Member News ArchivePosted 12/27/2023 Posted 12/8/2023 Posted 12/4/2023 Posted 11/13/2023 DBusiness magazine recently named ACCC Fellow Charles W. Browning as one of 10 metro Detroit attorneys from Plunkett Cooney to its 2024 list of “Top Lawyers.” DBusiness is a Detroit-based multi-media platform that provides daily news coverage about the business climate in southeast Michigan. Its annual Top Lawyers list was created by Professional Research Services and is based on an online peer-review survey sent to the certified lawyers in the metro Detroit area. The 2024 metro Detroit “Top Lawyers” list will be published in a special section of the November/December edition of DBusiness magazine. Posted 10/6/2023 Posted 8/11/2023 Michigan Super Lawyers magazine recently named ten metro Detroit attorneys from Plunkett Cooney, one of the Midwest’s oldest and largest law firms, to its 2023 list of "Super Lawyers". ACCC Fellows Charles W. Browning and Kenneth C. Newa were among those named on the list. Established in 1913, Plunkett Cooney is a leading provider of business and litigation services to clients in the private and public sectors. The firm employs approximately 130 attorneys in seven Michigan cities, Chicago, Illinois, Indianapolis, Indiana and Columbus, Ohio. Plunkett Cooney recently received Mansfield Rule Certification for midsize law firms, which recognizes leaders in diversity, equity and inclusion within the legal industry. Posted 5/15/2023 ACCC Fellows Neil H. Selman and Sheryl W. Leichenger are pleased to announce the formation of Selman, Leichenger, Edson, Hsu, Newman & Moore LLP. ACCC Fellow Bryan M. Weiss has been named a Partner in the new firm. The firm has its roots in Selman Breitman, LLP, which was founded in 1980. On January 1, 2023, the leaders of its insurance coverage practice groups started the firm anew, to focus exclusively on the practice of insurance coverage and litigation. Selman Leichenger Edson Hsu Newman & Moore LLP will continue to serve the insurance industry nationwide, from its offices in Los Angeles, San Francisco, San Diego, and the Pacific Northwest. The firm remains committed to its fundamental principles and values, with a focus on legal excellence and unmatched client service. Neil Selman will be turning over firm management to Co-Managing Partners Sheryl W. Leichenger and Eldon S. Edson. The new Selman firm will be a majority women-owned business and will honor its commitment to diversity and inclusion while still providing the highest level of service in the areas of insurance coverage analysis, coverage litigation and trial work, as well as the firm’s well-known experience and track record in appellate matters. “We look forward to this new chapter in the firm’s evolution and are excited for the opportunity to continue to provide our insurance company clients with the quality services we have always been proud of,” said Co-Managing Partner Sheryl W. Leichenger. Neil H. Selman has decades of experience representing insurers in coverage and related matters, including first- and third-party property-casualty issues, bodily injury, property damage, advertising and personal injury coverages, construction and environmental matters, sports and entertainment coverages, and professional liability, as well as extracontractual issues. Neil advises his clients on business practices, underwriting and claims handling, and drafts policy language and endorsements. His experience also includes primary/excess issues and the representation of surplus lines carriers. Additionally, he is involved in the defense of insureds, and has nationally-coordinated cases involving toxic substances. Neil is the Co-Author and Co-Editor of the 2016 and 2017 LexisNexis Matthew Bender Practice Guide: California Insurance Coverage and Litigation. Sheryl W. Leichenger focuses her practice on representing insurers in complex coverage disputes and coverage litigation, including cases arising out of extracontractual matters, emphasizing third-party insurance coverage, construction and environmental matters, products liability, professional liability, food liability, and underwriting disputes. She has been named to Super Lawyers’ “Top 50 Women in Southern California” nearly each year since 2007 and is one of the authors of the LexisNexis Matthew Bender Practice Guide: California Insurance Coverage and Litigation. Bryan M. Weiss provides coverage advice to insurers and represents insurers in declaratory relief, bad faith, and insurance-related appeals. Bryan handles claims and disputes arising out of a variety of liability policies, including CGL, homeowners, personal and commercial auto, and professional errors & omissions policies. He has been included in the 2019-2022 editions of “Best Lawyers” in the area of Insurance Law and has argued a number of cases before state and federal courts resulting in several published opinions. Bryan has been called upon by clients and organizations to provide presentations on a wide variety of issues involving insurance law. Posted 5/1/2023 Insurance coverage lawyers Meredith Werner, Leslie Ahari and Douglas Mangel announced the launch of their new national boutique law firm, Werner Ahari Mangel LLP (WAM). The firm includes 22 lawyers with an office in Washington, D.C. The six additional founding partners are Joseph Bailey, Cary Economou, Alan Joaquin, Nena Mashaw, Gabriela Richeimer and Stacey Rufe. WAM lawyers represent insurance companies in complex, high-importance and high-exposure insurance coverage matters, counseling clients in a wide variety of claims monitoring and coverage matters and defending coverage and bad faith litigation across the country. WAM will represent clients in connection with D&O liability, financial institutions professional liability, employment liability, cyber liability, fidelity bond, private equity and reps and warranties insurance policies. “We are excited to launch