Practice Expertise

  • Insurance Coverage Counseling and Litigation
  • Insurance Coverage
  • Litigation
  • Cyber Insurance

Areas of Practice

  • Cyber Insurance
  • Insurance Coverage
  • Insurance Coverage Counseling and Litigation
  • Litigation
  • Professional Liability
  • Reinsurance
  • Securities Litigation and SEC Enforcement
  • Transactional Insurance
  • View More

Profile

Patrick counsels clients on all aspects of insurance and reinsurance coverage. He assists clients in obtaining appropriate coverage and represents clients in resolving disputes over coverage, including in litigation and arbitration.

During law school, Patrick served as a judicial intern for two federal judges: the Honorable Michael F. Urbanski in the Western District of Virginia and the Honorable Ricardo M. Urbina in the District of Columbia.

Relevant Experience

  • Represented cedent in eight-day jury trial involving facultative reinsurance for underlying products liability claims and disputes over allocation, primary policy limits, and umbrella policy coverage for defense costs.
  • Represented client through two-week international arbitration between consumer health and beauty product manufacturer and European insurer involving products liability liabilities and rescission claim.
  • Advised clients on available insurance coverage in connection with corporate transactions, including sales of asbestos liabilities.
  • Litigated billion-dollar dispute under professional liability/errors and omissions (E&O) policies arising from allegations of insurer bad faith failure to settle class action brought under Telephone Consumer Protection Act (TCPA).
  • Advised major trade association and financial institution on options for captive insurance and other alternative risk transfer mechanisms.
  • Represented client in claim under representation and warranty policy involving third-party claim against policyholder and breach of representations in merger agreement concerning compliance with existing contracts.
  • Litigated insurance coverage under claims-made policy for settlement of class action alleging defects in over-the-counter medical product and related claims for bad faith.
  • Represented client in claim under representation and warranty policy involving breaches of representations in asset purchase agreement related to condition of assets.
  • Advised client on creation of captive insurance company, including negotiating agency agreement and drafting formation documents.
  • Advised on COVID-19 insurance recovery claims under property insurance policies, including for business interruption losses.
  • Advised clients in corporate transactions on subrogation provisions in and broadening coverage under buyer’s representation and warranties policies.
  • Represented cedent in state court and federal court litigations in disputes with facultative reinsurers over coverage for payments made for underlying asbestos lawsuits, and involving follow-the-fortunes and follow-the-settlements doctrines, allocation disputes, and reinsurance limits disputes (Bellefonte).
  • Represented cedent in two-week jury trial over coverage under facultative reinsurance certificates involving allocation, limits, and defense cost issues.
  • Represented cedent in two-week bench trial involving facultative reinsurance certificates.
  • Represented cedent in arbitration over coverage under facultative reinsurance certificates through multi-day hearing involving allocation issues and reinsurance limits defense (Bellefonte).
  • Represented client in obtaining coverage under D&O policy for SEC investigation.
  • Advised major financial institution on its captive insurance policy for cyber insurance and related reinsurance coverage.
  • Advised equity group regarding purchase of representations and warranties insurance for acquisition.
  • Counseled investment firm on impact of Delaware insurance statutes and regulations on proposed transaction.
  • Represented cedent regarding claims under reinsurance treaty for coverage for payments made under policyholder’s self-insured health insurance program.
  • Litigated dispute among policyholder, insurer, and broker arising out of insurer’s denial of coverage after theft of policyholder’s boat.
  • Represented client in disputes with insurer and broker regarding coverage for defense costs for Fair Labor Standards Act (FLSA) lawsuit under employment practices liability (EPL) policy.
  • Represented client in coverage dispute under directors and officers (D&O) and EPL coverages regarding coverage for defense costs for underlying lawsuit arising out of, among other things, alleged breaches of acquisition agreement and related employment agreements.
  • Represented client in dispute between healthcare industry service provider and insurer under all-risk property policy over coverage for shipments made as a result of fraudulent invoices.
  • Litigated dispute regarding coverage under legacy general liability policies for underlying lawsuits claiming bodily injuries related to contaminated groundwater and asbestos.
  • Arbitrated dispute over coverage under reinsurance treaties for settlement of claims made under errors and omissions (E&O) policies arising out of underlying lawsuit alleging violations of Telephone Consumer Protection Act (TCPA).
  • Represented client in dispute over life insurance proceeds.
  • Represented cedent in state court litigation with facultative reinsurer involving allocation issues and reinsurance limits defense (Bellefonte).
  • Represented cedent in federal court litigation involving notice obligations and rescission claim.
  • Litigated dispute between policyholder and broker involving breach of contract and negligence claims against broker.
  • Litigated dispute over coverage under media liability policy.
  • Represented client in negotiating commutations involving captive reinsurance entity.
  • Advised client on recovery under directors and officers (D&O) policy in connection with ongoing bankruptcy proceeding.
  • Evaluated claim under representation and warranty policy involving breaches of representations in membership interest purchase and contribution agreement related to accuracy of financial statements and material adverse effects.
  • Litigated dispute in state court related to coverage under commercial lines policy issued to city and involving applicability of employers’ liability exclusion.
  • Advised client on recovery under errors and omissions (E&O) coverage for settlement of underlying bodily injury claim.
  • Advised cedent on recovery under reinsurance contracts for settlement of underlying claims submitted under public entity liability policy.
  • Represented college students facing allegations of hazing in connection with obtaining insurance coverage under liability policies.
  • Represented inmate pro bono in action under 42 U.S.C. § 1983, including through multi-day jury trial.
  • Represented client pro bono in connection with potential dispute with architect.
  • Represented theater company pro bono in dispute involving workers’ compensation premium.
  • Represented nature conservancy pro bono in dispute with state governmental agency regarding permits.

