Philip R. Matthews practices in the area of general civil litigation and insurance counseling and litigation with an emphasis on complex cases. He has been involved in some of the largest trials and appeals in California, including the trial and appeal of Shell Oil Co. vs. Accident and Casualty Co. of Winterthur (Rocky Mountain Arsenal case) and In Re Coordinated Asbestos Litigation (Manville, Fibreboard, Armstrong and GAF Coverage cases.) He also has been liaison and trial counsel in numerous complex cases such as Flintkote v. American Mutual, Four Star Oil & Gas Co. vs. Allianz (Texaco Environmental Coverage Litigation), Texaco Refining & Marketing, Inc. vs. Fireman's Fund Insurance Co. (Texaco Toxic Tort), Exxon vs. Insurance Company of North America (Exxon Environmental Coverage Litigation), and Kaiser Aluminum and Chemical Corporation v. Certain Underwriters at Lloyd's, London. He also has experience in bankruptcy law, asbestos bankruptcies and corporate transactions.
In addition to extensive litigation experience, Mr. Matthews has been involved in resolving complex insurance coverage disputes through alternative dispute resolution procedures including mediation and acting as specialist settlement counsel. Mr. Matthews has a successful record in achieving resolution of matters without protracted litigation. One example is working out a procedure to resolve, for a major group of insurers, one Fortune 50 corporation's more than 1,000 coverage claims for pollution sites and thousands of toxic tort claimants before the filing of litigation. A decade later, other insurers are still litigating with the Fortune 50 company over these claims.
Mr. Matthews also has counseled insurers and reinsurers concerning complex toxic torts and mass tort litigation, Medicare issues, underlying legal issues and coordinating amicus briefs and other initiatives to develop the law in resolving such claims. His counseling involves a number of different types of claims such as asbestos, silica, various hazardous materials, tobacco and sexual abuse claims.
Mr. Matthews has spoken at a number of forums on a variety of topics relating to complex litigation, including ACI Advanced Forum on Litigating & Managing Asbestos Claims - Navigating Your Way Through New Developments in Medicare/Medicaid, Mealey's Conference on Settling Complex Insurance Coverage Cases, Mealey's Conference on Tobacco Litigation, the American Bar Association Insurance Coverage Litigation Section on Allocation Issues in California and Mealey's Allocation Conference. In 2001 he co-chaired Mealey's California Insurance Law Conference. Mr. Matthews is listed in Chambers USA: America's Leading Business Lawyers.
Mr. Matthews is active in nonprofit and religious organizations, including having been on the board of organizations such as Episcopal Charities of the Diocese of California, Board of Governors, University of California Hastings College of Law, and Project Concern International. He has been named as one of Northern California's Super Lawyers for a number of years.
A member of the American Bar Association and the Bar Association of San Francisco, Mr. Matthews is a 1977 graduate of the University of California, Hastings College of the Law and a graduate of George Washington University.