our insurance coverage boutique with an experienced team. We will continue to serve the insurance industry as its most trusted coverage advisors and go-to litigators,” said Meredith Werner. Meredith Werner has represented insurers in connection with thousands of securities class actions, derivative actions, merger lawsuits, and ERISA stock drop suits. She has a depth of experience assessing and resolving shareholder litigation on behalf of D&O insurers. Meredith was elected to the prestigious American College of Coverage Counsel in 2022 and has been recognized as a leading lawyer for insurers by Chambers USA. Leslie Ahari is one of the most sought-after D&O insurance coverage lawyers in the country. She has served as coverage counsel in some of the most serious D&O exposures that have occurred in the U.S., including Enron, Adelphia, Refco and MF Global. Leslie has been recognized as a leading lawyer for insurers by Chambers USA. Douglas Mangel focuses on the representation of insurers in connection with complex insurance coverage disputes arising under a broad variety of professional liability policies, including private company D&O and financial institution professional liability policies. He has served as lead litigation counsel in numerous high severity cases in state and federal trial and appellate courts around the country. For more information, visit www.wam.law. Posted 4/21/2023 Posted 3/16/2023 Posted November 15, 2022
DBusiness names ACCC Fellows Browning and Newa from Plunkett Cooney among its 2023 Top Lawyers DBusiness magazine recently named eight metro Detroit attorneys from Plunkett Cooney, one of the Midwest’s oldest and largest law firms, to its 2023 list of “Top Lawyers.” ACCC Fellows Charles W. Browning and Kenneth C. Newa were among those named on the list. DBusiness is Detroit-based multi-media platform that provides daily news coverage about the business climate in southeast Michigan. Its annual Top Lawyers list, which was published in the November/December edition of DBusiness magazine, was compiled based on a peer-review survey of attorneys in Wayne, Oakland, Macomb, Washtenaw and Livingston counties seeking lawyer nominations in 50 practice areas. Established in 1913, Plunkett Cooney is a leading provider of business and litigation services to clients in the private and public sectors. The firm employs approximately 140 attorneys in seven Michigan cities, as well as in Chicago, Illinois, Columbus, Ohio and Indianapolis, Indiana. Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms, and it was recently named a “Best Law Firm” nationally in 11 practice areas as determined by U.S. News – Best Lawyers® in 2022.
Tobin is one of five women selected by Corporate Counsel to receive award Robinson+Cole Managing Partner Rhonda J. Tobin is one of five women selected for recognition as “Managing Partner of the Year” as part of Corporate Counsel’s 2022 Women, Influence and Power in Law (WIPL) Awards. Tobin was profiled in a special supplement published on October 17, 2022 and presented with the award during a ceremony on October 18, 2022 hosted in conjunction with the WIPL Conference in Washington D.C. A trial lawyer who has spent her entire thirty-two-year law career at Robinson+Cole, Tobin has significant trial experience in state and federal courts and has been involved in high-profile insurance coverage litigation on behalf of insurers, including the September 11 terrorist attacks, sexual abuse claims involving the Catholic church and academic institutions, and coverage issues arising out of the #MeToo movement and the COVID-19 pandemic. Prior to becoming the first woman to lead the 177-year-old firm as Managing Partner, Tobin served on Robinson+Cole’s Managing Committee for 12 years and as a chair of the firm’s Litigation Section for 13 years. Since assuming the Managing Partner role, Tobin has continued executing on the firm’s Strategic Plan while ensuring loyalty to the firm’s core values of collaboration, civility and inclusion. During her tenure, the firm has experienced strategic, targeted growth by expanding its practice and geographic diversity. This has been accomplished through lateral hires which have deepened the strength of several practice areas, including bankruptcy, health care, intellectual property, business litigation, real estate and affordable housing, managed care and insurance. Tobin has also overseen the launch or continuation of several diversity, equity and inclusion (DEI) initiatives, including becoming Mansfield Rule certified, providing billable-hour credit for participation in DEI-related activities, and instituting the use of personal pronouns, which create a more inclusive workplace and empower diverse lawyers to become leaders in the firm. Tobin’s reputation, as well as her expertise and knowledge in insurance coverage litigation, led to her election as a Fellow of the highly-selective American College of Coverage Counsel. Earlier this year, she was listed in the Hartford Business Journal’s 2022 Power Players section highlighting the region’s most influential leaders and was also selected as one of the publication’s 15 “Women in Business” honorees for 2020. In addition, Tobin was recognized in the National Law Journal’s 2021 Insurance Law Trailblazers list for being a leader in the insurance industry. She was also honored in 2020 by Business Insurance as one of its 30 “Women to Watch” in North America. Tobin is a Fellow of the American Bar Foundation and The Connecticut Bar Foundation, and has been active in, the Defense Research Institute (DRI), Claims and Litigation Management Alliance (CLM) and the Professional Liability Underwriting Society (PLUS). The WIPL Awards honor general counsel and other in-house leaders as well as law firm leaders who have demonstrated a commitment to advancing the empowerment of women in law and made a remarkable difference in the legal profession.
