Insurance Recovery & Risk Management

Miles & Stockbridge defended insurance company entities in a lawsuit alleging more than 300 insurance companies violated the False Claims Act by failing to reimburse payments by private health insurers that participate in the Medicare and Medicaid programs.

Represented a paper company in a matter involving recovery under general liability insurance policies for the cost of remediating PCB contamination to the Lower Fox River in Wisconsin. Following a five-week trial in 2008, obtained a unanimous jury verdict in favor of the insured, subsequently affirmed by the Wisconsin Court of Appeals.

Represented debt management company in successfully obtaining summary judgment on two occasions against Errors & Omissions insurer, including (i) a ruling that the insurer was required to defend the insured under an E&O policy against a class action lawsuit alleging “wrongful acts” in connection with the insured’s debt management and credit counseling activities; and (ii) a ruling that a subpoena constitutes a “claim” under an E&O policy and that the claim was not barred by an exclusion for claims arising out of the prior class action lawsuit.

Served as trial counsel to a private equity firm and one of its portfolio companies in a coverage suit in which the U.S. District Court for the District of Maryland issued a judgment in favor of the policyholders in the amount of $62.7 million plus prejudgment interest, for a total of $87 million.  Also represented those clients through the successful affirmance of that judgment in the Fourth Circuit Court of Appeals.

Assisted client prepare and submit proof to support multi-million dollar environmental insurance claim involving numerous contaminated sites.