Craig Stewart has over twenty-five years of jury and jury-waived trial experience in insurance coverage and bad faith litigation as well as in a wide variety of products liability and complex commercial matters. He has successfully defended professional and specialty lines liability carriers against claims of bad faith claims handling, denial of coverage and failure to settle brought by policy holders claiming millions of dollars in actual and punitive damages. He has served on the national trial team and as Massachusetts coordinating counsel for product liability claims of an international medical device manufacturer, and has tried to verdict multiple products liability and general negligence cases. In addition, he is an experienced commercial litigator who has represented corporations in a number of different industries including the defense of pharmaceutical manufacturers against claims of patent infringement and theft of trade secrets. Mr. Stewart is a Vice-Chair of the Insurance Coverage Litigation Committee and the National Trial Academy Committee of the Tort Trial and Insurance Section of the ABA and is an active member of the Defense Research Institute and the Council on Litigation Management. He has been named a "New England Super Lawyer" by Law & Politics magazine in 2009, 2010 and 2011.
Notable Experience
· As National Coordinating Counsel for national multi-line insurer, provides guidance on preventing, handling and defending extra-contractual claims in jurisdictions throughout the United States.
· Defense of national insurers in multiple jurisdictions against claims of bad faith denial of coverage, bad faith settlement practices, and bad faith claims handling in connection with a broad spectrum of policies and coverages including D&O, E&O, CGL, professional liability, financial institutions, property, construction defect, UM/UIM and workers compensation.
· Defense of specialty liquor liability insurer against numerous claims of bad faith denial of coverage, refusal to settle and excess verdict cases.
· Defense of medical malpractice insurers against claims of bad faith refusal to settle arising out of multimillion dollar excess verdicts.
· Defense of national insurer against claims of wrongful denial of coverage and bad faith claims handling; and prosecution of counterclaim for recoupment of amount paid in settlement of underlying claim. Multimillion dollar settlement in favor of insurer and dismissal of complaint.
· Defense of national class action against international manufacturer of radiant heating panels alleging breach of warranty, negligent design, supervision and failure to warn. Class certification denied and all individual claims settled on favorable terms.
· Defense of putative class action against manufacturer of artificial hips alleging breach of contract, breach of warranty, and negligent misrepresentation. Motion to dismiss granted.
· Member, National Trial Team, and Massachusetts counsel for Baxter International and Baxter Healthcare Corporation. Defense of medical device products liability claims.
· Defense of national manufacturer of cooking ranges against claims of breach of warranty and negligent design allegedly resulting in stove explosion causing plaintiff to be burned over 70% of his body. Defense verdict after jury trial.
· Defense of international engineering firm in action alleging defective specification and design of electrical system for new twenty-seven story hotel, arising out of explosion and fire destroying hotel electrical equipment room and resultant claims for multi-million dollar economic loss. Defense verdict after jury trial.
· Defense of international hotel chain against claims of inadequate security by plaintiff seeking punitive damages for brain injury and three month hospitalization arising out of attack. Defense verdict after jury trial.
· Defense of international pharmaceutical corporation in cross-border litigation against claims of unfair competition and misappropriation of trade secrets seeking over $60 million in damages.
· Defense of air to ground missile guidance system component manufacturer against claims of breach of warranty and misrepresentation seeking damages of over $30 million.
Recent Speaking Engagements and Publications
· "Case Study: Texas Mutual Insurance v. Ruttiger," co-author, Law360.com, October 26, 2011.
· "Now You See It, Now You Don't: The Disappearing Attorney-Client and Work Product Privileges in Coverage and Bad Faith Litigation," Moderator, ABA-TIPS ICLC Mid-Winter Meeting, Phoenix, Arizona, February 24-26, 2011.
· ABA Reference Handbook on the CGL Policy, ABA-TIPS ICLC Book, co-author of Chapters 14,"Deductibles and Self-Insured Retentions" and Chapter 16,"Provisions Concerning Coverage Disputes," March/April 2010.
