David J. Fagnilli

DF
AV stamp icon
Attorney Awards

Biography

David is a member of the casualty department handling matters involving products liability, trucking and transportation, automobile liability, premises liability, construction accidents, uninsured and underinsured motorist coverage and personal injury. He has represented insureds in business disputes, construction claims, complex litigation and business arbitrations. David has also handled litigation concerning defamation, contractor claims, property use disputes, and commercial and business property losses. He has extensive experience negotiating favorable settlements independently and through mediation and other forms of ADR.

Additional areas of practice include insurance coverage, contract interpretation and analysis for first and third party claims; and defense of coverage disputes and bad faith lawsuits involving commercial general liability, commercial property, commercial vehicle, umbrella, auto and homeowners’ policies; and claims for environmental damage, asbestos and other toxic torts.

David is admitted to practice in all Ohio Courts, all Federal District Courts in Ohio, the Sixth Circuit Court of Appeals and the U.S. Supreme Court. David is a life member of the Eighth District Judicial Conference. He is a member of the American, Ohio State, Cleveland Metropolitan, and Lake County Bar Associations, the Defense Research Institute, the Ohio Association of Civil Trial Attorneys, the Cleveland Association of Civil Trial Attorneys, the Claims & Litigation Management Alliance, and the Justinian Forum.

A shareholder with an AV Preeminent by Martindale-Hubbell rating, David has also been selected by his peers as an Ohio Super Lawyer annually since 2010, as published in Cincinnati Magazine and Northern Ohio Live Magazine and one of The Best Lawyers in America publication annually since 2009.

David received his B.A. from Southern California College in 1980, and his juris doctor from Cleveland-Marshall College of Law in 1985.

Classes/Seminars Taught

Insurer, Adjuster and Agent and Broker Liability: A - Z, National Business Institute, August 26, 2016, presenter

Ten Commandments of Working with Expert Witnesses, June 13, 2013, CLM Transportation Conference, panelist

Anatomy of a Complex CGL Claim, Additional Insureds - Ohio Anti-Indemnity Statute, Cleveland Metropolitan Bar Association, November 2, 2012

Insurance Law from Basic to Advanced - Claims Handling Process, Akron Bar Association October 30, 2012

What Civil Court Judges Want You to Know, National Business Institute, November 4, 2011, moderator

Ohio Tort and Insurance Case Law Update, Akron Claims Association, April 14, 2010

Insurance Law in Ohio, Lorman Educational Services, March 21, 2003, co-author and presenter

Insurance Law in Ohio: Third Party Coverage in Ohio, National Business Institute, March 14, 1996, co-author and presenter

Honors & Awards

•Attorneys Listed by Best Lawyers in America - Insurance Law, 2009-present
•AV Preeminent by Martindale-Hubbell
•Ohio Super Lawyers, 2010-2018
•Claims & Litigation Management Alliance

Year Joined Organization: 2016

News

Marshall Dennehey Announces 2018 Ohio Super Lawyers & Rising Stars
December 6, 2017
Marshall Dennehey is pleased to announce that David J. Fagnilli and Stacy A. Starcher, shareholders in the firm's Cleveland office, have been selected to the 2018 edition of Ohio Super Lawyers magazine. In the firm's Cincinnati office, associate David J. Oberly has been selected a 2018 Ohio Super...

Marshall Dennehey Adds Shareholder in Cleveland
February 9, 2016
Seasoned trial attorney David J. Fagnilli, Esquire, has joined Marshall Dennehey Warner Coleman & Goggin as a shareholder in the firm’s Cleveland office. A member of the firm’s Casualty Department, he represents insurers in a wide array of litigation involving commercial and business property...

Publication

Ohio Supreme Court holds that general contractor’s CGL insurer is not obligated to defend suit alleging subcontractor’s faulty workmanship.
Law Alerts • April 1, 2019
The Ohio Supreme Court has revisited, affirmed and applied its earlier decision in Westfield Ins. Co. v. Custom Agri Systems, Inc. 133 Ohio St.3d 476, holding that an “insurer is not required to defend a commercial-general-liability..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

Legal Updates for Coverage and Bad Faith
Law Alerts • March 20, 2019
Edited by Allison L. Krupp, Esq. Ohio Supreme Court Holds That General Contractor’s CGL Insurer Is Not Obligated to Defend Suit Alleging Subcontractor’s Faulty Workmanship By David J. Fagnilli, Esq. In Ohio N...., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...

