Appellate Advocacy

Zelle Hofmann attorneys have successfully litigated scores of appeals resulting in many important appellate decisions on fundamental issues of insurance law. These include the following:

• Applicability of suit limitation provisions in property policies.
  
• Whether the costs incurred for asbestos abatement/removal are insurable under a property policy.
  
• Whether an EPA letter constitutes a suit.
  
• Whether the sudden and accidental pollution exclusion bars claims for gradual pollution.
  
• Whether the owned property exclusion bars coverage for pollution.
  
• Whether governmental agency response costs are damages.
  
• Whether environmental claims are covered under personal injury coverage.
  
• Whether patent, copyright, and trademark claims are covered under advertising injury coverage.
  
• Whether late notice bars coverage.
  
• Whether voluntary payments are covered.
  
• Whether pre-tender defense costs are covered.
  
• Whether a transaction constitutes a merger or an acquisition in the D&O context.
  
• Whether third parties may recover for "bad faith" under med pay provisions.
  
• The rights and responsibilities of outside consultants representing property insurance claimants.
  
• Defense and indemnity allocation issues between insurers.

For questions related to our appellate advocacy practice, please feel free to contact the following attorneys: Catherine Colinvaux, Thomas Cook, Mark Feinberg, Rolf Gilbertson, Jerry McElroy, Christopher Micheletti, Patricia St. Peter, or Richard Voelbel.