Thirty-two Plunkett Cooney attorneys were recently selected by their peers for inclusion in the 2023 edition of The Best Lawyers in America®. First published in 1983, Best Lawyers is based on an exhaustive peer-review survey in which lawyers within their own geographic region nominate their peers. These lawyers are not allowed to select nominees from the same area(s) in which they practice. Inclusion in Best Lawyers is considered an honor because lawyers are not required or allowed to pay a fee to be listed. In addition to inclusion on the list this year, three Plunkett Cooney attorneys received the Best Lawyers™ “Lawyer of the Year” award. Daniel J. Hurley was named the Best Lawyers® 2023 Personal Injury Litigation - Defendants “Lawyer of the Year” in Columbus, Ohio. In Bloomfield Hills, Michigan, Jeffrey C. Gerish received the Best Lawyers® 2023 Appellate Practice “Lawyer of the Year” award and Scott H. Sirich was recognized as the Construction Law “Lawyer of the Year” award winner. This designation is awarded to only a single attorney in each practice area in each community. Posted August 8, 2022 Robinson+Cole Managing Partner Among Benchmark Litigation’s Top 250 Women in Litigation Robinson+Cole Managing Partner and past Litigation Section Co-chair Rhonda J. Tobin has been named one of Benchmark Litigation’s Top 250 Women in Litigation for 2022. Published on August 4, 2022, the guide focuses on the leading Top 250 female litigators from across the US who have earned their place by participating in some of the most impactful litigation matters in recent history, as well as by earning the hard-won respect of their peers and clients as top players in their respective fields. Tobin is the only female litigator chosen in the state of Connecticut. This is the ninth consecutive year she has received the distinction. Tobin has represented insurance companies for more than 30 years in litigation, arbitration, and mediation of complex disputes involving insurance and reinsurance coverage. She is a frequent lecturer at insurance industry programs focused on insurance coverage and litigation. Prior to becoming the first woman to lead Robinson+Cole as Managing Partner, she served on the firm’s Managing Committee for 12 years and as a chair of the firm’s Litigation Section for 13 years. A trial lawyer who has spent her entire thirty-two year law career at Robinson+Cole, Tobin has significant trial experience in state and federal courts, and has been involved in high-profile coverage litigation on behalf of insurers, including the September 11 terrorist attacks, sexual abuse claims involving the Catholic church and academic institutions, and coverage issues arising out of the #MeToo movement and the COVID-19 pandemic. Tobin’s reputation, as well as her expertise and knowledge in insurance coverage litigation, led to her election as a Fellow of the highly-selective American College of Coverage Counsel. Earlier this year, she was listed in the Hartford Business Journal’s 2022 Power Players section highlighting the region’s most influential leaders and was also selected as one of the publication’s 15 “Women in Business” honorees for 2020. In addition, Tobin was recognized in the 2021 Insurance Law Trailblazers list for being a leader in the insurance industry. Published in a special supplement of the National Law Journal, the inaugural list spotlights professionals who are agents of change in the area of insurance law. She was also honored in 2020 by Business Insurance as one of its 30 “Women to Watch” in North America. Tobin is a Fellow of the American Bar Foundation and The Connecticut Bar Foundation, and has been active in the Professional Liability Underwriting Society, the Defense Research Institute (DRI) and Claims and Litigation Management Alliance (CLM). According, to its website, “the extensive research process used in the creation of Benchmark’s Top 250 Women in Litigation 2022 involves months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews, and has culminated in the selection of the most distinguished women in the world of litigation.” Attorneys named in the publication were chosen through several phases of research: review of their recent case work, consideration of how attorneys at peer legal institutions might rank them, and client feedback on their performances. Information about Benchmark Litigation’s ranking process can be read here. After the Event’ (ATE) Insurance for Litigation Costs: An Important Litigation Risk Management Tool in Cost-Shifting Jurisdictions The ESG Police Have Arrived: Is your insurance ready? Alycen Moss Promoted to Co-Vice Chair Of Cozen O’Connor Global Insurance Department Atlanta attorney Alycen Moss, Co-Chair of Cozen O’Connor’s Property Insurance Group, has also been appointed to Co-Vice Chair of the firm’s Global Insurance Department. Moss, who serves as managing partner of Cozen O’Connor’s Atlanta office, concentrates her practice in civil litigation, and has extensive experience with matters pertaining to property and casualty insurance, transportation matters, and mass and complex torts. As Co-Chair of the Property Insurance Group at Cozen O’Connor, Moss regularly advises property and casualty carriers on various coverage issues and defends carriers in lawsuits brought by insureds. She also handles life, health, disability, and commercial general liability claims. Moss has litigated numerous coverage issues, including bad faith, extracontractual damages, and deceptive trade practices claims. “We are delighted to have Alycen help lead the continued growth in our Global Insurance Department,” said Global Insurance Department Co-Chair Joe Ziemianski. “Alycen is highly respected in the national coverage arena and brings a depth of experience to our practice leadership.” Moss, an active member of The Claims and Litigation Management Alliance (CLM), was recently selected as the 2022 CLM Professional of the Year in Litigation Management. She is also a member of the Federation of Defense & Corporate Counsel (FDCC). The FDCC comprises U.S. and international peer-reviewed leaders of the civil defense, corporate legal, and insurance industries. She is chair of the FDCC Property Insurance section, and Vice-Chair of the Insurance Industry Institute Committee, the Professional Women’s Forum, the Bylaws & Resolutions Committee, the FedLife Committee, and the Membership Development and Retention Committee. She also sits on the Admissions Committee. In 2021, Moss received FDCC’s John Appleman Award. This award honors the section chair who has made the most outstanding contribution to the advancement of the FDCC's educational goals through the work of his or her section Moss is an elected fellow of the American College of Coverage Counsel, an organization committed to the creative, ethical, and efficient adjudication of coverage and extracontractual disputes. She is also the Chair of the Insurance Coverage section and creator/Chair of the Women Litigators section of the Georgia Defense Lawyers Association. In addition, Moss is a member of Law360’s Insurance Authority Property Editorial Board. Moss is licensed to practice in Georgia and North Carolina. She received her B.A. from Vanderbilt University in 1994 and J.D. from Georgia State University College of Law in 1998. For more details on Alycen Moss or Cozen O’Connor, see https://www.cozen.com/people/bios/moss-alycen. Posted January 3, 2022 YEAR IN REVIEW - 2021 Posted October 25, 2021