"Philip Matthews is a highly esteemed insurance litigator. He is known as 'somebody who pursues a client's case thoroughly and is incredibly professional in doing it.' He has recently dealt with the Thorpe Insulation bankruptcy arising out of asbestos cases... [He] is known as a 'terrific lawyer' who 'commands lots of respect.' His practice encompasses high-value pollution matters, including asbestos coverage cases and complex class action suits." - Chambers USA 2013
"Leading California partner Philip Matthews is known as 'a very strong lawyer who has been involved for many years.' Clients afford him particular praise for his ability to deal with highly specialized and complex insurance coverage matters... Peers and clients alike offer ringing endorsements of leading practitioner Philip Matthews, who focuses his practice on complex insurance and civil litigation. According to interviewees, 'he is the consummate peacemaker, who always talks reason and sense.'" - Chambers USA 2012
Opposing counsel call Matthews "smart, thorough, focused on his client's interests, forthright and open-minded. He doesn't play games and doesn't abuse the litigation process. He's always emerged as a leader among the numerous players on his side of cases." - Law360 2013
Honors and Awards
· Who's Who Legal for Insurance and Reinsurance, 2003-2013
· Listed in The Best Lawyers in America in the category of Insurance Law, 2006-2014
· Listed in Chambers USA: America's Leading Business Lawyers, 2003-2013 editions and ranked in the highest tier of insurance lawyers in U.S. and California
· Listed in Northern California's Super Lawyers, 2004-2013
· Listed in Super Lawyers, Corporate Counsel Edition, 2010
· AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
· Plant asbestos insurance coverage case, including associated chapter 11 proceeding
· Thorpe asbestos insurance coverage cases, including associated chapter 11 proceeding
· Chicago Fire Brick bankruptcy proceeding
· Kaiser Aluminum v Certain Underwriters at Lloyds, including associated chapter 11 proceeding (asbestos, volatile coal tar, noised induced hearing loss and silica)
· A.P. Green coverage litigation, including associated chapter 11 case (asbestos and silica)
· ARCO lead paint coverage litigation
· State tobacco litigation in Louisiana, naming insurers
· Exxon environmental insurance coverage case (5,000 site environmental case)
· Texaco toxic tort coverage case (asbestos, butadiene, benzene and other toxic torts)
· Texaco environmental insurance coverage case (2,000 site environmental case)
· Shell Oil v. Accident & Casualty of Winterthur (Rocky Mountain Arsenal)
· Flintkote v. American Mutual
· In Re Coordinated Asbestos Litigation, insurance coverage cases
· Johns-Manville v. Travelers, including associated chapter 11 proceeding
· American Bar Association
· Bar Association of San Francisco
· Hancock Rothert & Bunshoft LLP
- Partner, 1985-2005
-- Chairperson, 2004-2005
-- Management Committee, 1989-1994, 1997-1999 and 2004-2005
-- San Francisco Managing Partner, 1991-1992 and 1998-1999
- Associate, 1980-1984
· Dinkelspiel, Plevin, Steefel & Levit
- Associate 1978-1980
· Duane Morris LLP
- Partner, 2006-present
· Project Concern International
· Featured in "Q&A with Duane Morris' Phil Matthews," Law360, March 29, 2013
· Co-author, "In Stricker Case, District Court to Dismiss Medicare's Suit Seeking Reimbursement from Defendants, Insurers and Attorneys," Duane Morris Alert, September 22, 2010
· Co-author, "Class Action Lawsuit Challenges Medicare's Recovery Practices Under the Medicare Secondary Payer Statute," Duane Morris Alert, September 21, 2010
· Co-author, "Medicare Secondary Payer Statute: Reporting Obligations Delayed, but Uncertainty Remains," Duane Morris Alert, March 12, 2010
Selected Speaking Engagements
· Panelist, "Trigger, Allocation, Non-Products, Deductibles, Number of Occurrences, Asbestos Reserves, and Beyond: Key Insurance Issues Impacting Asbestos Coverage," ACI's 14th Annual Advanced Forum on Asbestos Claims and Litigation, Chicago, June 27, 2013
· Panelist, "Navigating Your Way Through the New Developments in Medicare: The Impact of Medicare Reporting Rules on Asbestos Litigation," ACI's 12th Annual Advanced Forum on Asbestos Claims and Litigation, Philadelphia, January 26, 2012
· ACI Advanced Forum on Litigating & Managing Asbestos Claims - Navigating Your Way Through New Developments in Medicare/Medicaid, Philadelphia, May 18-19, 2010
· Panelist, "Borrower's Agenda," Commercial Real Estate 2012: Getting Back to Business Conference, San Francisco, February 14, 2012
· Panelist, "Emerging Coverage and Product Developments in Asbestos Insurance," Mealey's National Asbestos Litigation SuperConference, Scottsdale, Arizona, September 22, 2008
· Mr. Matthews has spoken at a number of forums on a variety of topics relating to complex litigation, including Mealey's Conference Re Settling Complex Insurance Coverage Cases, Mealey's Conference on Tobacco Litigation, the American Bar Association Insurance Coverage Litigation Section on Allocation Issues in California and Mealey's Allocation Conference. In 2001, he co-chaired Mealey's California Insurance Law Conference.