With a deep understanding of various types of property and casualty insurance policies, Neil has litigated claims and disputes arising from general liability, professional liability, property, marine, aviation, workers’ compensation, fidelity, automobile, excess liability, umbrella and surplus lines policies. He has also recently served as an expert witness on the obligations of liability insurers arising out of third-party liability claims and litigation, including the proper response to policy limits demands.
Neil frequently writes and speaks on the potential challenges, risks and insurance coverage issues related to climate change and weather.
Neil also counsels insurers and reinsurers on their obligations to their insureds and on the avoidance of bad-faith claims, as well as reinsurers and their reinsureds on matters arising out of reinsurance agreements.
Since January 1, 2016, Neil and his team have tried 11 cases involving direct actions against insurance companies to a jury verdict, obtaining a complete defense verdict of no-liability in 10 of the cases. Neil has litigated matters in Texas, California, Oregon, New Mexico, Ohio, Kentucky, West Virginia and Massachusetts.
- Obtained the first federal court order and reasoned opinion granting the summary dismissal of a suit by an insured business owner against a property insurer seeking coverage for business interruption losses as a result of governmental orders entered in response to the COVID-19 pandemic.
- Obtained seven jury verdicts of no liability since January 1, 2016, in various suits for coverage under first-party property policies arising out of storm events.
- Obtained a summary judgment of no coverage under a commercial crime policy as the insured did not own the misappropriated funds.
- Obtained a jury verdict on behalf of a property insurance carrier in connection with claims of fraud and bad faith arising out of the adjustment of a storm loss.
- Obtained a jury verdict of no liability arising out of claims of fraud and bad faith against an insurance carrier that issued a jewelers block policy.
- Obtained a jury verdict of no liability for a reinsurer based upon accord and satisfaction defense.
- Successful arbitration of a dispute regarding insurance policy interpretation resulting in a determination of no coverage under an errors and omissions policy.
- Successful representation of a reinsurer in an arbitration regarding coverage for the extent of loss covered by the reinsured umbrella policies, including the recovery of attorneys’ fees.
- Successful representation of a reinsurer in an arbitrated dispute with a reinsured over the allocation of loss among various general liability policies.
- Entry of summary judgment of no coverage for a reinsurer of a captive insurance company on a hospital professional liability policy.
- Entry of summary judgment for a third party administrator on a malpractice claim.
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