IICJ Paper Catching the White Whale — Proving Insurance Bad Faith and Recovering Punitive Damages at Trial in the United States Mark Van de Voorde , Chief Legal and Administrative Officer, Worldwide General Counsel, Victaulic Company of America (inc), USA
Jean Joseph, Partner, Pillsbury Winthrop Shaw Pittman LLP, USA
Colin Kemp, Partner, Pillsbury Winthrop Shaw Pittman LLP, USA
Allen Brandt, Senior Associate, Pillsbury Winthrop Shaw Pittman LLP, USA

On the heels of their $55.3 million insurance litigation victory in Victaulic Co. v. American Home Assurance Co. et al., Victaulic Company’s Chief Legal and Administrative Officer Mark Van De Voorde and Victaulic’s outside trial counsel Joseph D. Jean, Colin T. Kemp and G. Allen Brandt of Pillsbury Winthrop Shaw Pittman LLP, review strategies for taking an “insurance bad faith” case to trial before a jury in the United States. The article broadly outlines the importance of appropriate liability insurance to multi-national corporations, and the means by which in-house counsel can manage business risk through insurance and by working with their insurers. If and when, however, the relationship with an insurer breaks down, in-house counsel must lead their clients in preparing for trial. That takes planning and preparation, however. Based in part on their experience in the Victaulic litigation, the authors explain how to get ready for trial, outlining strategies for success, including utilizing the jury instructions and applicable law as guides, using the discovery process to marshal the evidence, and advancing themes and theories to tell a good, compelling story to the jury. Along the way, the authors provide a primer on U.S. insurance jurisprudence, highlight useful resources and identify pitfalls to avoid.
Author
Mark Van de Voorde
Mark Van de Voorde
Mark Van De Voorde is the Chief Legal and Administrative Officer and CorpMark Van De Voorde is the Chief Legal and Administrative Officer and Corporate Secretary of Victaulic Company, Victaulic LLC and Victaulic International Sarl (“Victaulic”). In this role, Mark deals with a wide array of legal and compliance issues around the world including but not limited to commercial law, litigation and dispute resolution, import-export, antitrust and fair trade, environmental, health and safety, SRO and regulatory approvals, anti-corruption and anti-money laundering as well as corporate development projects. Mark holds a B.B.S. in Finance from the University of Iowa, a J.D. with high distinction from the University Of Iowa College Of Law, and an M.B.A. with honors from the University of Chicago.
Author
Jean Joseph
Jean Joseph
Joseph Jean (joseph.jean@pillsburylaw.com) is a partner in Pillsbury’s Insurance Recovery & Advisory practice and is located in the New York office. He focuses on property and business interruption insurance for commercial property owners in various industries and has represented clients on some of the nation’s largest and most important catastrophic property losses, including the attacks on the World Trade Center and natural disasters such as Superstorm Sandy, hurricanes, tornados, floods and earthquakes. Over the past 5 years, Joe has helped policyholders recover more than $2 billion in damages. He also advises clients on insurance coverage for matters involving product liability, construction defects, directors’ and officers’ liability, employment liability, and governmental investigations.
Author
Colin Kemp
Colin Kemp
Colin Kemp (colin.kemp@pillsburylaw.com) is a partner in the Litigation group at Pillsbury and is based in the firm’s San Francisco office. An experienced trial lawyer who brings pragmatism, charisma, dedication and focus to his clients and their legal matters, his practice is split between representing insurance policyholders in coverage disputes and advising life sciences, biotechnology and medical device companies in intellectual property litigation. He holds a B.S. in Biology and Philosophy from Lewis & Clark College and a J.D., cum laude, from Santa Clara University School of Law.
Author
Allen Brandt
Allen Brandt
G. Allen Brandt (allen.brandt@pillsburylaw.com) is a senior associate in Pillsbury’s San Francisco office and a member of the firm’s Litigation practice. His practice has an emphasis on insurance, securities, and corporate matters. He also concentrates on tribal law and federal Indian Law and has worked with tribes to develop tribal court systems. He holds a B.A. from the University of California, Berkeley, and a J.D., , from the University of California, Los Angeles, School of Law.
Company
Victaulic Company of America (inc)
Victaulic is the originator and world’s leading producer of mechanical pipe joining solutions and grooved pipe joining systems. Used in the most demanding markets, Victaulic innovative pipe fitting technologies and services put people to work faster while increasing safety, ensuring reliability and maximizing efficiency. Victaulic grooved couplings, grooved fittings and pipe connectors are at work in more than 140 countries across diverse business lines. The company’s pipe fitting solutions meet specific business needs such as accommodating thermal movement, providing seismic solutions, safer system installations, pipeline maintenance and installation, fire protection piping and noise and vibration attenuation. For details and more, see http://www.victaulic.com
Company
Pillsbury Winthrop Shaw Pittman LLP
Pillsbury Winthrop Shaw Pittman LLP is a leading international law firm with offices around the world and a particular focus on the energy & natural resources, financial services, real estate & construction, and technology sectors. Recognized by Financial Times as one of the most innovative law firms, Pillsbury and its lawyers are highly regarded for their forward-thinking approach, their enthusiasm for collaborating across disciplines and their unsurpassed commercial awareness. For more information, visit www.pillsburylaw.com.
Country
USA More
Area of Law
Litigation More
Business Sector
Industry More
Month Published
July 2016 More
Edition
Vol. 9, No. 36, Summer 2016 More
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