Insurance Coverage 

• Team Indus. Servs., Inc. v. Zurich Am. Ins. Co., 87 F.4th 461, 464 (10th Cir. 2023): Counsel for lead defendant obtaining summary judgment in a claim seeking coverage for a $222 million judgment against an insured it in a wrongful-death lawsuit.
• Glenn Nyberg v. Zurich American Insurance Company, 220 F. Supp. 3d 1114 (D. Kan. 2016). Upheld insurer’s denial of ERISA claim arising from partial loss of fingers due to frostbite.
• Federal Insurance Company; Zurich American Insurance Company v. Great American Insurance Company, 893 F.3d 1098 (8th Cir. 2018). Successfully asserted at trial that primary insurer or landlord was entitled to reimbursement from excess carrier of property owner based on indemnity provision in lease. Reversed on appeal by appellate court’s determination that the indemnity provision did not apply based on facts alleged in underlying action.
• Elec. Power Sys. Int’l., Inc. v. Zurich Am. Ins. Co., 880 F.3d 1007, 1010 (8th Cir. 2018). Successful defense of coverage claim based on business risk exclusions.
• Forsberg v. N.R. Hamm Contractor, Inc, 369 P.3d 342, 2016 WL 179665 (Kan. App. 2016). Successful defense of an insurer against claims of negligence, breach of contract and bad faith arising from wrongful death of the insured’s employee.
• Pierce v. Zurich American Ins. Co., 411 S.W.3d 208 (Mo. App. 2014). Successful defense of an insurer against a claim made in civil court alleging breach of contract and vexatious refusal to pay for claim involving a previously settled work related injury.
• Martin K. Eby Constr. v. OneBeacon Ins. Co., 2012 WL 4088758 (D. Kan. Sept. 17, 2012). Defense of an insurer with multiple years of coverage in a claim where the insured was originally seeking defense and indemnity for an underlying lawsuit involving pollution damages.
• National Beef Packing Co., LLC v. Zurich American Insurance Co., 336 S.W.3d 181 (Mo. App. W.D. 2011). Determination of whether an insurer’s duty to defend ended when it paid its policy limits to obtain a partial settlement in the underlying case.
• Hertz Equip. Rental Corp. v. Ammon Painting Co., 2009 WL 2365578 (Mo. App. W.D. Jan. 26, 2010). Coverage dispute between multiple insurers issuing primary and excess policies over priority of coverage impacted by additional insured endorsements, “other insurance” provisions, and indemnity agreements.

Personal Injury

• Defense of a nationwide shipping company in an accident where the alleged negligence of one of its drivers caused quadriplegic injuries.
• Defense of a large national retailer in a premises liability case based on allegedly inadequate security resulting in the failure to prevent criminal activity in the parking lot of one of its stores.
• Defense of a wrongful death action brought by the surviving widow and three children of a high wage earning 45-year-old man killed when his vehicle collided with a tractor trailer operated by an interstate truck driver.
• Representation of the owner of an office building in a claim by more than 30 plaintiffs alleging various personal injuries caused by the presence of mold.
• Representation of a tree stand manufacturer where an alleged defect in one of its products rendered the plaintiff a paraplegic.
• Personal injury cases are rarely appealed or reported, and settlements are often confidential, making it difficult to provide greater detail in the cases described above.

Commercial

• Co-counsel for plaintiff in a legal malpractice case resulting in a multi-million dollar verdict against the defendant law firm.
• Lead counsel in a case where summary judgment was obtained resulting in the attachment of the client’s $20 million judgment to property in the original judgment debtor had transferred to numerous third party entities.
• Co-lead counsel in a case where he represented an individual entrepreneur in a legal malpractice claim arising from sale of intellectual property resulting in a $3 million plus settlement.
• Co-counsel in preparation of a jury trial which resulted in a $4 million plus verdict against a competing company started by the client’s former employee.
• Represented an employment agency in a racial discrimination action, ultimately resulting in the employee’s dismissal of all claims.