Plunkett Cooney partner Charles W. Browning was recently selected a 2021 “Leader in the Law” by Michigan Lawyers Weekly (MiLW), an industry publication serving the state’s legal community. This is the second time that Browning has been selected for this honor, having also been named a Leader in the Law in 2015. Browning and the other class of 2021 honorees were selected for, among other things, their significant contributions to the practice of law in Michigan, their expertise and leadership, as well as for setting an example for other lawyers. The annual Leaders in the Law awards ceremony will be held on Dec. 2 at the Detroit Marriott Troy. The “Lawyer of the Year,” as selected by a vote of the class, will be announced during the event. All of the 2021 honorees will be profiled in a special section of the Dec. 6 issue of MiLW. Browning is a partner and Co-leader of Plunkett Cooney's Insurance Coverage Practice Group, overseeing the firm’s national practice as coverage counsel for numerous major insurance companies. In addition to this honor, Browning has been designated annually for several years as a Michigan Super Lawyer and has been annually recognized by The Best Lawyers in America since 2010. He is a Fellow in the American College of Coverage Counsel. Browning is also the 2016 recipient of Defense Research Institute’s (DRI) prestigious Albert H. Parnell Award, which is presented annually to honor members who created a particularly dynamic educational program. Browning is a member of the International Association of Defense Counsel (Casualty Insurance Committee (Chair 2006-2008) and Reinsurance and Excess and Surplus Lines Committee); Federation of Defense & Corporate Counsel (Insurance Committee) and the American Bar Association (Litigation Section and Torts and Insurance Practice Section). He is also a member of the Board of Editors of the Defense Counsel Journal. Browning has been admitted to practice law in the state courts of Michigan and several federal courts, and he has been admitted to practice law pro hac vice in more than 34 states. He received his law degree from the University of Detroit School of Law and his undergraduate degree from Michigan State University. Plunkett Cooney is recognized as one of the nation’s leading law firms for insurance coverage litigation. They routinely handle cutting-edge coverage litigation, including such issues as COVID-19 business interruption and emerging environmental contaminants like polyfluoroalkyl (PFAS). Established in 1913, Plunkett Cooney is a leading provider of transactional and litigation services to clients in the private and public sectors. The firm employs approximately 150 attorneys in seven Michigan cities, Chicago, Illinois, Columbus, Ohio and Indianapolis, Indiana. Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms. For more information about Charles Browning’s selection as a 2021 Leader in the Law, contact the firm’s Director of Marketing & Business Development John Cornwell at (248) 901-4008 or via email at [email protected].
On July 12, 2021, the United States District Court Southern District of Florida affirmed and adopted the Magistrate’s Report and Recommendation granting summary judgment in favor of an insurer defended by Traub Lieberman Partner and ACCC Fellow Michael K. Kiernan, Partner Bradley Guldalian, and Senior Associate Ashley Kellgren.
Robinson+Cole Managing Partner Among Benchmark Litigation’s Top 250 Women in Litigation Robinson+Cole Managing Partner and past Litigation Section Co-chair Rhonda J. Tobin has been named one of Benchmark Litigation’s Top 250 Women in Litigation for 2021. Published on August 5, 2021, the guide focuses on the leading Top 250 female litigators from across the US who have earned their place by participating in some of the most impactful litigation matters in recent history, as well as by earning the hard-won respect of their peers and clients as top players in their respective fields. Tobin is the only female litigator chosen in the state of Connecticut. This is the eighth consecutive year she has received the distinction. Tobin has represented insurance companies for 30 years in litigation, arbitration, and mediation of complex disputes involving insurance and reinsurance coverage. She is a frequent lecturer at insurance industry programs focused on insurance coverage and litigation. Prior to becoming the first woman to lead Robinson+Cole as managing partner, she served on the firm’s Managing Committee for the last 12 years and as a chair of the firm’s Litigation Section for the past 13 years. A trial lawyer who has spent her entire thirty-year law career at Robinson+Cole, Tobin has significant trial experience in state and federal courts, and has been involved in high-profile coverage litigation on behalf of insurers, including the September 11 terrorist attacks, sexual abuse claims involving the Catholic church and academic institutions, and coverage issues arising out of the #MeToo movement and the COVID-19 pandemic. Tobin’s reputation, as well as her expertise and knowledge in insurance coverage litigation, led to her election as a Fellow of the highly-selective American College of Coverage Counsel. Earlier this year, she was recognized in the 2021 Insurance Law Trailblazers list for being a leader in the insurance industry. Published in a special supplement of the National Law Journal, the inaugural list spotlights professionals who are agents of change in the area of insurance law. In addition, Tobin was honored in 2020 by Business Insurance as one of its 30 “Women to Watch” in North America, and by the Hartford Business Journal as one of its 15 “Women in Business” honorees. She is a Fellow of the American Bar Foundation and The Connecticut Bar Foundation, and has been active in the Professional Liability Underwriting Society, the Defense Research Institute (DRI) and Claims and Litigation Management Alliance (CLM). According, to its website, “the extensive research process used in the creation of Benchmark’s Top 250 Women in Litigation 2021 involves months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews, and has culminated in the selection of the most distinguished women in the world of litigation.” Attorneys named in the publication were chosen through several phases of research: review of their recent case work, consideration of how attorneys at peer legal institutions might rank them, and client feedback on their performances. Information about Benchmark Litigation’s ranking process can be read here. About Robinson+Cole
Using Extrinsic Evidence to Excuse a Liability Insurer’s Duty to Defend
