Thomas S. Schaufelberger

General

• Serving as national coverage counsel for professional liability insurers
• Serving as national coordinating counsel for environmental coverage litigation
• Serving as national mediation counsel for professional liability in construction design industry

Insurance Litigation Matters

• Representing a client in a judgment for settlement services professional liability insurer as to several RESPA-based class action lawsuits. Untimely reporting and a failure to describe overcharging practices on various renewal applications found to bar coverage.
• Representing an insurance company in a matter in which the Fourth Circuit held that the insurer would not owe coverage for the cost of replacing the cladding itself.
• Serving as counsel in a case of first impression in which the Fourth Circuit held that an indemnity agreement between insureds would override traditional "other insurance" considerations with respect to dual lines of insurance covering the same parties for the same claim.
• Serving as counsel in a judgment awarded to insurer based on finding that personal injury coverage for "discrimination or humiliation" is not applicable to emotional distress claims.
• Serving as counsel in a judgment for directors and officers liability insurer on a claim by directors for fees incurred in connection with an FDIC investigation of financial institution. Court ruled that absence of a claim or civil legal action barred coverage, as did application of "insured versus insured" exclusion.
• Representing an insurer in a judgment regarding coverage for CERCLA claim involving landfills in Oklahoma City. Judgment awarded on basis that a “sudden or accidental” pollution exclusion barred coverage as a matter of law.
• Representing a casualty company in a matter in which the panel held that coverage under an architects and engineers professional liability policy was barred by an asbestos exclusion, reversing trial court. The insured had initially also sought recovery under bad faith and antitrust theories.
• Representing a bonding company in a matter in which the panel ruled in favor of bonding company on the ground that bank failed to timely provide notice of loss under financial institution bond, affirming jury verdict.
• Serving as counsel in a matter in which Maryland’s highest court became the first appellate court in the country to uphold a regulatory exclusion in a directors and officers liability policy as to claims by federal or state bank regulatory authorities.
• Serving as counsel in one of the first cases to hold that contemporaneous reimbursements of defense costs is not required under a standard directors and officers liability policy.