For over 30 years, David's practice has involved insurance coverage and professional liability defense work. The focus of his practice has been directors and officers liability insurance, including corporate, financial institutions, nonprofits, and related areas. During the financial institution crises of the late 1980s and early 1990s, he litigated coverage issues in D&O liability policies with various federal agencies, including the FDIC and the RTC. He also is involved in representing defendants and insurers in employment liability cases and represents insurers in handling fiduciary liability claims, insurance fraud cases, and claims under financial institution bonds and commercial crime policies. A recent Chambers review described David as "bright, practical and responsive," who "has an excellent understanding of coverage issues, and is pragmatic in terms of offering business-savvy solutions." He was also described as "a wonderful legal negotiator." In addition to claims counseling and litigation, David often is asked to assist clients in drafting new policies and bonds in a wide range of areas, including D&O liability policies, employment practices liability policies, fiduciary liability policies, and financial institution bonds and commercial crime policies. Representative Experience Drafted combined risk policies for leading casualty insurers that combined directors and officers liability, employment liability, fiduciary liability, and fidelity bond coverages under one policy form. Served as lead trial and appellate counsel in Pennsylvania state court in which court affirmed that prior and pending litigation exclusion was unambiguous and precluded coverage for lawsuit. Universal Teleservices Arizona, LLC v. Zurich American Ins. Co., 879 A.2d 230 (Pa. Super. 2005). Served as lead counsel in the first federal appellate court decision upholding the validity and enforceability of the regulatory exclusion in such policies, American Casualty Co. v. FDIC, 944 F.2d 355 (8th Cir. 1991). Served as lead trial counsel in which jury voided accidental death policy because evidence established insured's brother murdered insured in order to collect policy proceeds for charities controlled by him. Cerro Gordo Charity v. Fireman's Fund American Life Ins. Co., 819 F.2d 1471 (8th Cir. 1987). Presentations and Speaking Engagements Professional Liability Underwriting Society 2006 D&O Symposium, Mediation Issues for Insurers (February 2, 2006). Preventing Allegations of Bad Faith in Professional Liability Claims, American Conference Institute (December 2004). New Exposures Under Professional Liability Coverage, American Conference Institute (September 2002). Pre-Suit Notice Under Claims-Made Policies, ABA Section of Litigation, Insurance Coverage Litigation Committee (March 1999). Settlement Allocation Under Directors' and Officers' Liability Policies: A Return to Basics, ABA Section of Litigation, Insurance Coverage Litigation Committee (March 1995). Publications The New Wave of Corporate Fiduciary Claims in the Post-Enron Era: An Update (April 1, 2004). "D&O Liability Insurance in an Environment of Corporate Scandal," ABA Tort Source(Spring 2003). "The New Wave of Corporate Fiduciary Claims in the Post-Enron Era," PLUS Journal, Vol. XV, No. 11 (November 11, 2002). Other Distinctions Recognized as one of America's Leading Lawyers for Insurance Law by Chambers USA(2006-2011) Selected for inclusion in Law & Politics' Washington DC Super Lawyers (2010-2011); Selected for inclusion in the July/August 2010 Law & Politics' Super Lawyers, Corporate Counsel Edition. Selected as a "Lawdragon3000" Leading Lawyer (2006) Work Experience Partner, Troutman Sanders LLP, 2009 - present Partner, Ross, Dixon & Bell, LLP, 1985 - 2008 Managing Partner, Ross, Dixon & Bell, LLP, 2003 - 2008 Associate, Ross, Dixon & Bell, LLP, 1983 - 1985 Associate, Hogan & Hartson, LLP, 1978 - 1982 Special Assistant, Mayor of the City of Boston, 1974 - 1975 Special Assistant, Mayor of the City of Boston, 1974 - 1975 |