Eileen has extensive experience representing insurers in high-exposure, complex insurance coverage disputes arising under various liability policies. She has litigated many “long-tail” environmental and asbestos insurance coverage matters in state and federal courts across the country. In that capacity, she has served as lead litigation and trial counsel in several significant matters. She has also argued summary judgment motions in various state and federal trial courts and has acted as lead appellate counsel. Eileen served as national coordinating counsel for a major insurer’s sexual abuse claims. She is often called upon to develop and implement a resolution strategy in difficult, multi-party actions and has consistently achieved highly favorable settlements for her clients.

Representative Experience
Successfully defeated claims made under a marine policy issued to a terminal operator by the owner of a pipeline seeking to recover millions of dollars as the result of a pipeline explosion. Secured summary judgment on behalf of terminal operator’s insurer by convincing a Washington court that it should consider extrinsic evidence of intent of the parties to the contract and reject pipeline owner’s claim that it was an insured under the policy at issue. Successfully defended appeal of summary judgment finding before Washington Appellate Court.

Served as lead trial counsel for insurer in long-tail environmental coverage dispute tried in Douglas County, Nebraska in case involving issues of first impression in that state. Argued appeal brought before Nebraska Supreme Court.

Served as lead counsel for general liability insurer in asbestos coverage litigation brought by policyholder in Minnesota state court. Initiated reformation claim on behalf of insurer which resulted in highly favorable settlement for insurer shortly after summary judgment on reformation claim was argued.

Successfully obtained order of rescission for series of general liability policies issued to manufacturer of plumbing products, eliminating potential exposure of over $10 million for client.

Retained to represent insurer with respect to demand made by municipality to provide coverage for claims asserted by individuals against the City and its police officers for alleged constitutional and civil rights violations made by individuals who claim to have been wrongly charged, prosecuted and convicted of murdering police officer.

Assisted insurer clients in negotiating settlement of high-profile tort cases arising from fire at County-owned building in Illinois while preserving claims against other insurer. Initiated equitable subrogation claim against other insurer to recoup amounts paid by client in settlement.

Regularly counsels clients with respect to underlying claims involving complex insurance coverage issues, including the nature and extent of the duty to defend; “targeted tender”; trigger of coverage; allocation; potential bad faith claims; responding to settlement demands; policyholder and other insurer insolvencies; late notice; and breach of cooperation.

Presentations and Speaking Engagements
ABA Insurance Coverage Annual Meeting

Speaker on “Issues Involving Exhaustion Of Aggregate Limits Of Primary Policies.”

Conducted training seminars for various insurance company clients on issues relating to claim handling, potential bad faith claims, the duty to defend and reservation of rights.