Pat is a trial and appellate litigator, representing clients in courts nationwide for over 20 years. He represents insurers in complex coverage disputes, specializing in issues at the intersection of insurance law and corporation law. He is a recognized expert in the treatment of insurance rights in corporate mergers and reorganizations. He litigates insurance coverage disputes involving mass torts, environmental claims, asbestos, terrorism and catastrophes. He has also developed expertise in the use of decision analysis for litigation strategy and settlement.
Publications
“Corporate Succession and Insurance Rights after Henkel: A Return to Common Sense,” 42 Tort, Trial and Insurance Practice L.J. 763 (2007).
"The Fallacy of Personal Injury Liability Insurance Coverage for Environmental Claims," 12 Va. Envtl. L.J. 393 (1993).
Notable Cases
- PB Americas Inc. v. Continental Cas. Co., 690 F. Supp. 2d 242 (S.D.N.Y. 2010)
In case involving professional liability coverage for claims arising out of the "Big Dig," obtained dismissal of 2 of 3 counts and narrowed issues for litigation, leading to later settlement.
Affirming summary judgment in favor of insurer holding that over-15-year delay in giving notice to insurer of environmental claims was unreasonably late as a matter of law, and that insured failed to rebut presumption of prejudice to insurer (See Advisory on this case.).
- World Trade Center Properties, L.L.C. v. Hartford Fire Ins. Co., 345 F.3d 154 (2d Cir. 2003), aff’g 222 F. Supp. 2d 385 (S.D.N.Y. 2002)
Prevailed in establishing that September 11 attack on World Trade Center was one “occurrence,” not two, for insurance purposes.
- Henkel Corp. v. Hartford Acc. and Indem. Co., 29 Cal. 4th 934, 62 P.3d 69, 129 Cal. Rptr. 2d 828 (2003)
Obtained ruling, reversing intermediate court of appeal and rejecting Ninth Circuit prediction of California law, that insurance rights may not be assigned to purchaser of corporate assets absent insurer consent.
- Travelers Ins. Co. v. Eljer Mfg., Inc., 197 Ill. 2d 278, 757 N.E.2d 481 (2001)
Mere incorporation of defective product into other property is not “physical injury to tangible property” covered by insurance policies; ruling reversed intermediate appellate court and rejected contrary Seventh Circuit opinion.
- Harrow Prods., Inc. v. Liberty Mut. Ins. Co., 64 F.3d 1015 (6th Cir. 1995)
Pollution claims are not covered under policy provisions insuring against the torts of wrongful entry or eviction or other invasion of the right of private occupancy.
- Fibreboard Corp. v. Hartford Acc. & Indem. Co., 16 Cal. App. 4th 492, 20 Cal. Rptr. 2d 376 (1993)
Claims arising out of insured’s products are subject to the products hazard definition (and aggregate limits), no matter what theory of liability plaintiffs assert; conspiracy claims allege intentional wrongdoing and are not covered; asbestos-in-building claims are not covered by “personal injury liability” insurance for “wrongful entry or eviction”.
Expertise
Extensive expertise in insurance coverage for asbestos, environmental and mass tort claims, and claims involving construction defects, defective products, lead paint, toxic exposures, pharmaceuticals, and oil drilling operations.
Expertise in the following insurance issues:
- Number of occurrences
- Products/completed operations hazard
- Trigger of coverage and allocation
- Definition of “property damage”
- Definition of “occurrence”/“expected or intended”
- Economic loss doctrine
- Advertising injury and personal injury
- Bad faith
Extensive expertise in the use of decision-tree analysis for complex litigation.