“The Enemy of my Enemy is my Friend”: How Does That Work in the Tripartite Relationship?By Neil Posner, Much Shelist, P.C. and John Bonnie, Weinberg Wheeler Hudgins Gunn & Dial(co-chairs of the ACCC’s Professionalism and Ethics Committee) In third-party liability cases, the insurer and the insured often share a common interest: defeating or minimizing the claimant’s claim. They also often share an “uncommon” interest: namely, whether the underlying claim is covered at all and, if so, to what extent. These competing interests have considerable potential to create conflicts of interest for defense counsel and coverage counsel alike. From the standpoint of defense counsel, she is obligated to provide a competent and diligent defense to liability for the insured defendant. Insurer’s coverage counsel, on the other hand, is obligated to determine whether the liability is fully or wholly insured, or entirely uninsured. Insured’s coverage counsel needs to protect the insured from uninsured liability, which may involve keeping the insurer involved in the underlying case. In order to keep the insurer informed, certain information often needs to be shared between insured’s defense counsel and insurer, raising a question as to loss of privilege if any of that information would be subject to the attorney-client privilege and/or the work-product doctrine. In U.S. v. Ghavami, 882 F. Supp. 2d 532 (S.D.N.Y. 2012), the court provided the general principles regarding the scope of “common interest” or “joint defense” arrangements, stating that “[i]t is well-established that voluntary disclosure of confidential material to a third party generally results in forfeiture of any applicable attorney-client privilege.” The court went on to explain that an exception to this principle is “when the privilege holder and the third party share a common legal interest” and that the “ ‘common interest’ doctrine precludes a waiver of the underlying privilege concerning confidential communications between the parties made in the course of an ongoing common enterprise and intended to further the enterprise, irrespective of whether an actual litigation is in progress.” Thus, “the common interest doctrine permits the disclosure of a privileged communication without waiver of the privilege provided the party claiming an exception to waiver demonstrates that the parties communicating: (1) have a common legal, rather than commercial, interest; and (2) the disclosures are made in the course of formulating a common legal strategy.” It should be obvious that when two parties are represented by the same attorney, establishing the common interest should not be difficult. But when the parties are represented by different counsel—as is the case with insurers and insureds wrestling with questions of the availability of coverage under the policy—can the common-interest doctrine still apply? The Ghavami court says it can: At its core, the common interest doctrine applies when multiple persons are represented by the same attorney. In that situation, communications made to the shared attorney to establish a defense strategy remain privileged as to the rest of the world. However, the doctrine is not limited to such situations. The weight of authority is that the common interest doctrine does extend at least to situations where a joint defense effort or strategy has been decided upon and undertaken by the parties and their respective counsel. That is, the doctrine applies where parties are represented by separate counsel but engage in a common legal enterprise. Id. at 538, quoting Denney v. Jenkens & Gilchrist, 362 F. Supp. 2d 407, 415 (S.D.N.Y. 2004). The party seeking protection of the doctrine must show: that (1) there was an agreement between individuals, not necessarily in writing, “embodying a cooperative and common enterprise towards an identical legal strategy;” (2) the disputed communication “was given in confidence and that the client reasonably understood it to be so given;” and (3) a joint strategy among the individuals is apparent. Id. at 538, quoting Barcomb v. Sabo, No. 07-CV-877, 2009 WL 5214878, at *3 (N.D.N.Y. Dec. 28, 2009). So, there has to be an agreement to share information, and the agreement doesn’t have to be in writing. Accordingly, if we assume for the sake of this discussion that insurer and insured have entered into such an agreement and have checked the necessary boxes, can the insurer later use that shared information—obtained for the joint purpose of defeating the claimant’s claim in the underlying case—in connection with the dispute over coverage? The case law on is the subject shows a split. Insurers sometimes seek disclosure of privileged information that, although pertinent to defense issues (about which insurers certainly have an interest), may have an impact on coverage. They may argue that the common interest of the insurer and the insured supersedes any privilege that might otherwise protect such information. The Illinois Supreme Court agreed with that argument in Waste Management, Inc. v. International Surplus Lines Insurance Company, 579 N.E.2d 322 (1991). Other courts have raised concerns, however. For example, in Farmers Insurance Company v. Vagnozzi, 675 P.2d 703, 708 (1983), the Arizona Supreme Court held that where there is a conflict between the insurer and the insured with respect to coverage, defense counsel may not disclose information that would compromise the insured’s coverage rights. This brings us to the opening question: how does the common interest between insurer and insured (“the enemy of my enemy is my friend”) play out in the tripartite relationship, especially when information shared pursuant to the common-interest doctrine when the later may be used by the insurer in the coverage dispute? We submit that there is no easy answer to this question. Rather, we hope that his article will begin a discussion among ACCC Fellows that may yield workable solutions.
Stacy Broman Named Managing Partner of Meagher + Geer Throughout her career, Stacy has earned numerous accolades, most recently receiving the 2020 Federation of Defense & Corporate Counsel Diversity Award through her work on the Barb Currie Scholarship, the Diversity Committee, the Admissions and the Membership Committees. She has been inducted as a Senior Fellow in the Litigation Counsel of America and was a member of the ACCC Board of Regents from 2015-2021. She is regularly named to the Minnesota Super Lawyers® list and the Best Lawyers® in America list. Stacy is active in her community and volunteers her time with Southern Minnesota Regional Legal Services as a member of The Campaign for Legal Aid. Posted April 20, 2021 Ned Currie Receive Multiple Honors Posted March 16, 2021 Posted March 4, 2021
On February 8, 2021, Meagher + Geer attorney Chuck Spevacek and his team made news heard around the insurance world when they obtained on behalf of two Chubb entities – ACE American Insurance Company and ACE Property & Casualty Insurance Company – an order from United States District Court for the District of Minnesota granting their motion for summary judgment and dismissing the claim of Target Corporation for insurance coverage for losses arising out of its 2013 data breach. News of this decision has been reported in Insurance Journal, Reuters, Insurance Business, Business Insurance, The Insurer and Fintech Zoom. It was the “headline” case reported in Law360 Insurance. Further information can be viewed on the firm’s website here.
