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Tim advises insurance companies on a wide range of first- and third-party claims, principally those arising under cyber, tech E&O, and media policies, but also those arising under directors and officers, architects and engineers, and commercial property/general liability insurance policies (both primary and excess). Tim also represents companies in high-stakes insurance coverage disputes in state and federal trial and appellate courts across the U.S., as well as in arbitration forums. Such disputes often involve unusual or unsettled questions of law and claims seeking damages for bad faith and other extra-contractual relief.
In the rapidly evolving cyber-exposure space, Tim counsels and represents insurers in their handling of first- and third-party claims arising from all manner of privacy and data security breaches, cyber extortion/ransomware, business email compromise, website tracking technology/pixels, and other cyber- and privacy-related exposures, including those amplified by the proliferation of artificial intelligence.
Tim routinely advises cyber insurers on first-party claims seeking coverage for financial losses and system restoration costs and expenses, including those resulting from business interruptions. Tim also regularly counsels insurers on their handling of third-party cyber- and privacy-related claims, including those involving class action lawsuits, with an eye toward proactively and pragmatically resolving such claims.
Clients seek Tim's guidance on their most challenging claims, including those involving catastrophic/systemic risk events. For example, Tim represented several major insurers at a national level on novel business-interruption issues in the COVID-19 context, where Tim helped lead all dispositive-motion and appellate briefing while counseling his clients on highly sensitive and portfolio-wide issues. Tim's work in that space resulted in numerous complete dismissals, with prejudice, of complaints often demanding policy limits, along with affirmances on appeal of those favorable results. Other more recent work includes counseling cyber insurers on their handling of claims related to a ransomware attack on one of country's largest clearinghouses for health care providers.
In all areas of his insurance coverage practice, Tim brings to bear his significant experience analyzing and pursuing risk transfer opportunities where other insurance or third-party contractual indemnification is available to offset or even eliminate his clients' financial exposure for claims. Tim has also successfully assisted clients pursue and obtain subrogated recoveries after making payments for first- and third-party claims, based on both common-law and contractual theories of recovery.
Tim frequently comments on issues affecting the insurance industry. In 2020, Tim was named a Top 10 Contributor for insurance law as part of JD Supra's Readers Choice Awards.
Representative matters may include engagements before joining Troutman Pepper.