Ohio Appellate Court questions whether an Amish buggy can be an uninsured motor vehicle.
Law Alerts • October 1, 2018
In a case involving a horse drawn buggy and a motorcycle, the Wayne County Court of Appeals reversed and remanded a decision granting summary judgment to the insurer, and found that the buggy was not an uninsured motor vehicle. The case involved an..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

Exclusion for operator in violation of his driving conditions was held enforceable.
Law Alerts • October 1, 2018
The Ohio Ninth District Court of Appeals affirmed summary judgment for the insurer, finding that a driver operating a vehicle with a temporary permit, but no licensed driver in the vehicle, was not entitled to insurance coverage under the policy...., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

CGL policy does not cover damage that began before the policy’s inception.
Law Alerts • April 1, 2018
After full briefing and oral argument, the Ohio Supreme Court dismissed the appeal, letting stand the Fourth Appellate District’s decision found at 2016-Ohio-3473. In that case, the Court of Appeals affirmed summary judgment for the insurer,..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

A sagging roof is not a collapse. Exclusion for fungi, wet rot, dry rot or bacteria precludes coverage for sagging trusses.
Law Alerts • April 1, 2018
In 2014, the insured reported that the trusses holding up its roof had moved and were sagging. After a forensic inspection by an outside engineering firm, the insurer denied the claim on the basis that the damage to the trusses was not storm related..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

Ohio Supreme Court to determine scope of the sub-contractor exception to the workmanship exclusion in a CGL policy.
Law Alerts • April 1, 2018
The Ohio Supreme Court has agreed to hear the appeal of Cincinnati Insurance Company from the Third District Court of Appeals (Hancock County), which found that the sub-contractor exception to the “your work” exclusion required..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

Punitive damages are not recoverable for breach of contract in Ohio.
Law Alerts • April 1, 2018
This Ohio Supreme Court decision involving a dispute between an insurance agent and an insurer has potential implications for claims alleging breach of insurance contracts and breach of the duty of good faith and fair dealing. The court held that..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

Areas of Practice (10)

  • Product Liability
  • Property Litigation
  • Insurance Coverage/Bad Faith Litigation
  • Premises Liability - Defense
  • Construction Injury Litigation
  • Personal Injury
  • Trucking & Transportation Liability
  • Environmental & Toxic Tort Litigation
  • Asbestos and Mass Tort Litigation
  • Insurance Agents & Brokers Liability

Education & Credentials

Contact Information:
(216) 912-3792  Phone
(216) 344-9006  Fax
www.marshalldennehey.com/attorneys/david-j-fagnilli
University Attended:
Vanguard University - Southern California College, B.A., Business Administration, 1980
Law School Attended:
Cleveland State University - Cleveland-Marshall College of Law, J.D., 1986
Year of First Admission:
1986
Admission:
U.S. Court of Appeals 6th Circuit; U.S. District Court Northern District of Ohio; U.S. District Court Southern District of Ohio; 1986, Ohio; U.S. Supreme Court
Memberships:

Associations & Memberships

•American Bar Association
•Cleveland Association of Civil Trial Attorneys
•Cleveland Metropolitan Bar Association
•Defense Research Institute
•Justinian Forum
•Ohio Association of Civil Trial Attorneys
•Ohio State Bar Association

Reported Cases:
Published Works: Ohio Supreme Court Holds That General Contractor's CGL Insurer Is Not Obligated to Defend Suit Alleging Subcontractor's Faulty Workmanship, Legal Updates for Coverage & Bad Faith, March 2019; Case Law Alerts, 2018-present; Ohio Construction Insurance Law; Policyholder and Insurer Perspective on Custom Agri, Bar Journal of the Cleveland Metropolitan Bar Association, February 2013, coauthor; A.M. Best Ohio Digest of Insurance Law, Editor 2012-present
ISLN:
907534417

Peer Reviews

Documents (1)

Documents by this lawyer on Martindale.com

Affiliations

CLM

Cleveland, Ohio

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