Robinson+Cole Elects Rhonda J. Tobin Managing Partner Robinson+Cole’s partnership has elected Rhonda J. Tobin as its next Managing Partner, effective March 1. Tobin will be the first woman to lead the 175-year old AmLaw 200 firm, and will succeed Stephen E. Goldman, who has led the firm since the beginning of 2016. A trial lawyer who has spent her entire thirty-year law career at Robinson+Cole, Tobin’s practice focuses on the litigation, arbitration and mediation of complex disputes involving insurance and reinsurance coverage. She has significant trial experience in state and federal courts, and has been involved in high-profile coverage litigation on behalf of insurers, including the September 11 terrorist attacks, sexual abuse claims involving the Catholic church and academic institutions, and coverage issues arising out of the #MeToo movement and the COVID-19 pandemic. Tobin’s reputation, as well as her expertise and knowledge in insurance coverage litigation, led to her election as a Fellow of the highly-selective American College of Coverage Counsel. Tobin has served on Robinson+Cole’s Managing Committee for the last 12 years and as a chair of the firm’s Litigation Section for the past 13 years. She played a leading role on the 2019 committee that developed the firm’s current Strategic Plan, and was part of management’s proactive response to the impact of the COVID-19 pandemic on the firm. “I’m extremely proud and humbled to be entrusted to lead our great firm of incredibly talented lawyers and professional staff,” said Rhonda J. Tobin. “We have achieved so much over the last few years, and I look forward to continuing the aggressive growth of our practices while also maintaining the essence of our identity. Our 175-year legacy is built on our strong collaborative and inclusive culture – among our lawyers and staff, with our clients, and in the communities where we live and work. I am honored to have this opportunity to build upon that legacy by continuing to embrace change in the years ahead. It is especially meaningful to take on this role at the firm that has been my home for the last 30 years.” During Goldman’s five-year tenure, the firm developed and began the implementation of a three-year Strategic Plan, improved its profitability significantly, doubled the size of its New York office, opened offices in Philadelphia and Wilmington, and added leading national practices in bankruptcy, insurance coverage and real estate development. The firm also hired a new Chief Operating Officer, a new Chief Information Officer and its first Chief Talent Officer. Building on the firm’s 2015 Diversity Action Plan, Robinson+Cole achieved Diversity Lab’s Mansfield Rule Certification and added 20 women or otherwise diverse attorneys to its partnership ranks. The firm intends to continue its growth in New York, Boston, Philadelphia and Wilmington, with a focus on expanding several of its practices, including healthcare, business transactions and bankruptcy. Goldman will continue to serve as chair of the firm’s lateral growth committee and will continue to be involved in strategic planning as he also devotes more of his time to his trial practice. Commenting on Tobin’s election, Goldman stated: “I am extraordinarily pleased by the election of Rhonda Tobin. I have known and worked closely with Rhonda for over 30 years, and I can’t think of anyone more qualified to be our next leader. As I have said to our partners, there is no question that Rhonda is the right person at the right time, especially as we approach both the challenges and the opportunities that will be presented by what we hope will be the tail end of the COVID-19 pandemic. Rhonda is an incredibly talented lawyer, and was always the first person I consulted when confronted with difficult issues. She is a great strategic thinker and is highly respected by all of our lawyers and staff. By becoming the first woman to serve as our firm’s Managing Partner, Rhonda is also achieving a milestone that is both important and long overdue. I look forward to the firm’s continued growth and prosperity under her leadership.” Speaking about the firm’s Strategic Plan, Tobin noted that “Our Strategic Plan identifies Collaboration, Civility and Inclusion as our core values. Continuing the growth of the firm while perpetuating those values was the goal of the Plan and is my personal goal as well. Our culture – the mutual respect and admiration that we have for one another – is the glue that has held the firm together through tough times and that has facilitated our success during good times. That was never more apparent than over the last 12 months, when our lawyers and staff bonded together to obtain outstanding results for our clients and great accomplishments for our firm despite confronting innumerable challenges. The loyalty and commitment of our lawyers and staff have never been stronger, and I look forward to guiding our firm to continued success with this extraordinary team.” Tobin serves on the Board of Directors and the Executive Committee of Hartford Stage. She was recognized in 2020 by Business Insurance as one of its 30 “Women to Watch” in North America, and by the Hartford Business Journal as one of its 15 “Women in Business” honorees. Rhonda has been listed as one of the Top 250 Women Litigators in the United States by Benchmark Litigation since 2014, and one of its Local Litigation Stars in Connecticut since 2015. Rhonda is a Fellow of the American Bar Foundation and The Connecticut Bar Foundation, and has been active in the Professional Liability Underwriting Society, the Defense Research Institute (DRI) and Claims and Litigation Management Alliance (CLM). About Robinson+Cole Robinson+Cole is an AmLaw 200 law firm established over 175 years ago, with a deeply-rooted culture of collaboration, civility and inclusion. The Mansfield Rule Certified-firm has more than 220 lawyers in ten offices throughout the Northeast, Mid-Atlantic, Florida and California, serving regional, national, and international clients, from start-ups to Fortune 50 companies. Robinson+Cole is a service mark of Robinson & Cole LLP. For more information, please visit www.rc.com.
