Catherine Serafin is a Partner in Howrey's Insurance Recovery practice group and has extensive experience resolving complex insurance disputes on behalf of policyholders. She has obtained tens of millions of dollars in insurance recovery through settlements as well as bench and jury trials. Her cases have involved coverage for securities, product liability and environmental claims; business interruption losses; defamation; and construction defect claims. Ms. Serafin's experience ranges across many types of policyholders, including large corporations, municipalities, and individual company officers, as well as many different policy types, including commercial liability, directors and officers, errors and omissions and first party property policies. Her insurance recovery work has been in a variety of settings, from mediation to arbitration to trial. Ms. Serafin has trial experience in both state and federal courts on behalf of Fortune 100 companies and governmental policyholders. Ms. Serafin has lectured and written extensively on insurance issues and alternative dispute resolution mechanisms. She has authored or co-authored numerous articles and been a frequent lecturer at programs sponsored by The Practicing Law Institute, The Risk and Insurance Management Society, Federal Publications and the American Bar Association, among others. She also has appeared on Court TV in an educational program regarding litigating insurance disputes. "Howrey has a deep and talented litigation bench, especially in insurance recovery matters. This is a significant advantage in complex cases involving myriad contract issues."
Representative Highlights
· Goodrich Corporation. Represented Goodrich Corporation against more than 30 insurance companies in an environmental-related insurance dispute regarding tens of millions of dollars in liabilities. Served as lead counsel in mediation with carriers. First chair trial responsibilities in trial against remaining carriers resulting in $42 million verdict (plus attorneys' fees and future costs). The decision was affirmed on appeal.
· Sun-Times Media Group. Represented a media company and individual officers and directors in an action regarding coverage for securities claims. Obtained a favorable forum decision and a decision requiring the insurers to advance defense costs.
· New Castle County, Delaware. Represented, from the pre-complaint stage through trial and appeals process, of New Castle County, Delaware, in an action against two dozen insurance companies regarding coverage for environmental liabilities at the #2 and #9 NPL sites. Successfully negotiated multimillion-dollar settlements with most carriers and obtained a favorable trial verdict against the remaining carrier.
· Confidential Client. Served as lead counsel in a warehouse theft case involving aircraft "black boxes" for a major aerospace company. Confidential arbitration led to settlements on terms favorable to the client.
· Compucare, Inc. Acted as lead counsel in an insurance action for a healthcare software provider with allegedly defective products. After obtaining favorable rulings on key issues, negotiated settlement of the entire case on terms favorable to the client.
· Ryland Homes. Represented a national new home builder in disputes with general liability carriers regarding alleged construction defects. Multimillion-dollar settlements were obtained prior to initiation of litigation.
· Liggett Group, Inc. Represented Liggett Group, Inc. in insurance claims for product liability and advertising injury.
· Confidential Clients. Represented various municipalities and a foreign mining company in disputes with general liability carriers regarding environmental liabilities and property losses.
· Combined Properties. Represented a national property management company against insurance companies in disputes regarding employment-related harassment and defamation claims.
· Confidential Clients. Representation of major financial institution and several Fortune 100 companies in business interruption claims arising out of Year 2000 issues and the terrorist attacks of September 11, 2001. Professional Affiliations
· American Bar Association, Section on Litigation, Co-Chair of the D&O Subcommittee of the Insurance Coverage Litigation Committee (2007-2009; 2009-2011)
· King's College, Board of Directors, Elected 2009
Publications & Speaking Engagements
Articles
"Delaware Court Keeps D&O Case, Orders Carriers To Immediately Advance Defense Costs." Risk (Winter 2007). Co-authored with Andrew M. Reidy. "Is Insurance The Silver Lining For Stock Option Claims?" Securities Law 360 (August 11, 2006). Co-authored with Andrew M. Reidy. "When The Insurance Coverage Case Goes To Trial: Top 10 Jury Trial Pointers." Lorman Legal Update Newsletter (June 2006). "Sparking More Interest in Insurance Coverage for Welding Rod Litigation." Mealey's Welding Rod Litigation Conference (April 2006). Co-authored with Mary Craig Calkins. "Timing is Everything: Look to your D&O Coverage Now if Facing Allegations of Improper Option Grants." Risk, 3rd Quarter (2006). Co-authored with Andrew M. Reidy. "Preparing for Welding Rod Coverage Claims: Establishing an 'Occurrence' and the Inapplicability of the 'Absolute' Pollution Exclusion." Litigation Watch: Welding Rods (April 2005). "Insurance Coverage for Welding Rod Claims: Establishing an 'Occurrence,' Avoiding Exclusions, and Other Policyholder Concerns." Mealey's (March 2005). Co-authored with Mary Craig Calkins. "Preparing for Welding Rod Coverage Claims." Risk (Fall 2004). "Unilateral' Rescission? Not So Fast." Risk (Summer 2004). "The Defense Must Go On: An Insurance Company's Rescission Defense Does Not Pre-empt Its Obligation To Defend Its Insured." The Insurance Coverage Law Bulletin 3, No. 4 (May 2004).
Speeches "Cutting the Gordian Knot: Settling Complex D&O Claims." ABA Insurance Coverage Litigation Committee, Tucson, Arizona (March 2009). "What's New in Patent, Trademark, and Insurance Coverage Law." Washington Metropolitan Area Corporate Counsel Association, (April 17, 2008). "What's New in D&O Claims and Coverages." Howrey and Marsh, Washington DC (March 27, 2008). Presented with Andrew M. Reidy . "Insurance as a Climate Change Risk Management Tool." American Conference Institute's Advanced Forum on Preparing for Climate Change Liability, New Orleans, LA (November 2007). "D&O Insurance: Placing a Premium on Good Corporate Governance." ABA TIPS conference Beyond Legal: A Business Approach to Corporate Governance, New York, NY (May 2007). "Environmental Litigation: New Concerns and Maximizing Recovery." Harris Martin's Mass Torts: Litigating, Settling and Insuring, Las Vegas, Nevada (April 2006). "Successor Liability: Why Merger and Acquisition 'Marriages' Require Insurance, Due Dilligence and Clear Prenuptial Agreements." ABA's Insurance Coverage Litigation Committee, Tucson, Arizona (March 2006). "Explaining Directors and Officers Insurance." University of Connecticut School of Law, Hartford, Connecticut (February 2006). "Is Environmental Insurance Dead?" ABA's Insurance Coverage Litigation Committee, Tucson, Arizona (March 2005). "Issues in Errors and Omissions Insurance Coverage." University of Connecticut School of Law, Hartford, Connecticut (April 2004). "What's New in D&O Insurance." Potomac RIMS Chapter, Washington, DC (March 2004).