· "Expert Witnesses in Bad Faith Litigation," Panelist, and "Tool Box Luncheon" presentations, Co-Chair, ABA-TIPS ICLC Mid-Winter Meeting, Phoenix, Arizona, February 25-27, 2010.
· "The Bad Faith Trial: Winning Approaches to Implement Into Your Trial Strategies," speaker, American Conference Institutes 20th National Advanced Forum on Bad Faith Litigation, Orlando, Florida, February 18-19, 2010.
· "Contract Workshop: Best Practice Indemnification Provisions," speaker, Panel Presentation, 2009 BIO International Convention, Atlanta Georgia, with Frank Goudsmit, CPCU, Vice President, Chubb, Chris Gegelys, Associate General Counsel, Covance, Inc., and Jill Alvarez, Senior Corporate Counsel, Vertex Pharmaceuticals, Inc., May, 2009.
· "Settling Complex Claims While Avoiding Bad Faith Liability To Everyone," Panel Presentation, Chair, ABA-TIPS ICLC Mid-Winter Meeting in Los Angeles, CA, February 26-28, 2009.
· "Bad Faith Judgments," co-author, informa insurance, in association with Edwards Wildman Palmer, The Review: The US Re/Insurance Recession Survival Guide 2009.
· "Billing Guidelines and Auditors - Are they Ethical? Are They Legal?," presentation, panelist and Program Chair, American Bar Association Annual Meeting, Tort Trial & Insurance Practice Section, New York, New York, August 8-10, 2008.
· "Ten Tips for Trying an Excess Verdict Bad Faith Case," American Bar Association, Insurance Coverage Litigation Committee Newsletter, Summer 2008.
· "For the Defense: Trying an Excess Verdict Bad Faith Case," co-author, Edwards Wildman Palmer Insurance and Reinsurance Update, December 2007.
· "Navigating Ethical Issues in Bad Faith Cases," speaker, American Conference Institutes 16th National Advanced Forum on Bad Faith Litigation, Miami, Florida, November 7-8, 2007.
· "Anatomy of a Bad Faith Trial," speaker, Mealey's Bad Faith Litigation Conference, Philadelphia, Pennsylvania, September 25, 2007.
News & Publications
November 7, 2011, Law360 Publishes Case Study of Key Texas Insurance Ruling by Craig Stewart and Greg Pendleton
October 7, 2010, EAPD Attorneys Selected For Inclusion in Super Lawyers 2010
March 1, 2010, EAPD Attorneys Recognized in 2010 Super Lawyers Corporate Counsel Edition
November 6, 2009, EAPD Attorneys Selected For Inclusion in Super Lawyers 2009
September 2009, Insurance and Reinsurance Review - September 2009
July 7, 2008, Edwards Angell Palmer & Dodge Recognized in the American Lawyer
April 10, 2008, EAPD Represents Takeda Pharmaceutical Company Limited in $8.8 Billion Acquisition of Millennium Pharmaceuticals
December 2007, Insurance and Reinsurance Update - December 2007
Edwards Angell Palmer & Dodge LLP
June 1, 2006, Insurance and Reinsurance Update - June 2006
Edwards Angell Palmer & Dodge LLP
Besides Edwards Wildman
Craig is a Trustee and President of Massachusetts Continuing Legal Education, the primary provider of continuing legal education in the Commonwealth, and serves as a pro bono mediator in Boston's Dorchester District Court. He is an avid hiker and member of the Appalachian Mountain Club.
Memberships
· American Bar Association
· Tort and Insurance Practice Section, Member and Vice-Chair, Insurance Coverage Litigation Committee;
· National Trial Academy and Continuing Legal Education Board
· Section of Litigation, Intellectual Property Committee
· Fellow and Past President, Massachusetts Bar Foundation
· President and Trustee, Massachusetts Continuing Legal Education, Inc.
· Boston Bar Association, Administration of Justice Section
· Massachusetts Bar Association
· Defense Research Institute
· Council on Litigation Management