June 2014 – A Minnesota federal district court judge found in favor of Mark’s client in connection with a motion to dismiss a case Lexington brought as a primary professional liability insurer against an excess general liability insurer seeking contribution. The case subsequently settled on terms favorable to Mark’s client. Lexington Ins. Co. v AXIS Surplus Lines Ins. Co., 2014 WL 2508730 (D. Minn. June 4, 2014).
February 2014 – Mark obtained a defense verdict in an insurance coverage arbitration involving an employment practices liability insurance policy. The arbitration hearing took place in Chicago and the arbitration involved multiple underlying wage and hour class actions filed in California. The arbitration panel unanimously found in favor of Mark’s client – even the insured’s own party-appointed arbitrator found for the insurer. Earlier, Mark had won a motion to compel arbitration in a lawsuit the insured filed in federal court in California.
July 2011 – The Third Circuit Court of Appeals affirmed the order of a Virgin Islands federal district court judge granting summary judgment to Mark’s client. The Third Circuit agreed with the District Court that Mark’s client did not breach its contract with an insured by filing an interpleader action rather than paying the policy limits to the insured over another insured’s objection. Mark had represented the insurer in connection with both the numerous underlying cases and the coverage lawsuit and argued the appeal. See HOVENSA LLC v. Lexington Ins. Co., 2011 WL 2631855 (3d Cir. July 6, 2011).
May 2011 – Mark and Donna Hess secured a defense verdict in an insurance coverage arbitration arising from the collapse of a Vertical Belt System at a coal mine in Illinois. The arbitration panel found that the products exclusion in the Architects and Engineers Professional Liability policy precluded coverage.
November 2008 – Mark represented National Union Fire Insurance Company in connection with the successful appeal of a defense verdict obtained in a bad faith case tried in the District of Massachusetts by Tony Zelle. National Union Fire Ins. Co. of Pittsburgh, Pa. v. West Lake Academy, 548 F.3d 8 (1st Cir. 2008). Among the issues on appeal was whether evidence of the claimant’s settlement with another insurer was admissible in the bad faith trial.
September 2008 – Mark Cohen, R.J. Maselek and Donna Hess obtained a defense verdict for Lexington Insurance Company in Lifestyles v. Lexington Insurance Company, a case arbitrated before the American Arbitration Association. At issue was whether coverage was provided under an Employment Practices Liability Insurance policy and whether the insurer was estopped from raising coverage defenses.