Mark J. Plumer

Mark regularly has acted as the lead lawyer on teams handling a wide range of different kinds of insurance matters, including environmental property damage claims, product liability claims, asbestos bodily injury claims, cyber claims, professional liability claims, directors and officers liability claims, business interruption claims, contingent power outage claims, marine cargo claims, and claims of various kinds against insolvent insurers, domestically and internationally.

Mark is perhaps best known for his work on behalf of public utilities, oil companies and mining companies. During his career, Mark has handled numerous multibillion-dollar claims for such companies, as well as for consumer products companies.

• Lead counsel in litigation between a large U.S. oil refiner against its historic insurers regarding insurance coverage for environmental contamination.
• Lead counsel in dozens of complex insurance claims settled outside of litigation, with claim values exceeding $10 billion.
• Collected hundreds of millions of dollars in settlements for a Fortune 50 product manufacturer sued in thousands of lawsuits based on allegations of bodily injury.
• Lead counsel in claims under the laws of the various United States, Canadian Provinces, Bermuda, Japan, England, Jamaica, Brazil, Italy and Germany.
• Lead counsel for a Guam-based cable operator with property loss caused by a tsunami.
• Obtained first “all sums” scope of coverage ruling in Wisconsin and North Carolina state courts.

• “Considering Alternative Dispute Resolution,” Coverage Litigation, Chapter 25, New Appleman Insurance Law Practice Guide, Vol. II, 2015.

• Honors & Awards
  • Chambers USA
    1. Insurance: Policyholder: D.C. (2004 – 2023); Band 1
    2. Insurance: Dispute Resolution: Policyholder: U.S.A-Nationwide (2009-2023); Band 2
  • BTI Client Service All-Star (2022)
  • Benchmark: Litigation, National Litigation Star (2022-2024)
  • Recognized by Best Lawyers (published by BL Rankings LLC), Insurance Law (2022 – 2024)
•  Associations
  • Fellow, American College of Coverage and Extracontractual Counsel
• Speaking Engagements
  • “Top Five Legal Developments: A Whirlwind Review of What Risk Professionals Need to Know,” RIMS 2018 Annual Conference, San Antonio, April 2018.

  • “Climate Change Litigation: The Targets, the Cases, and What You Need to Know to Prepare,” PLI Webinar, October 20, 2017.

