Areas of Practice

Insurance Coverage Litigation & Counseling

Our attorneys routinely represent insurance companies in complex coverage litigation in Virginia, Washington, D.C., and Maryland.  Our coverage expertise spans a full range of insurance coverages, including commercial general liability, professional liability, employment practices liability, employee benefits liability, commercial automobile/garage, auto/uim, workers’ compensation, property, business interruption, inland marine, fiduciary liability, technology errors and omissions liability, directors’ and officers’ liability, umbrella, reinsurance, and various specialty coverages.

Our attorneys also advise insurers on a variety of coverage matters, such as policy rescission, extra-contractual liability avoidance, as well as the duty to defend and issues surrounding reservation of rights.  In addition, our attorneys have issued numerous coverage opinions.  We take pride in providing coverage opinions that are timely, accurate and useful. 
Our attorneys have also represented insurers in coverage disputes in courts in Florida, Georgia, Kentucky, Mississippi, Tennessee, and Texas.  In addition, we provide advice to carriers nation-wide with respect to emerging insurance coverage issues. 

Insurance Practice Group Leader – John Mumford   

 RECENT ENGAGEMENTS / SUCCESSES

  • Currently representing insurance carrier in action where policyholder-builder seeks insurance coverage under a CGL policy for costs to replace and remediate Chinese drywall installed in homes the policyholder built.
  • Obtained declaratory judgment from the United States District Court for the Eastern District of Virginia (Richmond Division) declaring that an insurer did not owe a duty to defend under the liability coverage of a homeowners’ policy with respect to a suit against the policyholder arising from his involvement in a fight.  See Travelers Ins. Co. v. Bruner, 2007 U.S. Dist. LEXIS 79279 (E.D. Va. 2008).
  • Working in conjunction with national counsel, granted a Motion to Dismiss by the United States District Court for the Eastern District of Virginia (Richmond Division) holding that the plaintiff-policyholder could not pursue punitive or exemplary damages as part of a bad faith claim.  See TIG Ins. Co. v. Alfa Laval, Inc., 2008 U.S. Dist. LEXIS 17131 (E.D. Va. 2008). 
  • Obtained summary judgment from the Chesapeake Virginia Circuit Court declaring that an insurer did not owe coverage under a commercial auto policy for a suit alleging brain injury.
  • Obtained summary judgment from the United States District Court for the Eastern District of Virginia (Alexandria Division) declaring that an insurer did not owe a duty to defend or indemnify under a CGL policy for a wrongful death claim.
  • Obtained judgment from a Virginia Circuit Court declaring that an insurer owed no “advertising injury” coverage under a CGL policy for a copyright infringement suit on the grounds of the prior publication exclusion.
  • Successfully represented an insurer at the mediation of an insurance coverage dispute arising from the partial collapse of a historic building during a renovation project where the insurer had issued a CGL policy to the general contractor.    
  • Working in conjunction with national counsel, obtained summary judgment from the United States District Court for the Eastern District of Virginia (Alexandria Division) declaring that an insurer did not owe a duty to defend or indemnify a cremation company under a CGL policy against a claim that the cremation company mishandled remains.  See Bohreer v. Erie Ins. Group, 475 F. Supp. 2d 578 (E.D. Va. 2007).

RECENT PUBLICATIONS & PRESENTATIONS

  • Importance of Periodic Coverage Reviews, Captive Insurance Company Reports (CICR), February 2009.
  • Determining the Number Of Occurrences In The Context Of Multiple Injuries Caused By A Single Perpetrator,Coverage, Volume 18, Number 6, November/December 2008.
  • Has Your Captive’s Coverage Forms Kept Up With Your Needs?, Bermuda Captive Conference, Southhampton, Bermuda, June 2008.
  • Managing Category Five Claims, Bermuda Captive Conference, Southhampton, Bermuda, June 2008.
  • Twenty Ways To Lose Your Coverage Fight, ABA Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, March 2008.
  • When Settlement Is Not Enough: Could An Insurer Be In Bad Faith Because It Settled?, Coverage, Volume 17, Number 8, November/December 2007.
  • Negotiating And Implementing Litigation Management Guidelines, Mealey’s Litigation Management Guidelines Conference, New York, New York, May 2007.
  • Professional Liability Insurance Coverage Issues – A Primer, Virginia State Bar Annual Meeting, Virginia Beach, Virginia, July 2006.
  • Lost & Found – Litigating A Lost Policy Case, ABA Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, March 2005.