Our Cases

LJW's lawyers consistently deliver favorable results in complicated and high stakes legal disputes. They have successfully litigated coverage and extracontractual issues in federal and state trial and appellate courts nationwide, in diverse areas of insurance ranging from directors and officers liability, non-profit organization liability, and professional liability policies to primary and excess general liability, first-party property, and disability policies. In addition, LJW's lawyers have significant experience in representing businesses, associations, and individuals in a wide array of litigated matters including professional malpractice, products liability, banking, and antitrust cases, among many others. The following cases illustrate the breadth and depth of knowledge and litigation experience that LJW's lawyers have developed during their many years in the practice of law.

Cristal USA Inc. v. XL Specialty Insurance Company, 03-C-13-007865 CN (D. Md. 2013).  LJW obtained summary judgment on behalf of an excess insurer in a coverage action in which the insured asserted it was entitled to coverage for claims alleging it participated in an antitrust conspiracy dating back to 2002.  The primary insurer had accepted coverage.  The court held that a prior acts exclusion barred coverage in their entireties for the claims, which alleged wrongful acts before and after a 2007 prior acts date, and that LJW’s client was not bound by the primary insurer’s improper acceptance of coverage.

American Guarantee and Liability Insurance Company v. United States Fidelity & Guaranty Company, et al., No. 10-2275, 2012 U.S. App. LEXIS 2646 (8th Cir. Feb. 10, 2012).  LJW was retained, in the immediate aftermath of a $46 million wrongful death verdict in Missouri state court, to represent the interests of a primary insurer and its claims administrator, who had declined an excess insurer’s pre-trial demands to settle the case within the $5 million primary policy limit.  The underlying case arose from a horrific, twelve-vehicle accident on a Missouri interstate highway, and specifically from the deaths of a married couple who had been killed in the accident.  LJW’s client prevailed on summary judgment and appeal, on the excess insurer’s bad faith failure to settle claim.

VEOH Networks, Inc. v. Socius Insurance Services, Inc., et al., No. BC431790 (Cal. Super. Ct., Los Angeles County 2010).  LJW represented a directors and officers liability insurer in a coverage action in which the insured sought coverage for an intellectual property claim against both it and several of its institutional investors.  LJW obtained dismissal of the action, with prejudice, by establishing that an intellectual property exclusion barred coverage for the insured and that the institutional investors’ ability to appoint directors to the company’s board did not entitle the investors to coverage as “Insured Persons.”

Doe v. North River Insurance Company, Case No. 08-cv-2075-Orl-35DAB, 2010 U.S. Dist. LEXIS 99587 (M.D. Fla. Apr. 6, 2010).  LJW represented an insurer in an action brought by a judgment creditor and assignee who sought coverage under a public entity liability policy.  The plaintiff obtained a judgment in excess of $1.1 million in the underlying action against a former city police officer who had sexual intercourse with her while she was a minor child.  LJW obtained summary judgment for the insurer by demonstrating to the court that the police officer's sexual battery of the minor child did not constitute "assault and battery" under the policy, the officer was not acting in an insured capacity when he had sexual relations with the minor child, the plaintiff's injuries were not the result of an "accident," and the claim was not covered under the auto liability coverage in part because the plaintiff's injuries did not arise out of the use of the officer's police cruiser.

Liberty Mutual v. TIG Insurance Company, No. 2304 EDA 2009 (Pa. Super. Ct. June 23, 2010).  LJW successfully defended its insurer client against a bad faith claim brought by another insurer arising out of a $12.5 million settlement in an underlying claim.  After winning motions for judgment on the pleadings and summary judgment in the trial court, Jeffrey Ward briefed and argued an appeal in the Pennsylvania Superior Court, obtaining an affirmance of the trial court ruling.

Property I.D. Corporation v. Greenwich Insurance Company, No. 09-55364, 2010 WL 1646017 (9th Cir. April 26, 2010).  LJW won summary judgment for its insurer client in a D&O insurance coverage matter.  The trial court ruled that the policy’s interrelated wrongful acts provision, prior notice exclusion, and prior and/or pending litigation exclusion barred coverage for the claim at issue.  The Ninth Circuit affirmed.  Jeffrey Ward was lead counsel, handling all briefing and oral arguments in both the trial court and the Ninth Circuit.

Service Employees International Union v. Travelers Indemnity Co., No. CAB 6935-06 (D.C. Sep. 22, 2008).  LJW represented an insurance client in an action brought by an international union claiming that the insurer had in bad faith refused to defend the union in a case brought by a former union officer alleging that the union had wrongfully withheld severance and pension payments.  LJW persuaded the superior court and the appellate court that the insurer was entitled to summary judgment because the union's withholding of severance and pension payments did not constitute negligent conduct or the covered administration of an employee benefit plan.

Westport Insurance Corporation v. Albert, No. 05-1726, 2006 WL 3522500 (4th Cir. Dec. 6, 2006).  LJW obtained summary judgment on behalf of its insurer client, with the court holding that the prior knowledge exclusion in an accountants’ professional liability policy barred coverage for an underlying claim.  The Fourth Circuit affirmed following oral argument.  Jeffrey Ward was lead counsel for all proceedings.

Greenwich Insurance Co. v. LecStar Corporation, et al., No. 1:05-CV-3275-RLV (N.D. Ga. 2006).  LJW won judgment on the pleadings for its client in a D&O insurance coverage matter.  Judgment was awarded based on application of an insured versus insured exclusion to a suit in which one of the named plaintiffs was a former vice president of the insured company.

Sphinx International, Inc. v. Genesis Indemnity Insurance Company, et al., 412 F.3d 1224 (11th Cir. 2005).  In an action arising from a securities class action by a former director and officer of the insured corporation, LJW obtained summary judgment for its insurer client based on an insured versus insured exclusion in a directors and officers liability policy.  On appeal, the United States Court of Appeals for the Eleventh Circuit unanimously affirmed the trial court’s ruling, rejecting arguments by the appellant that attacked the exclusion on multiple grounds, and finding that the plain meaning of the exclusion supported the insurer’s position.

Ameridebt, Inc. v. Gulf Insurance Co., et al., No. 8:04-CV-1375 (D. Md. 2005).  LJW prevailed on a motion to dismiss extracontractual claims against defendant insurers as a matter of law.

Ohio Hospital Insurance Co. v. CNA Financial Corporation, 2005 U.S. Dist. LEXIS 9864 (N.D. Ohio May 24, 2005).  LJW successfully defended an insurer against claims for contribution for a settlement under which the insured did not have a "legal obligation to pay."

Dover Downs, Inc. v. TIG Insurance Company, No. 04-199-SLR, 2004 U.S. Dist. LEXIS 16365 (D. Del. Aug. 11, 2004).  LJW prevailed in a declaratory judgment action in which an operator of a horse track sought coverage under a general liability policy in connection with an underlying civil rights lawsuit in which the track had been accused of improperly denying racing privileges to three individuals.  LJW argued, on a motion to dismiss, that the civil rights lawsuit did not trigger coverage under the policy’s property damage or personal injury insuring provisions.  The United States District Court for the District of Delaware agreed and granted the motion to dismiss on this basis.