  • “Top 10 Legal Developments: A Whirlwind Review of What Risk Professionals Need to Know,” RIMS 2017 Annual Conference, Philadelphia, April 2017.
  • “Utilities Industry: Today’s Hot Issues,” RIMS 2017 Annual Conference, Philadelphia, April 2017.
  • “Cyber Insurance and Claims Response,” 2016 AGA Legal Forum, Asheville, NC, July 2016.
  • “Catastrophic Dilemmas – Practical and Legal Responses,” The Corporate Crisis Management Forum: What to Do When The Worst Happens, Dallas, Texas, February 2016.
  • “Where’s Waldo? How to Avoid Losing Coverage in Corporate Transactions,” RIMS 2015 Annual Conference, New Orleans, April 2015.
  • “The Solution to Pollution: Managing a Chronic Problem,” RIMS 2015 Annual Conference, New Orleans, April 2015.
  • “What Your Senior Management Does Not Know about Risk Management (But Should),” RIMS 2014 Annual Conference, Denver, April 2014.
  • “Utilities Industry: A Discussion of the Issues of the Day,” RIMS 2014 Annual Conference, Denver, April 2014.
  • “Catastrophic Dilemmas – Practical and Legal Responses,” MAPI Risk Management Council, Jacksonville, February 2014.
  • “What Every General Counsel Needs to Know about Their Company’s Insurance Program,” MAPI Law Council, San Francisco, October 2013.
  • “What Your General Counsel Does Not Know about Insurance (But Should),” RIMS 2013 Annual Conference, Los Angeles, April 2013.
  • “Catastrophic Dilemmas – Crisis Response and Insurance Recovery,” AGA Legal Committee, Washington, DC, December 2010.
  • “Top Legal Developments – What You Need To Know to Keep Current,” RIMS 2010 Annual Conference, Boston, April 2010.
  • “Coverage for Environmental Claims under Historic and Current Policies,” AGA Risk Management Committee, Boston, July 2009.
  • “Utilities Workshop – A Discussion of the Issues of the Day,” RIMS Annual Conference, Orlando, April 2009.
  • “Insurance Ramifications of the Subprime/Credit Mortgage Crisis,” ABA TIPS Mid-Year Conference, Los Angeles, February 2009.
• External Publications
  • “The Top Six Legal Developments of 2018,” RIMS Professional Report, December 2018. Co-Author.
  • “The Top 8 Legal Developments You Need to Know About in 2017,”RIMS, Co Author September 2017.
  • “Escape Clause Offers Insurer No Escape from Duty to Defend,” Policyholder Insider blog, November 2015. Co-Author.
  • “New Jersey Supreme Court to Hear Transfer of Insurance Rights Case,” Policyholder Insider blog, November 2015. Co-Author.
  • “Cutting the Long-Tail: UK vs. U.S. Insurance Insolvencies,” Law360, October 2015. Co-Author.
  • “Don’t Get Burned: Tips for California Companies Facing Increased Risk of Wildfires,” Law360, July 2015. Co-Author.
  • “ADR: We Can Work It Out,” Policyholder Insider blog, May 2015. Co-Author.
  • “Insurance Implications of EPA’s New Coal Ash Rules,” Law360, March 2015. Co-Author.
  • “Moving on from the Uninsured Motorist to the Insured Un-Motorist: Insuring the Driverless Car, and Other Innovations,” Policyholder Insider blog, March 2015. Co-Author.
  • “Environmental Insurance Claims: The Second Generation Revisited,” New Appleman on Insurance: Current Critical Issues in Insurance Law, April 2013.
• Blog Posts
  • Winner-Winner: Preserving Your Chicken Dinner with JPI, Authors: Mark J. Plumer and Brendan Hogan, 02/01/2024.
  • Ebasco Choice of Law: A Decision Half a Century in the Making, Author: Mark J. Plumer, 08/16/2023.
  • Update: Maine and Massachusetts Consider PFAS Legislationm, Authors: Mark J. Plumer, Reza Zarghamee, Jillian Marullo, Rebecca M. Lee 04/21/2023
  • EPA Proposes Stringent Regulation of PFAS in Drinking Water, Authors: Mark J. Plumer, Reza Zarghamee, Tamara D. Bruno, Cara M. MacDonald, 03/23/2023
  • North Carolina, California, Wisconsin and Illinois Sue Companies over PFAS “Forever Chemicals” Contamination, Authors. Mark J. Plumer, Reza Zarghamee, Jillian Marullo, Rebecca M. Lee, 02/21/2023
  • Proposed Rule to Designate Two PFAS Chemicals as Hazardous Substances Stands to Up the Ante for Site Remediation, Authors: Mark J. Plumer, Reza Zarghamee, Amanda G. Halter, Ashleigh Myers, 09/02/2022
  • “Stranger Danger”: The Perils of Loss Portfolio Transfers and Third-Party Administrator Claims Handling, Authors: Mark J. Plumer, Bryan J. Coffey, 07/20/2022
  • Ohio Appellate Court Ruling Is a Reminder that Cyber Coverage Can Be Found in Unexpected Places, Authors: Mark J. Plumer, William C. Miller, 05/28/2022
  • The Benefits of Mediating Complex Insurance Claims in a Post-Pandemic World, Author: Mark J. Plumer, 12/03/2021
  • Follow the Leader: How Ambiguities in Excess Follow-Form Policies Can Lead Policyholders Down a Crooked Path, Authors: Mark J. Plumer, Bryan J. Coffey, 08/02/2021
  • Claims-Writing Ghosts Come Back to Haunt Insurers, Authors: Mark J. Plumer, William C. Miller, 03/12/2021
  • A Recent “Event” in Wisconsin: Appellate Court Rules That a Commonly Used London Market “Occurrence” Definition Is Ambiguous, Authors: Pillsbury’s Insurance Recovery Law Team, 12/09/2019
  • Environmental Closure Costs Are Covered! (And Are Not Ordinary Costs of Doing Business), Author: Mark J. Plumer, 06/13/2019
  • Settling Complex Insurance Claims – Choosing the Right Path, Author: Mark J. Plumer, 12/18/2017
  • How the White Rabbit Lost His Insurance – The Importance of Keeping Your Eye on the Clock, Author: Mark J. Plumer, 07/03/2017
  • Death of Orion—OIC’s Amending Scheme Leaves the Insurer “Mostly” Dead, Author: Mark J. Plumer, 05/23/2016