Posted December 31, 2020 Case Competition: AND THE WINNER IS... Gray v. Zurich (and Alex Henlin)! Back in April, the ACCC began a competition to identify the most important insurance ruling in the modern era. With the aid of the dozen law school professors who comprise our Honorary Fellows, we assembled a list of 100 significant rulings dating back to 1929 (G.A. Stowers Furniture). Since April, a list of cases was posted on the ACCC Community Forum every Monday morning asking Fellows to select the most influential ruling within a particular groups of years. In the final weeks of the competition, there was a surprising preponderance of California cases. Depending on your bias, this was due either to heavy “homer” voting by our California members (the cynical view) or the central role that California courts have played over the years in creating new standards for interpreting and applying insurance policies (charitable explanation). As Professor Ken Abraham observed, the preponderance of Golden State cases in the final grouping should not be surprising given that “California was and is a pretty litigious state with a large population, an enormous economy, and a body of law that was attractive to policyholders selecting a forum for litigating their claims, as well as a Supreme Court that was very active during the years in question. It is no surprise to me that so many well-known and important cases come from California.” “Gray v. Zurich Insurance Company, 419 P.2d 168 (Cal. 1966), is perhaps most responsible for transforming liability insurance into litigation insurance. It’s been cited over 1500 times since it was issued, most recently in November 2020, by courts across the nation, and remains good law today. In terms of durability and influence, it stands without peer. The bedrock propositions announced in the holding have become the received wisdom for at least two subsequent generations of coverage lawyers.” This point was echoed by insurer-side Fellow Andy Downs, who commented that “Gray set the standard for the non-mechanical application of the duty to defend. Before Gray, the legal labels the plaintiff attached to its claims were largely controlling, post-Gray what happened mattered.”
About Robinson+Cole Robinson+Cole is an AmLaw 200 law firm established 175 years ago with a deeply-rooted culture of collaboration, civility and inclusion. With more than 220 lawyers in eleven offices throughout the Northeast, Mid-Atlantic, Florida and California, we serve regional, national, and international clients, from start-ups to Fortune 50 companies. Robinson+Cole is a service mark of Robinson & Cole LLP. For more information, please visit www.rc.com. Andy Lundberg featured in Lawdragon's Legal Consultant Limelight profile on October 18, 2020. Posted September 25, 2020
Stacy was awarded this honor during the virtual Annual Meeting on July 31, 2020.
Robinson+Cole Partner and Litigation Section Co-chair Rhonda J. Tobin has been named one of Benchmark Litigation’s Top 250 Women in Litigation for 2020. In this national list published on August 13, 2020, Ms. Tobin is the only female litigator chosen in the state of Connecticut. This is the sixth consecutive year she has received the distinction. Ms. Tobin has represented insurance companies for almost 30 years in litigation of complex disputes involving insurance and reinsurance coverage, insurance bad faith and extracontractual liability. In addition to serving as co-chair of Robinson+Cole’s Litigation Section, she is a member of the firm's Managing Committee. Ms. Tobin is one of six Connecticut attorneys named as a Fellow in the American College of Coverage Counsel, the preeminent association of lawyers who represent the interests of insurers and policyholders. She was also selected by the Hartford Business Journal for inclusion in its 2020 “Women in Business” recognition. According, to its website, “the extensive research process used in the creation of Benchmark’s Top 250 Women in Litigation 2020 involves months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews, and has culminated in the selection of the most distinguished women in the world of litigation.” Attorneys named in the publication were chosen through several phases of research: review of their recent case work, consideration of how attorneys at peer legal institutions might rank them, and client feedback on their performances. Information about Benchmark Litigation’s ranking process can be read here.
Robinson+Cole Lawyer Named to Hartford Business Journal’s 2020 “Women in Business” Class Robinson+Cole Litigation Section co-chair Rhonda J. Tobin was selected by the Hartford Business Journal for inclusion in its 2020 “Women in Business” recognition. Ms. Tobin is among 15 honorees who demonstrate business success, confidence in themselves and their organizations, and a strong track record of professional leadership. The honorees were each profiled in a special section published in the April 6, 2020 edition of the Hartford Business Journal. Ms. Tobin has represented insurance companies for almost 30 years in litigation of disputes involving insurance and reinsurance coverage, insurance bad faith and extracontractual liability, and professional liability. In addition to serving as co-chair of Robinson+Cole’s Litigation Section, she is a member of the firm's Managing Committee. Ms. Tobin is the only woman, and one of five Connecticut attorneys, named as a fellow in the American College of Coverage Counsel, the preeminent association of lawyers who represent the interests of insurers and policyholders. She has also been listed as one of the Top 250 Women Litigators in the United States and a Local Litigation Star by Benchmark Litigation. The Hartford Business Journal's 2020 “Women in Business” class features 15 remarkable women, selected from a record-breaking 116 nominations, who are being recognized for making a significant difference within their organization and the community. In lieu of a recognition event, which was canceled as a result of the current social distancing guidelines in effect, honorees were celebrated during a special two-part webinar series titled “Women in Business Leaders Power Hour Webinars: Leading, Inspiring & Motivating Through Change” hosted on June 2 and June 9. During the webinars, 2020 Women in Business honorees discussed their leadership roles as well as inspiring and motivating through change and growth. About Robinson+Cole
Kramon & Graham rankings increase in 2020 Chambers USA legal guide Kramon & Graham's Commercial Litigation practice holds its Band 1 ranking for the sixteenth consecutive year and is one of only four firms in the state recognized at this level. The group is co-led by Phil Andrews and Jean Lewis. The firm's Insurance Coverage practice group also maintains its Band 1 ranking. Only one other firm in the state is recognized at this level. Lee Ogburn, whom Chambers identifies as a "preeminent practitioner in the coverage area" and who also receives top tier ranking again this year, leads the group which represents national property and casualty insurers in disputes involving more than $1 billion. Also ranked is the firm's Real Estate practice, which Chambers describes as offering "experience across all stages of commercial property development, including the purchase, financing, leasing and sale of assets." In this year's guide, Kramon & Graham founding principal Andrew Jay Graham earns his fifth "Star Individual" ranking, a designation reserved for attorneys garnering exceptional recommendations from clients and peers. The newly released publication again ranks Natalie McSherry in Band 1 for her successful representation of clients in medical malpractice matters. The complete list of Kramon & Graham attorneys recognized in the 2020 Chambers USA legal guide are: Amy E. Askew, Litigation, Medical Malpractice Defense
Chambers USA is one of the most prestigious legal ranking guides in publication. Updated annually, the guide's thorough vetting process ranks attorneys based on technical legal skills, client service, astuteness, diligence, commitment, professional conduct, and other qualities. Chambers USA is published by Chambers & Partners. A description of the selection methodology can be found at https://chambers.com/research/methodology.
