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Home Explore 00000_DBL_Flipbook-Insurance_PF _v01

00000_DBL_Flipbook-Insurance_PF _v01

Published by agl_design, 2019-07-09 08:51:56

Description: 00000_DBL_Flipbook-Insurance_PF _v01

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Insurance Coverage, Defense, Reinsurance DOING BETTER LAW.

Highlighted Case Penn National v. Attsgood Realty (affirmed under Pennsylvania National Mutual Casualty Insurance Company v. Roberts, 668 F.3d 106 [4th Cir. 2012]),, established that Maryland law applies a time-on-the-risk analysis to casualty insurance claims for environmental torts. That principle had been adopted by Maryland’s intermediate appellate court prior to the Penn National decision, but neither Maryland’s highest court nor the Fourth Circuit federal court of appeals had previously decided the question. In the underlying tort case, plaintiff Lakia Roberts won a judgment of $850,000 based on her exposure to lead paint as a child living in a house leased to her family by Penn National’s insurer, Attsgood Realty. Roberts’ judgment was for joint and several liability against Attsgood and the subsequent owner. The district court agreed with Penn National that under Maryland’s time-on-the-risk rule, Penn National was liable only for the period of Roberts’ lead exposure that corresponded to when Penn National insured the property. The Fourth Circuit affirmed that ruling on appeal. Roberts continues to be cited as controlling authority on this question by federal courts in Maryland. Legal Services We offer broad experience including aggressively prosecuting declaratory judgement actions and vigorously defending clients against bad-faith allegations and punitive damages claims. We advise clients on a wide array of issues: Coverage opinions and Arbitration and mediation claim evaluation  Reservations of rights Insurance fraud & arson Property insurance Insurance coverage litigation, including declaratory judgment actions Casualty insurance Surplus lines Examinations under oath (EUOs) Good-faith claim practices Subrogation Insurance defense Extra-contractual claims (e.g., bad-faith) Litigation Appellate practice We’ve Been There and Done That. Le Dunlap Bennett & Ludwig | P. 800-747-9354

Selected Results & Wins Pennsylvania National Mutual Casualty Insurance Co. v. Attsgood Realty, et al., No. JFM-09-2650, 2010 WL 2998681 (D. Md. July 27, 2010), aff’d in part, rev’d in part, 668 F.3d 106 (4th Cir.), cert. den’d, 568 U.S. 822 (2012) – established new law in Maryland favorable for insurers in lead-paint environmental tort claims, limiting an insurer’s indemnification responsibility to time on the risk U.S. Home Corp. v. Nationwide Mut. Fire Ins. Co., No.1:15cv1464, 2016 WL 958348 (E.D. Va. Mar. 8, 2016) – defeated motion to remand to state court by proving that the lawsuit did not qualify as a “direct action” under 28 U.S.C. § 1332(c)(1) RLI Ins. Co. v. Conseco, Inc., No. 1:04cv310, 2007 WL 2020176 (S.D. Ind. July 6, 2007), aff’d, 543 F.3d 384 (7th Cir. 2008) – won summary judgment for insurer on ground that insured’s release of insurer from duty to defend the insured in a prior lawsuit relieved the insurer from the duty to defend in a later, related action What Our Clients Are Saying “Kevin (Streit) assisted with counseling as needed, but also was gracious to help with our lunch-and-learn [seminars.] He took time from his schedule to educate us. He is a tremendous, diligent, extremely organized, and hard-working person. He is very professional and personable. What I enjoy most about working with Kevin is his confidence and knowledge.” ̶Yanira Q. et Us Help You Go There and Do That. 4 | F. 855-226-8791 | www.dbllawyers.com

Our Insurance Practice Dunlap Bennett & Ludwig represents Europe insurers in complex, high-exposure property and casualty claims. Our experience London, UK includes analyzing and investigating claims, preparing coverage North America opinions, and providing insurers with sound pre-litigation claim advice. We Atlanta, GA understand the Charleston, WV importance of well-crafted Chicago, IL reservation-of-rights and declination Fort Collins, CO letters and assist claim Leesburg, VA professionals in preparing them. Our New York, NY attorneys have a proven track Los Angeles, CA record of successfully San Juan, PR representing insurers in state and Richmond, VA federal courts across the country, Tulsa, OK and we represent our clients in Toronto, ON the most cost-effective manner Vienna, VA possible. Waco, TX Washington, DC We are an AV Rated firm Wilmington, DE with lawyers from Top 20 schools who left behind Asia mega-firms to provide our clients with large firm Beijing, PRC expertise, comprehensive analysis, professional advice, and tailored service at economical rates. Contact for more information call Dunlap Bennett & Ludwig at 800.747.9354


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