Bar Admissions

  • District of Columbia
  • Virginia

Education
BS, BA, Virginia Polytechnic Institute and State University, cum laude, 2006

Areas of Practice

  • Cyber Insurance
  • Insurance Coverage
  • Insurance Coverage Counseling and Litigation
  • Litigation
  • Professional Liability
  • Reinsurance
  • Securities Litigation and SEC Enforcement
  • Transactional Insurance

Professional Career



Articles

  • Look Closely At Insurer Allegations Concerning Privilege, Law360
  • Policyholder obtains coverage for $80 million settlement reached without insurer’s consent, Inside Counsel
  • Business Liability Policy Requires Insurer to Defend Defamation and Business Tort Claims Arising Out of Business’ Web Site Publications, FC&S Legal
  • The Bad Faith Exception to the Prejudice Requirement Does Not Represent New York Law, ARIAS – U.S. Quarterly
  • Fourth Circuit Rules under Maryland Law that Insurer May Not Void Policy Based on Ambiguous Policy Application Questions, FC&E Legal
  • Implications of Flagship Credit V. Indian Harbor, Law360
  • Landmark Montana Supreme Court Decision Series: The Duty to Defend, The ALI Adviser
  • Insurance for Product Recall Expenses, American Bar Association, Section of Litigation
  • My Insurance Company Is Bankrupt, But Is Reinsured. Can I Make A Claim Directly Against The Reinsurer?, Insurance Coverage Law Report
  • Assessing USF&G’s ‘Objective Reasonableness’ Standard: An Alternative View, AIDA Reinsurance and Insurance Arbitration Society (ARIAS)
  • Arbitration Of Insurance Disputes: Functus Officio and The Clarification Exception
  • To Incorporate or Not to Incorporate? That is the Captive Cell Question, Business Law Today
  • A Farewell to Bellefonte, ARIAS Quarterly
  • On the Record: The Importance of Issue Preservation Throughout Litigation, Virginia Lawyer Magazine
  • Outside Counsel Statements and the Party Exception to Hearsay, ABA Litigation - Pretrial Practice & Discovery
  • Representations and Warranties Insurance Claims & COVID-19, Insurance Coverage Law Center
  • Start-Up Corner: Buying Certainty in an Uncertain World Through Litigation Risk Insurance, The Journal of Robotics, Artificial Intelligence & Law
  • New York High Court Accepts 2nd Circuit’s Certified Question on Important Reinsurance Limits Issue, Westlaw Journal Insurance Coverage
  • Structure, Benefits, and Potential Pitfalls of Captive Insurance, Insurance Coverage Law Center
  • Court Refuses to Dismiss Claims in RWI Lawsuit, Business Law Today
  • “Insurance Law in the District of Columbia,” The District of Columbia Practice Manual 2018 Update
  • The Myth of Bellefonte No More, Mealey's Litigation Report: Reinsurance
  • “Insurance Law in the District of Columbia,” The District of Columbia Practice Manual 2020 Update
  • NY Cedents Enjoy More Protection And Authority, Insurance Law360
  • Representation and Warranty Insurance and the Collateral Source Rule, Insurance Coverage Law Center
  • When Does a Claim Become a “Claim”? A Lesson on Timely Notice, My Construction Expert
  • Court Resolves Reinsurance Limits Dispute Based on Contract’s Unique Terms, Law360
  • Practice notes: Insurance coverage for FIFA-related kickback investigations, FCPABlog.com
  • Year in Review Insurance Developments in 2014, Law360
  • Bellefonte: The Tide Continues to Turn, Westlaw Journal Insurance Coverage
  • The USF&G (Western MacArthur) Case: Key Takeaways, Westlaw Journal Insurance Coverage
  • Understanding Coverage Options for Cyber Threats, ABA Banking Journal
  • Blockchain: Tapping Its Potential and Insuring Against Its Risks, ABA Business Law Today
  • A Deeper Dive into the Test Case Decision by the English High Court - An analysis of the Test Case, including potential impacts of the ruling, ongoing negotiations, and potential appeal, Law.com
  • If Information Is Available Online and No One Accesses It, Was It a “Publication” for the Purpose of Insurance Coverage for Cybersecurity Loss?, Bloomberg BNA Privacy and Security Law Report
  • Representations & Warranties Insurance and Privilege, FC&S Legal
  • How Many Corners in a Complaint? Carving Out Exceptions to the Four Corners Rule, American Bar Association
  • Security Alert: So You Think You Are Fully Insured? Think About Cyber Breaches And Then Think Again
  • Courts Continue To Assess Insurance Policies’ Unique Terms, Law360
  • Cos. In FIFA-Related Investigations Should Check Insurance, Law360
  • Bloomberg Law Practice Suite – Cyber Insurance, Bloomberg BNA
  • Policy Provisions Bolster State Biz Interruption Laws, Law360
  • The Duty to Settle and Its Variations, Insurance Coverage Litigation Newsletter, ABA Section of Litigation
  • Mass. Dispute Highlights R&W Insurance Considerations, Law360
  • Mass. Dispute Highlights R&W Insurance Considerations, Law360
  • Does Your Law Firm Have Insurance Coverage for Cyber-Related Risks? tyl, Young Lawyers Division, American Bar Association
  • Representations and Warranties Insurance: Fundamentals, Practical Guidance
  • Novolex Case Brings Lessons On R&W Insurance, Law360
  • 3 Unexpected Risks Covered By Homeowners Insurance, Law360

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