Nicolaides Fink Thorpe Michaelides Sullivan LLP

The inside edge to superior results.

Overview

Overview
Experience
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When a case can not or should not be resolved early, our attorneys have the skills and experience to try the most complex cases in jurisdictions around the country. Our deep bench includes seasoned litigators who have successfully lead jury and bench trials, as well as arbitrations. Working closely with nationally recognized experts in jury behavior and the presentation of complex information, we manage cases to achieve the best possible result in any forum. Our attorneys are ready and able to champion your cause.

EXPERIENCE

Representative Trial matters include:

Obtained trial judgment, and affirmation on appeal, that product failure was not an occurrence under Texas law and, alternatively, insured failed to present evidence sufficient to allocate covered and uncovered damages. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Puget Plastics Corp., 735 F. Supp. 2d 650 (S.D. Tex. 2010), aff’d, 454 F. App’x 291 (5th Cir. 2011).

Jury verdict in favor of excess insurers against a claim for failure to settle within policy limits, with jury finding insurers did not act in bad faith in rejecting settlement demands in underlying personal injury lawsuit (ultimately resolved for $32 million), and defeated claim for Brandt fees based on that equitable subrogation claim by excess insurer for bad faith failure to settle did not involve recovery of sums owed on policies issued by lower-tiered excess insurers. Columbia Cas. Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., No. BC402657 (Cal. Super. Ct. Oct. 26, 2011).

Received defense verdict in California federal court trial on OneBeacon’s cross-complaint for insurance fraud in presentation of claim arising out of fire loss in textile business.

Won re-trial and reversal of earlier California trial court ruling against excess insurer on duty to pay defense costs in addition to limits following the discovery of additional umbrella policies the insured failed to disclose to its insurer in asbestos coverage litigation.

Handled successfully California state bench trial on interpretation of unique policy language, including self-insured retention and deductible requirements, in complex multi-policy, multi-party coverage dispute.

Received defense verdict for insurer against individual seeking multiple millions for “default” (consent) judgment in environmental contamination coverage case, and award of Buss reimbursement of defense costs paid under reservation of rights.

Obtained defense verdict for excess insurer on basis of sudden and accidental pollution exclusion following jury trial in which property management company sought insurance coverage for property damage from its lessee’s dry cleaning operations.