We represent the former parent of a bankrupt, former subsidiary, in connection with disputes with the former subsidiary's general liability insurance carrier regarding whether or not our client must assume responsibility for paying the $5 million self-insured retention regarding civil liability claims against the former subsidiary that had been discharged by as a result the former subsidiary's Chapter XI bankruptcy. In accordance with a separate settlement between the carrier and the subsidiary, the carrier assumed the defense of the underlying claims, agreeing in effect with the claimants that the bankruptcy of the insured subsidiary had not discharged the carrier's obligation to pay insured claims, even though 100% of the first $5 million of very claim was self-insured by the bankrupt company. The carrier then took the position that our client, also a named insured under the policies insuring the former subsidiary, had agreed in a separate Payment Agreement effectively to guarantee the obligations of the subsidiary to pay the SIR. When our client refused to reimburse the costs incurred by the carrier in defending the pre-bankruptcy claims against the former subsidiary, the carrier drew down a letter of credit place by our client to obtain reimbursement of the carrier's costs and then successfully moved to compel arbitration of the Payment Agreement dispute. The arbitration is pending.

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Advice on laws impacting health and welfare plans for a leading cancer health organization
Counsel a leading cancer health organization on federal laws impacting group health and welfare plans. more
Public procurement for Westinghouse Rail Systems Ltd.
Represented Westinghouse Rail Systems Ltd., a Swedish rail company and an international contractor, in a dispute regarding the procurement of a rail more
Expert witness in litigation for pharmaceutical company
Expert witness for global veterinary medicine corporation in litigation involving an animal vaccine. more
Fraudulent marketing claims of one of the nation's largest fast food franchisors
Successfully represented one of the nation's largest fast food franchisors and its franchisees in an investigation of claims associated with a more