OUTCOME: Full coverage for business email compromise losses.
This was one of the earliest cases (at the district court level) analyzing crime insurance coverage for losses due to a business email compromise and wire fraud. The Northern District of Georgia ruled... that the crime insurance policy's funds transfer fraud coverage applied, and the Court of Appeals for the Eleventh Circuit, after oral argument, affirmed.
Lawsuits and disputes
Jambon v. Northrop Grumman Ship Systems, Inc.
Oct 24, 2008
OUTCOME: Appellate victories
The Louisiana Court of Appeal, Fourth Circuit, reversed two trial court orders requiring production of decades of insurance documents from General Motors Corporation and Detroit Diesel Corporation. Pl...aintiffs sought a writ before the Louisiana Supreme Court, which the Supreme Court denied.
Lawsuits and disputes
Continental Casualty Co. v. Employers Insurance Co. of Wausau
May 08, 2007
OUTCOME: Complete victory for ~20,000 claimants.
In Continental Casualty Co. v. Employers Insurance Co. of Wausau, Mr. Godes received a decisive victory as co-lead counsel. The case was a landmark four-month asbestos-related insurance coverage class ...action trial. In that case, CNA sued other insurance companies and a class of ~20,000 people with asbestos claims against the former Robert A. Keasbey Company. CNA asserted that it and other insurers had paid out their full policy limits - approximately $100,000,000 - for all asbestos-related claims, and therefore, CNA owed no additional coverage. Mr. Godes asserted on behalf of his clients that CNA and the other insurers owed significantly more coverage, up to $10,700,000 per claim, without an aggregate limit. The Supreme Court of New York explained that the insurers had admitted that the case was worth over $250,000,000, and then agreed with Mr. Godes' position, and disagreed with the insurance companies. The court ruled decisively against the primary and “wrap up†insurers, finding that there was premises/operations (“non-productsâ€) coverage for the claims under the policies. That case was the first asbestos non-products coverage case resolved favorably against the insurers after a full trial on the merits. The case also favorably resolved a number of other critical issues, including notice, number of occurrences, and the statute of limitations.
Lawsuits and disputes
Matter of Omniplex World Services Corporation
Sep 22, 1999
OUTCOME: Denial of government contract bid protest.
Mr. Godes represented Securiguard, Inc., the winning bidder in a government contract. Omniplex protested the award, seeking to overturn it, in a bid protest before the General Accounting Office. Repres...enting Securiguard as an intervenor, Mr. Godes helped to defeat the protest and maintain the multi-million dollar contract award for Securiguard.
Lawsuits and disputes
Continental Casualty Co. v. Employers Insurance Co. of Wausau
N/A
OUTCOME: Complete victory for class of ~20,000 defendants.
Mr. Godes received a decisive victory as lead counsel in a landmark four-month asbestos-related insurance coverage class action trial. In that case, the policyholder’s insurance companies asserted th...at they had paid out their aggregate limits - approximately $100,000,000 - for all of the policyholder’s asbestos-related claims, and therefore, owed no additional coverage. The Supreme Court of New York disagreed with the insurance companies, ruling decisively against the primary and “wrap up†insurers. Justice Richard Braun, noting that the insurance companies admitted the case was worth $250,000,000 or more, found that there was premises/operations (“non-productsâ€) coverage for the claims under the policies. That case was the first asbestos non-products coverage case resolved favorably against the insurers after a full trial on the merits. The case also favorably resolved a number of other critical issues, including notice, number of occurrences, and the statute of limitations. Overall, the decision was a complete victory for Mr. Godes' clients, with insurance coverage available for their asbestos claims.
Lawsuits and disputes
J T Thorpe Co., et. al., v. Texas Property and Casualty Ins. Guaranty Assoc., et. al., No. 98-14361
N/A
OUTCOME: Obtained over $300MM for policyholder.
In this case, Mr. Godes was part of a team of attorneys representing J T Thorpe Co., a small Texas based insulation contractor and distributor facing thousands of asbestos claims. Mr. Godes and his col...leagues successfully shepherded J T Thorpe through a Chapter 11 bankruptcy, with Section 524(g) protection, and recovered over $300 million in insurance proceeds for J T Thorpe from its insurers through settlements. Mr. Godes and his colleagues had argued that many of the claims against the policyholder were premises/operations claims that were not subject to aggregate limits.
Lawsuits and disputes
J T Thorpe Company v. American Motorists Insurance Company
N/A
OUTCOME: Case was remanded to state court.
In a complex insurance coverage action, my clients filed their action for declaratory judgment and breach of contract in state court. When my client filed for bankruptcy, the insurance companies remove...d the case to federal court. My colleagues and I were successful in having the case remanded to state court.
Lawsuits and disputes
Gemstar-TV Guide International, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA
N/A
OUTCOME:
In this multi-million dollar directors and officers insurance coverage case, Mr. Godes was part of the team that wrote dozens of briefs, under extremely tight deadlines, to obtain favorable rulings for... the client. Mr. Godes wrote several briefs and supervised a team of junior lawyers as part of the successful pre-trial efforts.
Lawsuits and disputes
Adolph Coors Co. and Coors Brewing Company v. Truck Insurance Exchange
N/A
OUTCOME: Case is pending
In a multi-million dollar insurance coverage case pending before the District of Columbia Court of Appeals, Mr. Godes and his colleagues drafted the appellate briefs regarding the insurance company's d...uty to defend several class action lawsuits.
Lawsuits and disputes
General Motors Corporation v. Royal & SunAlliance Insurance Group, PLLC
N/A
OUTCOME: Successful appeal finding duty to defend
In this case disputing hundreds of millions of dollars in insurance coverage for latent injury claims (including, but not limited to, asbestos, environmental property damage, and potentially global war...ming claims), Mr. Godes and his colleagues were successful on appeal in obtaining a ruling that GM's insurance company has a duty to defend latent injury claims under nearly twenty years of comprehensive liability insurance policies.
