Professionals

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Experience

• National Union Fire Ins. Co. of Pittsburgh, P.A. v. Donaldson Company, Inc., Case No. 10-CV-4949 (D. Minn. 2010). Represented Donaldson Company, Inc. in suit by insurer seeking to recoup millions of dollars insurer contributed to settlement of underlying product liability litigation against Donaldson under a commercial general liability policy with a batch clause endorsement.
• U.S. Bank National Association v. Federal insurance Company, 2010 WL 3928123 (W.D. Mo., Oct. 4, 2010). Lead coverage counsel for U.S. Bank in its capacity as trustee of creditors' trust in the Chapter 11 reorganization of Interstate Bakeries Corporation (IBC), in coverage action against Federal Ins. Co. and five excess insurers arising from the insurers' denial of coverage under IBC's directors and officers liability policy for alleged wrongful acts of IBC's former CFO. Dismissal of case by district court currently being appealed to the Eighth Circuit by U.S. Bank.
• OneBeacon American Ins. Co. v. Cortiva Midwest LLC, et. al, Case No. 2:09-CV- 04950-SRC-MAS (D.N.J. 2010). Successfully represented New Jersey-based company that owns spas and massage schools nationwide in litigation arising from insurer's denial of coverage for class action lawsuit alleging Cortiva's violations of the Fair and Accurate Credit Transactions Act. Coverage action settled prior to final adjudication.
• Premier Pet Products, LLC v. Travelers Property Cas. Co. of America, 678 F. Supp. 2d 409 (E.D. Va. 2010). Represented company that manufactures dog-training collars in insurance dispute over whether its trademark infringement liability was covered under the Advertising Injury provisions of its commercial general liability policy. Case ultimately settled prior to final adjudication.
• General Cas. Co. of Wisconsin v. Wozniak Travel, Inc., 762 N.W.2d 572 (Minn. 2009). Successfully represented group of Minnesota commercial policyholders as amicus curiae in a case certified to the Minnesota Supreme Court on the question of whether the advertising injury coverage of Wozniak Travel Inc.'s commercial general liability policy covered trademark infringement liability.
• State Farm Fire and Cas. Co. v. Universal Recovery Systems, et al., Case No. 62-CV-08-2253 (Hennepin County Dist. Ct. 2008). Successfully represented Minnesota company in dispute against State Farm for coverage under a commercial general liability policy for a lawsuit alleging tortious interference with contract. Case settled favorably for client prior to final adjudication.
• Bourgeois v. American Family Mut. Ins. Co., Case No. 27-CV-07-3134 (Hennepin County Dist. Ct. 2008). Obtained jury verdict for homeowner in coverage action against American Family for progressive water damage loss to the Bourgeois home. 
• Florists' Mut. Ins. Co. v. Wagners Greenhouses, Inc., 535 F. Supp. 2d 947 (D. Minn. 2008). Represented Minnesota garden products company in coverage dispute arising from whether claims for the sale of diseased plants was covered under the company's products/completed operations coverage of its commercial general liability coverage. 
• Wilsons The Leather Experts, Inc. v. Peter J. Paek and Federal Insurance Company, Court File No. 07-2315 (D. Minn. 2007). Successfully represented Wilson's leather in litigation against Federal Insurance Company for coverage arising under commercial crime policy for losses due to employee kickback scheme. Case settled prior to final adjudication. 
• Kean Argovitz Resorts v. Willard Smith v. Lakes Entertainment, 2000-15830 (80th Dist. Ct., Harris County, Tex. 2005). Obtained jury verdict in favor of publicly traded entity in the business of financing and managing Indian gaming operations in a dispute with joint venture partners and others seeking to unwind two significant projects under a fraudulent conveyance theory.
• LeMond Cycling, Inc., et al. v. PTI Holding, Inc., Case No. 03-5441 (D. Minn. 2005). Obtained $3.5 million jury verdict for three-time Tour de France champion Greg LeMond in a dispute over PTI's breach of a licensing agreement involving the licensing and branding of a line of LeMond bicycle accessories. 
• Industrial Risk Insurers, Inc. v. Port Authority of New York and New Jersey, Case No. 02 Civ. 7170 (S.D.N.Y. 2002). Represented insurer in World Trade Center subrogation litigation over issues of negligent design and operation of high-rise office building on World Trade Center site.
• Factory Mutual Ins. Co. v. Ford Motor Co. (Arbitration Proceeding, 2002). Represented insurer in $300 million subrogation action involving catastrophic explosion at Rouge Powerhouse in Dearborn, Michigan.
• American Foods Group, Inc. v. Supervalu, Inc. (American Arbitration Association Proceeding, 2001). Represented large Minnesota food distributor in dispute over cause and liability for e. coli contamination of beef products and resulting personal injuries.