We have represented both insureds and carriers in the D&O context, as well as carriers and policy holders in various coverage disputes, including, for example, the following:
- Representation of real estate investment company to enforce judgment against bankrupt real estate development company and its principals. Developed claim against judgment debtors’ insurance carrier for wrongfully disclaiming insurance coverage and indemnification. Obtained relief from automatic stay to pursue claim against insurance carrier. Brought expedited turnover proceeding which carrier’s counsel removed to federal court. Overcame carrier’s principal defense by articulating a compelling argument to the federal magistrate judge that debtors provided timely notice of the claim to the carrier, thereby causing the magistrate to pressure the carrier to settle the action for a highly favorable sum.
- Representation of a high-tech medical start-up company developing a new scanning device for detection of early-stage breast cancer and its chairman in defense of claims of securities fraud in a multi-plaintiff action pending in federal court in Texas and in a state court action in New Jersey against the directors’ and officers’ liability insurance carrier. Although the carrier initially disclaimed coverage, our claims in the state court action persuaded the carrier to finance the settlement, thereby eliminating any exposure for our individual clients.
- Defense of fund director of union pension fund against claims of embezzlement, breaches of fiduciary duty, faithless servant liability and unjust enrichment. Developed aggressive counterclaims asserting wrongful termination and whistleblowing. Obtained partial D&O coverage to defray client’s legal costs. Litigation involved extensive electronic discovery and multiple party and non-party depositions. Navigated numerous discovery disputes including those relating to bogus claims of HIPPA violations against our client. Successfully positioned action for mediation and made compelling mediation presentation to federal magistrate which led to fully favorable settlement. Handled pre- and post-litigation inquiries from the Department of Labor without issue or further investigation of the client.