Chuck has extensive experience advising insurance carriers on a wide variety of coverage issues and representing them in coverage litigation, both at the trial and appellate court levels throughout the country. He most frequently deals with mass tort, asbestos, environmental and general liability claims, bad faith suits, and punitive damages issues and is the former co-chair of Ross, Dixon & Bell's General Liability Practice Group. He has been chosen to serve as National Coordinating Counsel for insurers handling mass tort (for example, tainted blood products and Chinese drywall) and asbestos claims and to fill in for several months as head of one client's Strategic Claims unit. In addition to insurance coverage matters, Chuck is the lead partner in the firm's anti-piracy work for the Business Software Alliance. He also has handled antitrust, intellectual property, attorney malpractice, Nuclear Regulatory Commission, and other commercial litigation matters.
Chuck has appeared in numerous state and federal trial courts. He also has worked on over a hundred appeals, has briefed and argued cases in every federal court of appeals and numerous state supreme and appellate courts, and has worked on scores of United States Supreme Court cases.
Representative Experience
Briefed and argued to the New Mexico Supreme Court the meaning of "sudden" in the qualified pollution exclusion.
Won dismissals in all 80 cases filed in Ohio and 23 in Texas seeking to hold the insurance industry directly liable for conspiracy and negligence in connection with thousands of asbestos injuries. Successfully argued appeal of the lead case in Ohio on behalf of a group of 50 insurers.
Persuaded the Texas Supreme Court to institute a wholesale reform of the standards and procedures by which Texas awards punitive damages and won reversal of a seven-figure insurance bad faith judgment.
Obtained summary judgment of no insurance coverage for more than $100 Million of contaminated blood claims. After convincing the California Supreme Court to review the appellate court's reversal of that judgment, settled the case on extremely favorable terms for the insurer.
Successfully opposed motion for TRO and preliminary injuction that allowed insurer to cut off payment of defense costs under a pollution liability policy.
As co-lead counsel, secured summary judgment in federal court in Nevada in favor of the carrier under a trustees' liability insurance policy, which was ultimately affirmed by the Ninth Circuit.
Developed and argued a novel theory based on a defective assertion of the Fifth Amendment that resulted in judgment on the pleadings in federal court in Virginia in a case rescinding $60 Million worth of insurance coverage, and successfully argued the appeal to the Fourth Circuit.
Preserved arbitration ruling in favor of attorney sued for malpractice by winning affirmance in the D.C. Court of Appeals.
Was co-lead counsel responsible for obtaining reversal of multimillion punitive damages and bad faith judgment on appeal that went all the way to the Texas Supreme Court.
In two separate federal court cases, represented the manufacturer of electron microscopes that were damaged in shipping and obtained the largest settlement that the client had ever received in similar cases.
In an action seeking coverage for silica claims against dozens of insurance companies, was one of two counsel to argue for stay of the case pending resolution in another jurisdiction, and successfully argued to keep the competing claim in that other jurisdiction.
Was part of a team that won a multi-month trial by proving the existence of collusion to defeat a claim for coverage of over $500 Million in asbestos claims.
Twice won a motion to dismiss a fraudulent claim for coverage in federal court in California and succeeded in getting the Ninth Circuit to uphold the dismissal on appeal.
Successfully persuaded a policy holder to drop two demands for coverage for $70 Million and $30 Million claims that the insured had defectively designed nuclear steam supply systems, without any payment to the insurer.
Successfully negotiated literally scores of favorable settlements of very substantial asbestos, pollution, mass tort and other insurance coverage claims.
Presentations and Speaking Engagements
"What Employers Are Looking For? Interviewing Do's and Don't's." University of Virginia School of Law (annually since 2000).
Publications
"Transportation Insurance Company v. Moriel: Texas Restricts Grounds for Punitive Damages," Coverage, Vol. 4, No. 2 (March/April 1994).
Contributing author, Occupational Safety and Health Law (Stephen A. Bokhat & Horace A. Thompson, III, eds. 1988).
Work Experience
Partner, Troutman Sanders LLP, 2009 - present
Partner, Ross, Dixon & Bell, LLP, 1992 - 2008
Of Counsel, Ross, Dixon & Bell, LLP, 1990 - 1991
Deputy Associate Solicitor for Special Appellate and Supreme Court Litigation, U.S. Department of Labor, 1988 - 1990
Associate, Ross, Dixon & Bell, LLP, 1984 - 1988
Counsel, Appellate Litigation, U.S. Department of Labor, 1983 - 1984
Assistant Counsel, Appellate Litigation, Department of Labor, 1980 - 1983
Attorney, Department of Labor, 1975 - 1980
Memberships
· American Bar Association