Denver, CO
Litigation Lawyer at Denver, CO
Practice Areas: Litigation, Appeals ... +2 more
OUTCOME: Colorado Supreme Court denied certiorari, letting stand Court of Appeals' opinion that Defendant owed a duty of care to Plaintiff, and remanding case for trial as trial court had erroneously dismissed case .
Plaintiff Voss sustained a traumatic brain injury after being struck on the head by a steel beam.
OUTCOME: Confidential settlements with the Plaintiff's first-party property carrier and the first contracting company defendant. Judgment in the amount of $1,044,005, including interest, was entered against the second contracting company defendant .
Beneficial Living Systems, Inc. a skilled nursing facility on the eastern plains in Limon, Colorado, and the owner of several other facilities throughout the state, was victimized by the release of asb ... estos and associated demolition activities, resulting in total loss of the facility. The work was performed by two contractors, neither of whom possessed the required asbestos certification from Colorado. Plaintiff sought recovery against its first-party property insurance company, as well as damages from the two contracting companies.
OUTCOME: Confidential Settlement
Suit brought by religious organization against insurance companies for failing to pay policy benefits arising from a series of 24 lawsuits filed by alleged victims of clergy misconduct.
OUTCOME: Policy buyout and coverage replacement
Coverage dispute with AIG over manuscriptred policy covering environmental damages for multi-national mining company.
OUTCOME: Settlement
Plaintiff claimed negligence in the hiring, training and supervision of its employees resulting in injuries, damages and losses. Defendant denied liability and disputed the nature and extent of the cl ... aimed damages.
OUTCOME: Administrative Appeal of Radiation Exposure Denial
Mr. Brady has been active at several extreme exposure sites, including the Rocky Flats (CO), Fernald (OH) and Savannah River (SC) former nuclear weapons facilities,. He won a major appellate victory fo ... r former nuclear energy workers diagnosed with cancer, whose claims had been denied under the Energy Employees Occupational Illness Compensation Program Act ("EEOICPA"). Active and on-going involvement in the defenseof Superfund potentially responsible parties ("PRPs") includes the Lowry Landfill Superfund Site (Denver), the Heartland of America Superfund Site (Omaha), the Stead Solvent Site (Reno), F. E. Warren Air Force Base (Wyoming), several mining sites in the western United States and New Zealand, and assistance with compliance issues at the Rocky Flats Former Nuclear Weapons Facility Superfund Site(Golden). Mr. Brady also assisted on insurance coverage issues and assumed responsibility for settlement discussions in the Redfield Rifle Scopes litigation in Denver, a class action suit involving the largest release of toxic gas/chlorinated solvents in our nation's history.
OUTCOME: Multiple Confidential Settlements
Crum and Forster Insurance Group brought suit through member companies seeking to avoid the duty to defend the Marianists and to avoid indemnifying the Marianists and the Bishop under comprehensive gen ... eral liability (CGL) policies of insurance issued in the late 1960s and early 1970s. 24 Plaintiffs in an underlying state court suit alleged sexual assault and misconduct by a member of the Marianist Order during these time periods. As a result of a global settlement reached with the 24 plaintiffs, confidential settlements were entered into between the member companies in the coverage suit, as well as other CGL insurance companies issuing policies to the Marianists,
OUTCOME: Proceedings on Remand: Confidential Settlement
New Zealand landslide resulted in the contamination of the Waitukuri River, the main drinking water supply serving the North Island's Coromandel Peninsula, from toxic mining tailings, resulting in a ... $50,000,000+ cleanup and remediation of environmenattal damages. Numerous foreign and domestic insurers reached a series of confidential settlements of their coverages for property damage under comprehensive/commercial general liabilty ("CGL") insurance policies.
OUTCOME: Settlements with Multiple Insurers at Stead AFB
The former Stead Air Force Base was the subject of extensive environmental damage claims brought by various private parties and governmental entities, including the Nevada Department of Environmental ... Protection, and the State of Nevada., among others. Mr. Brady reconstructed insurance coverage over approximately a 30 year period. He represented 9 separate Lear (Learjet) entities and the City of Reno, Nevada in securing multi-million dollar settlements from multiple insurance companies issuing comprehensive/commercial general Liability (CGL)insurance policies, even though many of the policies were lost or missing.
OUTCOME: Cities won coverage for multi-million dollar environmental damages
The decision established the obligation of insurers to prove that policyholders in Colorado expected or intended environmental damages to occur, as a prerequiste to avoiding their insurance coverage ob ... ligations under comprehensive/commercial general liability ("CGL") policies, despite the presence of a policy exclusion for pollution/contamination. The case also holds that potentially responsible party ("PRP") notice letters issued by EPA under the Superfund law ("CERCLA") are the functional equivalent of a formally filed and served lawsuit, thereby triggering the CGL insurance company's duty to defend the policyholder, and that cleanup costs are damages within the meaning of the property damage sections of the policies.
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