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Practice Areas
Education
- University of Minnesota Law School, J.D., cum laude, 1973
- University of Minnesota, B.A., 1970
Bar and Court Admissions
- State Court: Minnesota
- U.S. Circuit Court of Appeals: Sixth, Seventh, Eighth, and Ninth Circuits
- U.S. District Court: District of Minnesota, District of Nebraska, Northern District of California, Eastern District of Michigan, and Northern District of Illinois (Trial Bar)
Mark J. Feinberg
Mark is a trial lawyer who has counseled clients and tried lawsuits involving insurance coverage, property insurance subrogation, construction and complex commercial litigation for over 35 years. He has a national practice with significant experience in state and federal courts throughout the country having handled cases in over forty jurisdictions as diverse as Minnesota, Texas, California, Illinois, Nevada, Massachusetts, New York, Alabama, Washington, Nebraska and Louisiana. His insurance coverage experience has involved all manner of both liability and property coverage and measurement disputes including complex accounting and lost profits issues. In the subrogation area he has made numerous multi-million dollar recoveries in cases involving fires, explosions, collapses and similar catastrophic losses. Mark has also been a Qualified Mediation and Arbitration Neutral under Rule 114 of the Minnesota Rules of Practice.
Mark is rated AV Preeminent by Martindale Hubbell and is the former Managing Partner of the firm's Minneapolis office. He was named a "Super Lawyer" for 2011 and 2012 by Minnesota Law & Politics. He was also selected for inclusion in the 2013 edition of The Best Lawyers in America®.
Representative Matters
SR International Business Insurance v. World Trade Center Properties (World Trade Center litigation/appraisal; co-lead counsel for appraisal of $7 Billion claim).
Minnesota School Boards Insurance Trust v. Employers Insurance of Wausau (successful defense verdict in 4 week jury trial of $14 million reinsurance/coverage dispute)
Conagra, Inc v. Arkwright Mutual Insurance Co. (successful resolution of $35 million property insurance coverage dispute).
Seeno Construction v. Twin Cities Insurance and Employers Insurance of Wausau (successful defense verdict in 6 week jury trial of $ 65 million claim for coverage, bad faith and punitive damages under a CGL policy)
In re Commodore Hotel Fire and Explosion (successful defense of multi-million dollar property damage/personal injury case tried to the Court in a 3 month trial)
Simborg v. AXIS Insurance (successful defense of $10 million claim for coverage under an excess property policy)
Western & Clay v. Landmark Ins. Co. (successful resolution of $15 million builders risk claim)
KAAPA Ethanol v. Affiliated FM Ins. Co. (successful resolution after trial and appeal of a $15 million claim for coverage and bad faith under an all-risk property policy)
Subaru of New England v. General Ship Corporation et al (recovery in $9 million subrogation claim for automobiles damaged by stack emissions)
Eller v. NFL Players Association (representation of retired NFL players in class action claims that NFLPA did not validly represent their interests in recent negotiations with NFL)
Dryer v. National Football League (representation of retired NFL players in class action claims for unauthorized use of their likenesses and images)
Cancer Treatment Centers of America v. Midwest Air Traffic Control, et al. (successful recovery of maximum available insurance limits in crash of light plane into hospital)
General Mills v. Zurich Ins Co (recovery in multi-million dollar appraisal of extended period of indemnity business interruption claim)
Factory Mutual Ins Co v. Yamanouchi, Inc (multi-million dollar property insurance coverage and bad faith dispute involving perishables stored in a cold storage warehouse)
MGM Grand Hotel, Las Vegas (insurance litigation over multi-million dollar fire loss)
Articles & Presentations
Reformation in the Context of Property Insurance Policies – or, “We Insured What?” American Bar Association Tort Trial & Insurance Practice Section, Property Insurance Law Committee Annual Spring CLE Meeting, 2008
Recent Developments in Case Law and Underwriting Involving Mold Claims, 2003 PLRB Claims Conference, Presenter
Contingent Business Interruption, Civil Authority, Ingress/Egress and Other Time Element Claims Arising Out of September 11, 2001, the 2004 FDCC/PLRB Program for Senior Property Insurance Claim Handlers/Lawyers, Presenter
Mold Claims: A Growing Concern, the 2002 Loss Executives Association Meeting, Presenter
"Proof of Damages in Fire Cases," Minnesota Institute of Legal Education Seminar, 1999
"The 'Ordinance and Law' Exclusion and the 'Latent Defect' Exclusion," Federation of Insurance and Corporate Counsel Mid-Winter Meeting, 1998
"Property Insurance and Flood Claims," Minnesota State Bar Association, 1997
"A Practical Review of Bad Faith and Other Excess Claims Against Insurers and Recent Subrogation Developments," Professional Education Systems, Author, 1982
"Mental Depression is Not Sickness or Disease Under Terms of Comprehensive General Liability Policy", Vol. 1, Coverage, Casenote, Author
Professional Affiliations
- Minnesota Defense Lawyers Association
- Federation of Defense and Corporate Counsel, Property Insurance Committee (past Chairman), Insurance Coverage Committee, Alternative Dispute Resolution Committee
- American Bar Association, Property Insurance Committee
- Minnesota State Bar Association, Alternative Dispute Resolution Committee
- Hennepin County Bar Association
News
- Zelle Hofmann Attorneys Named in 2013 Edition of The Best Lawyers in America®
- Nebraska Federal Court Rules in Favor of Property Insurer on Unique Issue of Expenses to Mitigate a Loss
- Zelle Hofmann Attorneys Named Among 2012 “Super Lawyers” and “Rising Stars”
- Zelle Hofmann Attorneys Named 2011 "Super Lawyers" and "Rising Stars"
- Northern District of Illinois Prevents Strained Reading of Excess Scheduled Limit of Liability Endorsement
