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Practice Areas
- Appellate Advocacy
- Complex Litigation
- Construction
- Environmental
- Insurance Coverage
- Reinsurance
- Subrogation
Education
- William Mitchell College of Law, J.D., 1987
- Montana State University, BA, 1982
Bar and Court Admissions
- State Court: Minnesota
- U.S. Circuit Court of Appeals: Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits
- U.S. District Court: District of Minnesota, Eastern District of Wisconsin, Northern District of Illinois, Northern District of California, Eastern and Western Districts of Arkansas, District of Colorado, and Eastern District of Michigan
Thomas B. Caswell, III
Tom’s litigation experience includes the successful representation of clients in numerous trials, arbitrations, and appeals of complex insurance and reinsurance disputes, as well as construction liability, product defect and commercial/industrial subrogation matters. Tom has represented clients in matters venued in the state and federal courts for well over half the United States, as well as several international matters arising under local and master policies. While having insurance coverage experience across a wide range of policy types, Tom has significant experience advising and representing carriers on first party property and liability coverages, bad faith claims, plus time element, boiler & machinery and DIC forms. Tom has also been successful in pursuit of substantial recoveries on behalf of both carriers and policy holders seeking to recoup losses arising out of fires, explosions and mechanical failures in power plants, refineries, hotels, colleges, foundries and large manufacturing facilities.
Representative Matters
- Lead counsel in several precedent setting matters including Regents of the University of Minnesota v. Chief Industries, 106 F.3d 1409 (8th cir. 1997) and Weyerhaeuser Co. v. Thermogas Co., 620 NW2d 819 (Iowa 2000).
- George's Inc. v. Allianz Global Risks US Insurance Company, 596 F.3d 989 (8th Cir. (W.D. Ark.) 2010) (extra expense coverage under property policy must result from actual increased expenditure, and not merely increase in cost allocation).
- Sonstegard Foods Co. v. Wellington Underwriting, Inc., 2007 WL 2908129 (D. Minn. 2007) (time element measurement dispute).
- Kaleb Lindquist Am. Legion Post v. Lake of the Woods Agency et al., 2005 WL 525699 (Minn. App. 2005) (losses resulting from the flooding of the Roseau River).
- Allianz Ins. Co. et al. v. Lexington Ins. Co. et al., 179 SW3d 478 (Mo. App. E.D. 2005) (number of occurrences).
- Mies Equipment, Inc. v. NCI Building Systems, 167 F. Supp. 2d 1077 (D. Minn. 2001) (breach of contract, fraudulent misrepresentation and negligent performance claims arising out of building sale and construction).
- Concordia College Corp. v. W.R. Grace et al., 999 F.2d 326 (8th cir. 1993) (asbestos in buildings, statute of limitations).
- Litigation counsel on numerous claims arising out of hurricanes Katrina, Rita and Wilma, including those involving casinos, oil production and supply, and airline losses.
Articles & Presentations
"An Increase In A Manufacturing Insured’s Per Unit Allocation Of Fixed Costs Does Not Constitute A Covered Extra Expense," TIPS Property Insurance Law Committee Newsletter, Fall 2010, author
"Excess Scheduled Limit of Liability Endorsement Precludes Recovery From a Follow Form Excess Property Insurer Despite Primary Insurer's Payment on a Blanket Basis," Excess, Surplus Lines and Reinsurance ABA Committee Newsletter, Spring 2010, author
Professional Affiliations
- American Bar Association; Sections on Litigation; Excess, Surplus Lines, Reinsurance
- Minnesota State Bar Association
- Hennepin County Bar Association
