Thomas S. Schaufelberger

Thomas S. Schaufelberger

Partner

Contact Info

Phone: (202) 295-6609
Fax: (202) 295-6709

Primary Office

Washington
1919 Pennsylvania Avenue, N.W.
Suite 550
Washington, DC 20006-3434

Thomas S. Schaufelberger

Partner

Thomas S. Schaufelberger

Tom Schaufelberger is a commercial litigator with 40 years of experience handling complex insurance coverage disputes in  in state and federal courts throughout the country. His representations include matters involving insurance coverage and bad-faith issues arising primarily out of professional, directors and officers and general liability insurance policies. Tom has an active appellate practice. He has also acted as an expert witness and panel arbitrator in insurance coverage disputes. Additionally, he regularly represents businesses and professionals in commercial litigation and professional liability disputes.

Tom is admitted to practice before the U.S. Supreme Court, the U.S. District Courts for the District of Columbia, Eastern District of Virginia, District of Arizona, District of Maryland, and District of Michigan. He also is admitted to practice before the U.S. Courts of Appeals for the First, Third, Fourth, Sixth, and District of Columbia Circuits.

Tom brings a business sensibility to his legal work based in part on his past experience in management roles for the Firm, including serving on the Executive Committee and as vice chair of the Litigation Department and the Insurance Practice Group. 

Experience

  • Murray v. Greenwich Insurance Company, 533 F. 3d 644 (8th Cir.). Reversed District Court and ruled in favor of professional liability insurer, on defense and indemnity, based upon a misuse-of-funds exclusion. Court found "arising out of" language of exclusion sufficient to bar coverage for all counts of complaint irrespective of theories pled.
  • Swafford Settlement Services, Inc. v. Title Industry Assurance Co., No. 07-0094-KD-C (S.D. Ala.). 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.
  • French v. Assurance Co. of Am., 448 F.3d 693 (4th Cir.). Fourth Circuit held that despite the fact defective exterior cladding was installed by a subcontractor of insured, insurer would not owe coverage for the cost of replacing the cladding itself.
  • St. Paul Fire & Marine Ins. Co. v. Am Int'l. Specialty Lines Ins. Co., 365 F.3d. 363 (4th Cir.). In a case of first impression 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.
  • Air Line Pilots Assn v. Twin City Fire Ins. Co., 803 A.2d. 1001 (D.C. App). Judgment awarded to insurer based on finding that personal injury coverage for "discrimination or humiliation" is not applicable to emotional distress claims.
  • Hyde v. Fid. & Deposit Co. of Md., 23 F.Supp. 2d 728 (Md.). 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.
  • Del Paint Corp. v. Verlan Ltd., No. Civ. 94-82-A (W.D. Okla.). Judgment on behalf of insurer regarding coverage for CERCLA claim involving the Hardage and Mosely Road landfills in Oklahoma City. Judgment awarded on basis that a "sudden or accidental" pollution exclusion barred coverage as a matter of law.
  • Schneider v. Continental Cas. Co., 989 F.2d 728 (4th Cir.). Reversing trial court, panel held that coverage under an architects and engineers professional liability policy was barred by an asbestos exclusion. Insured had initially also sought recovery under bad faith and antitrust theories.
  • First Savings Bank, FSB v. American Casualty Co. of Reading, Pa., No. 92-1320, 1993 U.S. App. LEXIS 2049 (4th Cir.). Affirming jury verdict, the panel ruled in favor of bonding company on the ground that bank failed to timely provide notice of loss under financial institution bond.
  • Finci v. American Cas. Co. of Reading, Pa., 323 Md. 358, 593 A.2d 1069. 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.

Thought Leadership

No results.

No results.

No results.

No results.

Speaking Engagement
April 1, 2012
2nd Annual IIUSA EB-5 Investment & Economic Development Forum

No results.

Credentials and Accolades

Memberships and Affiliations

Member, District of Columbia Bar Association

Member, Virginia State Bar Association

Board of Directors, SEEC, 2008 to present

Member, Professional Liability Underwriting Society, 1992 to present

Education

J.D., Georgetown University Law Center, 1981, cum laude

B.S., Virginia Polytechnic Institute & State University, 1977

Bar Admissions

District of Columbia
Virginia

Tom Schaufelberger is a commercial litigator with 40 years of experience handling complex insurance coverage disputes in  in state and federal courts throughout the country. His representations include matters involving insurance coverage and bad-faith issues arising primarily out of professional, directors and officers and general liability insurance policies. Tom has an active appellate practice. He has also acted as an expert witness and panel arbitrator in insurance coverage disputes. Additionally, he regularly represents businesses and professionals in commercial litigation and professional liability disputes.

Tom is admitted to practice before the U.S. Supreme Court, the U.S. District Courts for the District of Columbia, Eastern District of Virginia, District of Arizona, District of Maryland, and District of Michigan. He also is admitted to practice before the U.S. Courts of Appeals for the First, Third, Fourth, Sixth, and District of Columbia Circuits.

Tom brings a business sensibility to his legal work based in part on his past experience in management roles for the Firm, including serving on the Executive Committee and as vice chair of the Litigation Department and the Insurance Practice Group.