For over 30 years, David’s practice has involved insurance coverage and professional liability defense work. The focus of his practice has been directors and officers liability insurance, including corporate, financial institutions, nonprofits, and related areas. During the financial institution crises of the late 1980s and early 1990s, he litigated coverage issues in D&O liability policies with various federal agencies, including the FDIC and the RTC. He also is involved in representing defendants and insurers in employment liability cases and represents insurers in handling fiduciary liability claims, insurance fraud cases, and claims under financial institution bonds and commercial crime policies.  A recent Chambers review described David as “bright, practical and responsive,” who “has an excellent understanding of coverage issues, and is pragmatic in terms of offering business-savvy solutions.”  He was also described as “a wonderful legal negotiator.”

In addition to claims counseling and litigation, David often is asked to assist clients in drafting new policies and bonds in a wide range of areas, including D&O liability policies, employment practices liability policies, fiduciary liability policies, and financial institution bonds and commercial crime policies.

Representative Experience
Drafted combined risk policies for leading casualty insurers that combined directors and officers liability, employment liability, fiduciary liability, and fidelity bond coverages under one policy form.

Served as lead trial and appellate counsel in Pennsylvania state court in which court affirmed that prior and pending litigation exclusion was unambiguous and precluded coverage for lawsuit. Universal Teleservices Arizona, LLC v. Zurich American Ins. Co., 879 A.2d 230 (Pa. Super. 2005).

Served as lead counsel in the first federal appellate court decision upholding the validity and enforceability of the regulatory exclusion in such policies, American Casualty Co. v. FDIC , 944 F.2d 355 (8th Cir. 1991).

Served as lead trial counsel in which jury voided accidental death policy because evidence established insured’s brother murdered insured in order to collect policy proceeds for charities controlled by him. Cerro Gordo Charity v. Fireman’s Fund American Life Ins. Co., 819 F.2d 1471 (8^th Cir. 1987).

Presentations and Speaking Engagements
Professional Liability Underwriting Society 2006 D&O Symposium, Mediation Issues for Insurers (February 2, 2006).

Preventing Allegations of Bad Faith in Professional Liability Claims, American Conference Institute (December 2004).

New Exposures Under Professional Liability Coverage, American Conference Institute (September 2002).

Pre-Suit Notice Under Claims-Made Policies, ABA Section of Litigation, Insurance Coverage Litigation Committee (March 1999).

Settlement Allocation Under Directors’ and Officers’ Liability Policies:  A Return to Basics, ABA Section of Litigation,  Insurance Coverage Litigation Committee (March 1995).

Publications
The New Wave of Corporate Fiduciary Claims in the Post-Enron Era: An Update (April 1, 2004).

“D&O Liability Insurance in an Environment of Corporate Scandal,” ABA Tort Source (Spring 2003).

“The New Wave of Corporate Fiduciary Claims in the Post-Enron Era,” PLUS Journal, Vol. XV, No. 11 (November 11, 2002).