The Insurance Section of the State Bar of Texas has presented Michael W. Huddleston with the “Russell H. McMains Legends of Texas Insurance Law Award.” The Insurance Law Section from time to time presents the Russell H. McMains Legends of Texas Insurance Law Award to recognize a senior Texas insurance lawyer who represents the highest levels of accomplishment, competence, professionalism, and ethics in the practice of insurance law, and who inspires others to do likewise. The award is the most significant recognition for Texas insurance law practitioners.
Andy Lundberg's Law360 Article
The Coronavirus’ Impact on Business Interruption Coverage Is “Direct Physical Loss” Being Redefined?
DBusiness names Browning among Top LawyersDBusiness magazine recently named 20 metro Detroit attorneys from Plunkett Cooney, one of the Midwest’s oldest and largest law firms, to its 2020 list of “Top Lawyers.” The DBusiness Top Lawyers list was compiled based on a peer-review survey open to all metro Detroit lawyers. The publication polled 19,000 attorneys in Wayne, Oakland, Macomb, Washtenaw and Livingston counties to nominate lawyers among 50 practice areas. The list was published in the November/December edition and included ACCC Fellow Charles Browning.
Six ACCC Fellows quoted by Jeff Sistrunk in Law360 on key insurance rulings
Fifth Circuit certifies 8-Corner/Extrinsic Evidence Case to the Texas Supreme Court
Mike is involved as the lead appellate attorney for the claimants.
Kramon & Graham, a leading law firm providing litigation, real estate, and transactional services, announced today that ten firm attorneys are recognized for legal excellence and client service in the 2019 Chambers USA legal ranking guide. More than 40 percent of Kramon & Graham's principals are recognized in the directory. Kramon & Graham's Commercial Litigation practice holds its top tier ranking for the fifteenth consecutive year. The firm's Insurance Coverage practice maintains a Band 1 ranking for its outstanding client results. Led by Lee Ogburn, the firm has represented national property and casualty insurers in disputes involving more than $1 billion. Also ranked is the firm's Real Estate practice, which Chambers describes asa transactional practice offering "experience across all stages of commercial property development, including the purchase, financing, leasing and sale of assets." In this year's guide, founding principal Andrew Jay Graham earns his fourth "Star Individual" ranking, a designation reserved for attorneys garnering exceptional recommendations from clients and peers. Kramon & Graham attorneys earning top rankings in the 2019 Chambers USA legal guide are: Amy E. Askew, Litigation Chambers USA is one of the most prestigious legal ranking guides in publication. Updated annually, the guide's thorough vetting process ranks attorneys based on technical legal skills, client service, astuteness, diligence, commitment, professional conduct, and other qualities. Chambers USA is published by Chambers & Partners. A description of the selection methodology can be found at https://chambers.com/research/methodology. Posted February 5, 2019 I hope you enjoy this issue of Coverage Opinions - the free bi-weekly newsletter that reports and provides commentary on just-issued decisions that concern numerous issues under commercial general liability and professional liability insurance policies. Subscribe in seconds at http://www.coverageopinions.info/Subscribe.html
Friends, Marion B. Adler Posted October 19, 2018 Angela Elbert, Insurance Policyholder Practice Group Chair, Recognized as One of Chicago's Notable Women Lawyers 2018 This year’s list honors 150 legal industry leaders selected by Crain’s Custom Media. According to Crain’s, the recognized women are well-regarded for their practice of law, serve as role models and mentors to other female attorneys, and hold leadership positions in both professional and community organizations. “Angela’s professional success and reputation among her clients and in the community are representative of what it means to be a lawyer at Neal Gerber Eisenberg,” said Scott J. Fisher, Managing Partner. “Her constant pursuit of excellence in the practice of law and her power to make a difference in the lives of the others make her an inspiration to her colleagues and to the community.” Posted March 2018 ACCC Fellows Appointed to Law360 Advisory Board Six Fellows From Texas Speaking at 15th Annual State Bar Advanced Insurance Law Seminar Posted November 2017 Pate Published in Journal of the Texas Supreme Court Historical Society Posted October 2017 Posted October 2017 Posted September 2017 Posted July 2017 Posted June 2017 Aylward & Huddleston Receive Segalla Award Click here to read more. In Memoriam: Neal Stauffer Posted May 2017 Posted May 2017 Posted April 2017 Posted March 2017 |