Insurance Coverage and Insurance Defense
Mr. Metcalf has expertise in defending insureds and self-insureds in all manner of tort-related matters, including professional liability claims (such as attorney, accountant, and broker), construction defects, industrial accidents, product liability, premises liability, dram shop claims, and environmental claims.
Mr. Metcalf's Representative Cases and Experience:
- Defended law firm and individual lawyers against malpractice claims arising out of failed commercial transaction with clients. Result: summary judgment for all clients upheld on appeal.
- Represented London insurer in action involving claims for conversion, breach of contract, and breach of agency agreement. Multi-week deposition program in London. Result: multi-million dollar settlement for client.
- Defended forty-five foreign insurers in insurance coverage, antitrust, and bad faith action involving claims by an Australian conglomerate for coverage of $1 billion in asbestos liabilities. Four multi-week deposition programs in Australia and London. Extensive dispositive motion practice and pretrial preparation. Result: favorable settlement for clients.
- Represented insurer in significant asbestos coverage litigation involving simultaneous actions in state court and bankruptcy court.
- Represented London insurers in $40 million reinsurance dispute arising out of film financing agreements including affirmance of motion to dismiss before Second Circuit. Result: dismissal of action against clients.
- Represented multiple insurers in hundreds of wide-ranging insurance disputes involving environmental, professional liability, general liability, E&O, D&O, additional insured, bad faith and advertising injury claims.
