NOTABLE
RESULTS
Insurance
Riedl, McCloskey & Waring LLP attorneys
are
routinely
involved
in numerous
high-profile
matters
throughout
the country.
The following
are just
a few examples
of the
matters
our attorneys
have successfully
handled:
Matador Petroleum Corp. v. St. Paul Surplus Lines Insurance Co., 174 F.3d 653 (5th Cir. 1999). RM&W attorneys represented a national insurer with respect to a pollution claim under the "buy back" coverage included in an oil and gas commercial general liability policy that was subject to an absolute pollution exclusion. The court held that the insurer did not have to show prejudice as a result of the insured's delay of eight days in giving the insurer notice of the claim.
Zurich-American Insurance Co. v. Audiovox Corp., 294 A.D.2d 194, 741 N.Y.S.2d 692 (N.Y. App. Div. 2002). RM&W attorneys represented a national insurer in a coverage action involving four underlying class action lawsuits in which the insured, a distributor of cell phones, sought a defense under its policies covering damages "because of" or "for" "bodily injury." On a motion for summary judgment, our attorneys successfully argued that there was no duty to defend the insured because the claims at issue sought only economic damages measured by the cost of headphones allegedly necessary to block the dangerous radiation emitted by cell phones.
Wisconsin Power & Light Co. v. Century Indemnity Co., 130 F. 3d 787 (7th Cir. 1997). RM&W attorneys represented two national insurers in a coverage action involving costs that a utility incurred for environmental cleanup of contamination arising from manufactured gas plant operations at numerous sites. On motions for summary judgment relating to claims at a few sites, the insurers obtained favorable rulings which facilitated resolution of claims with respect to the remaining sites.
Low v. Golden Eagle Insurance Company, 101 Cal.App.4th 1354, 125 Cal.Rptr.2d 155 (2002). RM&W
attorneys
represented
the
Deputy
Trustees
of
the
Golden
Eagle
Liquidating
Trust
with
respect
to
numerous
bad
faith
claims
asserted
against
the
liquidating
trust
arising
out
of
its
consideration
of
claims
made
against
the
former
Golden
Eagle
Insurance
Company.
Our
attorneys
successfully
defended
every
bad
faith
claim
they
handled
on
behalf
of
the
Liquidating
Trust,
including
this published
decision.
Shepherd v. The Dominion of Canada General Ins. Co., 2005 WL 665049 (Cal. App. 4th Dist. Mar. 23, 2005) (Nonpublished/Noncitable). RM&W attorneys represented a Canadian insurer and prevailed on a motion to quash service of summons for lack of personal jurisdiction in California. That ruling was upheld on appeal. Thereafter, plaintiff attempted to bring the action back into California by filing a complaint against both the insurer and RM&W attorneys which included allegations of fraud and conspiracy to commit fraud. RM&W attorneys were dismissed on a successful demurrer to the action, and the insurer (necessarily represented by different counsel in the second action) was again dismissed on the basis of collateral estoppel and res judicata. Both rulings were upheld on appeal.
State of California v. Allstate Insurance Company. RM&W attorneys represented two national insurance companies with respect to the State’s claims for insurance coverage against its excess insurers for liability arising out of the Stringfellow Acid Pits located outside Riverside, California. One client obtained a very favorable settlement as a direct result of the firm’s representation. The other client was dismissed from the litigation following a successful motion for summary judgment on the pollution exclusion. RM&W continues its representation with respect to the State’s appeal of the pollution exclusion motion.
Fluor
Corporation
v.
St. Paul
Fire and Marine
Insurance
Company. RM&W
attorneys
represented
a national
insurance
company
in
litigation
seeking
coverage
for
numerous
construction
delay
claims
arising
out
of
the
construction
of
the
Aladdin
Hotel & Casino
in
Las
Vegas.
The
efforts
of
our
attorneys
resulted
in
a favorable
resolution
of
the
matter
for
our
client.
RSR
Corp.
et. al. v. A.I.U. Insurance Company, et al. RM&W
attorneys
represented
several
national
insurance
companies
with
respect
to
RSR
Corporation’s
coverage
claims
for
asbestos-related
bodily
injuries pending in the 71st Judicial District Court of Harrison County, Texas. RM&W attorneys were instrumental in helping their clients obtain favorable results in this complex matter.
J.T. Thorpe, Inc. v. Federal Insurance Company. RM&W attorneys represented a national insurance company in complex litigation concerning the coverage obligations surrounding J.T. Thorpe, Inc.’s non-products asbestos liabilities. The matter included significant bankruptcy proceedings, including a contested plan of reorganization and numerous issues surrounding the establishment of a 524(g) asbestos trust and channeling injunction. The matter ultimately settled with the assistance of RM&W attorneys.
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