Insurers Sue Clients to Avoid Payouts for Storm and Flood Damage
2014 PLUS D&O Symposium
Peter M. Gillon
“Gillon’s skill at settling complex insurance disputes, oftentimes with little or no litigation, makes him a leader in the field. And clients credit Gillon with helping them improve their arguments in discussions with insurers, contributing to significant recoveries.” -- Law360
Mr. Gillon has achieved national recognition for his experience in representing major corporate policyholders—from airlines to energy companies—in their dealings with insurance companies, both in claims disputes, and in transactions, such as insurance placement or structuring liability transfers. Mr. Gillon co-leads the law firm’s Insurance Recovery and Advisory practice, which was named one of the top five insurance coverage practices in the U.S. by Insurance Law 360 in 2010, after the publication solicited submissions from more than 300 law firms. He was recently recognized by his peers as one of the “Ten Most Admired Attorneys” in the area of insurance coverage.
Mr. Gillon's significant representations include litigation of United Airlines' business interruption claims arising from the 9/11 terrorist attacks, negotiating an energy company's precedent-setting settlement of coverage claims arising from multi-billion dollar securities class actions, and serving as coverage counsel to one of the owners of the Macondo well in connection with the Deepwater Horizon disaster.
Areas of Concentration
- Insurance coverage litigation involving all major lines, including executive liability (D&O, fiduciary, fidelity, EPLI), disaster-related property and business interruption losses, and pollution liability
- Negotiation of insurance coverage, including environmental risk transfer
- Advising companies on coverage needs, terms and conditions
- Environmental risk management in real estate transactions, bankruptcy
- Ongoing representation of a co-owner of the Macondo leasehold in litigation of insurance claims arising from the well blowout and Deepwater Horizon incident.
- Representation of Laureate Education, Inc. in resolving D&O liability insurance claims to settle major securities class action.
- Ongoing representation of leading airline on business interruption claims arising from the 2011 Japan Earthquake/Tsunami.
- Ongoing representation of Gibson Guitars in coverage litigation in various courts arising from the 2010 Nashville floods.
- Representation of CNL Hotels & Resorts in D&O coverage litigation regarding the critical issue of coverage for Section 11 damages. CNL Hotels & Resorts, Inc. v. Twin City Fire Ins. Co., 2008 WL 3823898 (11th Cir. 2008).
- Representation of an energy company in coverage claim for mass tort action for manufacture and sale of MTBE.
- Representation of an energy company in a first-of-its-kind workout and restructuring of $2 billion of Directors and Officers and Fiduciary insurance.
- Representation of a company in litigation against Hartford Insurance Company regarding fidelity bond claims for $500 million in loss suffered in the Student Finance Corp. fraud case
- Representation of major New Orleans hotel and property owner in property damage and business interruption claims arising from Hurricanes Katrina/Rita.
- Representation of an airline on its business interruption claim relating to Hurricane Ike.
- Representation of an insurance company in securing Directors and Officers and Fidelity coverage for over $200 million in loss suffered in the National Program Services illegal surety bond scandal.
- Representation of developer in litigation of first bad faith coverage claim under an environmental cost-cap policy.
- Representation of United Airlines for property damage and business interruption losses related to September 11, 2001.United Airlines v. Insur. Co. of State of Pa., 439 F.3d 128 (2d Cir. 2006).
- Representation of an airline regarding business interruption losses under property policy due to December 2002 typhoon that destroyed its hangar in Guam.
- Representation of United Airlines in complex global insurance recovery effort involving litigation and settlement of environmentally related liability at airport and non-airport sites across the country, and structuring policy buyback in Chapter 11 proceeding under §363 of the Bankruptcy Code.
- Obtaining coverage for an aircraft maintenance company's significant liabilities resulting from the 1996 crash of ValuJet Flight #592 into the Florida Everglades.
- Obtaining significant settlements on behalf of two major airlines for environmental liabilities at over 100 airports and Superfund sites around the country.
- Representation of developers of environmentally contaminated brownfield properties throughout the U.S., including New Jersey, Maryland, Virginia and Indiana. Also founded and represent national association of developers of environmentally impaired properties.
- Environmental counsel to some of the largest Chapter 11 debtors, as well as PRP groups, in bankruptcy proceedings.
- 10 Most Admired Insurance Attorneys, Insurance Law360 (2010)
- Vice Chair, American College of Coverage and Extracontractual Counsel
- "Planning for the Next Disaster: Insurance Concerns in the Wake of Sandy," Pillsbury CLE Marathon, Feb. 28, 2013
- "Insurance Issues in the Face of Natural Disasters," Crisis Management Scenarios and Solutions Presentation, Oct. 4, 2011
- "Managing the Liability Exposure of Directors," Directors' Institute, April 9, 2010
- "Disclosures of Climate Change Impacts: A Look at the SEC's Recent Ruling," Association of Climate Change Officers Webinar, Feb. 22, 2010
- “Ten D&O Policy Enhancements You Should Ask for in 2010,” 15th Annual Advanced Forum on D&O Liability, Dec. 1, 2009
- “Talking to the Board in a Time of Uncertainty,” PLUS D&O Conference, Feb. 25, 2009
- “Ten D&O Policy Enhancements You Should Ask for in 2009,” RIMS Virtual Conference & Expo, Nov. 13, 2008
- “Key D&O Enhancements to Consider for 2008-2009,” Directors' Education Institute, Duke University, Sept. 24, 2008
- “The Challenges of Climate Change and the Risks to Directors and Officers,” Directors' Education Institute, Duke University, Sept. 24, 2008
- “Ten D&O Policy Enhancements You Should Ask for in 2008,” RIMS Annual Conference, April 27, 2008
- “Ten Critical Updates on Your D&O Coverage,” Directors' Education Institute, Duke University, Nov. 7, 2007
- “When Risk Becomes Reality: Handling Claims Under Environmental Policies,” National Brownfield Association Annual Meeting, October 16, 2007.
- “Non-Traditional Risk Transfer Options,” Mealey's 5th Annual Advanced Insurance Conference, Jan. 22, 2007.
- “Disaster Preparedness: How to Plan and React to a Catastrophic Event,” Mealey's Catastrophic Loss Conference, May 9, 2006.
- “Catastrophic Claims Issues,” Mealey's Hurricane and Natural Disaster Teleconference, March 3, 2006
- “D&O Policy Provisions and Their Impact on Claims,” PLUS D&O Symposium, Feb. 1, 2006
- "NY Curtails The Phantom 'Restitution Defense' To D&O," Law360, July 2013
- "Case Overview: Lessons from the Great Fire of 1906," December 2010
- “An Inconvenient Suit: Why Global Warming Should Concern Directors and Officers,” January 2007
- “Securities Claims Coverage Under Director's And Officer's Liability Policy--Less Than Meets the Eye?” Mealey's Emerging Insurance Disputes, co-author with Tab Turano, December 2006
- “When Disaster Strikes: Are you Sure that Your Business is Adequately Insured?”, Directors & Boards, co-author with Brian Friel, Spring 2006.
- Monthly column, “The Jaundiced View,” Brownfield News magazine (2001-2007)