both in insurance law issues and in the substantive areas of law giving rise to litigation against directors and officers of public corporations, financial institutions and non-profit organizations.

One of the mainstays of our D&O practice is the representation of insurers in connection with claims under D&O policies arising out of securities class actions and derivative lawsuits. Cathy is part of the Troutman Sanders team that handles approximately 150 such matters at any given time, including ones involving many Fortune 500 companies.

Representative Experience
On behalf of an insurer, successfully argued in Illinois federal court the application of the “Insured v. Insured” exclusion. Oliver v. Indian Harbor Ins. Co., Case No. 07-CV-5002 (N.D. Ill.)

On behalf of an insurer, obtained summary judgment in the district court on the issue of whether the insured breached the condition precedent in the claims-made insurance policy of timely notice. XL Specialty Insurance Company v. Financial Industries Corp., Case No. 06-CA-0356 (W.D. Tex.) (certified question from Fifth Circuit to Texas Court of Appeals pending).

On behalf of an insurer, obtained grant of motion to dismiss 18-count complaint against 23 defendants (of which six were against the insurer), alleging various tort and contractual claims in connection with denial of coverage under a D&O policy. Glascoe v. The Seville, A Condominium, Case No. CAL-05-23373 (Circuit Court of Maryland for Prince George’s County) (appeal pending before Maryland Court of Special Appeals).

After plaintiff voluntarily dismissed claims for breach of D&O policy, defeated plaintiff’s attempts to reinstate claims against an insurer. Glascoe v. Stezar, Case No. CAL 04-22787 (Circuit Court of Maryland for Prince George’s County). The decision was affirmed on appeal. Glascoe v Stezar, No. 1253 (Md. App. June 5, 2008).

Defended insurer in an action alleging breach of contract, bad faith, and violations of unfair and deceptive trade practices act, where insurer denied indemnity coverage under a D&O policy for underlying antitrust class action litigation.

Presentations and Speaking Engagements
“Darwin Training Program,” Hartford, CT (July 16, 2008).

“XL FLSA Seminar,” Hartford, CT (March 20, 2008).

“Travelers Claims Handling Seminar for Private Company Shareholder and Antitrust Lawsuits,” Hartford, CT (March 30, 2006).

“Travelers Underwriting Training Program,” Hartford, CT (April 5, 2004).

“VOSCO: Mergers & Acquisitions Discussion,” Chevy Chase, MD (April 16, 2002).

“D&O: Armageddon or the Dawn of a New Golden Age?,” Chicago, IL (PLUS Int’l Conference November 14-16, 2001).

“D&O Claims Handling Issues,” New York, NY (PLUS D&O Liability & Insurance Issues Symposium January 23-24, 1997).

Other Distinctions
Selected as a District of Columbia Leading Lawyer in Insurance by Chambers USA (2006)

Selected as a “Lawdragon 3000” Leading Lawyer (2006 and 2007)

Achieved an AV® Peer Review Rating from Martindale-Hubbell

Work Experience
Partner, Troutman Sanders LLP, 2009-present
Partner, Ross, Dixon & Bell, LLP, 1985-2008
Associate, Ross, Dixon & Bell, LLP, 1983-1985
Associate, Hogan & Hartson, LLP, 1978-1983
Associate, Melrod, Redman & Gartlan, 1976-1978

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Education

  • The George Washington University, J.D., with high honors, 1976
    Order of the Coif
  • Tufts University, A.B., cum laude, 1972


Bar Admissions

  • 1977 District of Columbia
  • 1976 Maryland


Court Admissions

  • U.S. District Court for the Northern District of California
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Supreme Court


Memberships

  • American Bar Association
  • Client Protection Fund of the Bar of Maryland
  • District of Columbia Bar
  • Professional Liability Underwriting Society