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Commercial General Liability Insurance New Jersey - DOC

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					L. D. Simmons II
Partner
Bank of America Corporate Center
100 North Tryon Street, Suite 2900
Charlotte, North Carolina 28202-4011
T: 704.343.2062
F: 704.444.8773
lsimmons@mcguirewoods.com



Mr. Simmons is one of the leaders of our insurance practice and has 20 years of experience
representing clients in state and federal courts in high exposure insurance and commercial
disputes. Clients frequently call on him to handle matters pending in jurisdictions where juries are
hostile to corporate defendants, and he has represented clients in cases in Alabama, California,
Mississippi, Florida, Delaware, Pennsylvania, Tennessee, Washington, Georgia, North Carolina,
Kentucky, New Mexico, New York, New Jersey, South Carolina, West Virginia, Texas and
Virginia.

Mr. Simmons has represented insurance clients in a wide range of coverage disputes including
lawsuits arising from the following types of policies: directors and officers, property, general
liability, professional liability, fidelity and surety, life, and disability. He also frequently litigates
extra-contractual disputes and counsels clients on risk management issues.

While at his predecessor firm, he led a team that served as national trial counsel for a major
property-casualty carrier and represented that company in insurance litigation in federal and state
courts across the country. These national representations included engagements in the following
areas: bad faith claims, sexual misconduct coverage claims, technology errors and omissions
claims, Y2K claims, and toxic mold claims.

Mr. Simmons joined McGuireWoods in April 2008, and has redirected his focus to represent the
firm’s corporate clients in insurance disputes. The work he has done representing insurance
companies in coverage lawsuits of all kinds makes him uniquely suited to advise clients with their
insurance claims and represent them in coverage litigation.

He is active in the insurance coverage bar and is a frequent speaker on insurance and risk
management topics at industry seminars sponsored by the American Bar Association, the FDCC,
RIMS, the Defense Research Institute, Mealey’s, the North Carolina Association of Defense
Attorneys, and PLI.
Practice Areas
   • Financial Services Litigation
   • Insurance Coverage
   • Complex Commercial Litigation
   • Climate Change

Representative Matters
   • Insurance Litigation
          • Directors and officers insurance coverage litigation arising from multiple
              securities class actions and derivative securities claims against HealthSouth
              Corporation and Richard Scrushy.
          • Insurance coverage litigation under a professional liability insurance policy
              arising from a $12 million settlement entered into by Semtech Corporation with its
              customer arising from defective hysteretic controller chips.
          • Insurance coverage litigation in federal court in Philadelphia under a professional
              liability policy arising from the deaths of four Blackwater, Inc. contractors in
              Fallujah, Iraq.
          • Representation of an employee benefits outsourcing company in connection with
              claims against its professional liability insurer. Claims related to the insurer’s
              denial of coverage for an arbitration proceeding arising from our client’s alleged
              negligence in the administration of an employee benefits plan.
          • Representation of a national bank in connection with claims against an issuer of
              weather-risk derivative insurance products and weather-risk reinsurance. Claims
              related to letters of credit issued by the bank that secured the weather-risk
              products.
          • Insurance coverage litigation in federal court in Atlanta, Georgia, arising from
              more than 100 suits and claims of medical negligence against Mariner
              HealthCare, a national provider of long-term health care to the elderly.
          • Insurance coverage litigation in state court in Delaware in which Unisys
              Corporation sought to recover millions of dollars in expenses that the company
              incurred to make their electronic equipment Y2K compliant.
          • Insurance coverage litigation in bankruptcy court in San Antonio, Texas, arising
              from a dispute regarding the applicability of self-insured retentions to multiple
              personal injury cases pending against the bankrupt insured.
          • Insurance litigation arising from multiple state and federal class action lawsuits
              against a multinational business alleging that construction of certain utilities was
              in violation of class members’ property rights.
          • Representation of one of the largest U.S. pork producers in coverage litigation in
              North Carolina and Missouri. Litigation arose from temporary nuisance claims
              asserted against our client in state court actions in Missouri relating to the
              operation of hog farms.
          • Representation of a national power production and transmission company in
              connection with a multimillion-dollar first-party property loss arising from an
              explosion at one of its power generation plants.
          • Insurance coverage litigation under decades-old commercial general liability
              insurance policies in Albuquerque, New Mexico. Litigation arose from more than
              200 claims of sexual misconduct against the Archdiocese of Santa Fe.
          • Insurance coverage litigation in Miami under a commercial general liability policy
              arising from a long-term sexual relationship between a member of a monastic
              order and a female parishioner.
            • Insurance coverage litigation in Seattle, Washington, arising from the sexual
              abuse of 30 boys who resided at a group foster care home in Thurston,
              Washington.
            • Insurance coverage litigation in federal court in Vermont in which the insured
              sought coverage under his homeowner’s insurance policy for the alleged
              kidnapping and rape of a teacher. The trial court granted summary judgment in
              favor of our client.
            • Prosecution of breach of contract and bad faith claims in coverage litigation
              against a long-term disability insurer, Unum, arising from Unum’s denial of
              benefits to a Baptist minister who had significant cardiac disease.
            • Defense of a national insurance broker against errors and omissions claims
              arising from property damage associated with Hurricane Floyd in eastern North
              Carolina.
   •     Commercial & Tort Litigation
            • Representation of a national medical service corporation in breach of contract
              and health care fraud claims against a Charlotte, North Carolina, physician and
              medical clinic arising from the physician's diagnosis and treatment of Lyme
              disease.
            • Defense of a general contractor in four class action lawsuits filed by students in
              four public schools in Pender County, North Carolina. The plaintiffs sought
              damages from alleged exposure to toxic mold. The trial court denied class
              certification in each case in early 2005, and following the court’s class
              certification ruling, the plaintiffs dismissed their claims with prejudice.
            • Defense of the City of Charlotte in a wrongful death action involving the murder
              of a Charlotte police officer. The North Carolina Supreme Court reversed the trial
              court decision on summary judgment and dismissed all claims against the city.

Education
   • Vanderbilt University, Nashville, Tennessee, J.D., 1984
          • Student Writing Editor, Vanderbilt Law Review
   • Davidson College, Davidson, North Carolina, A.B., 1981

Honors
   •     Named One of the “Best Lawyers in America," Insurance Law, Woodward/White, Inc.,
         2009-2011
   •     Named a North Carolina "Super Lawyer," Law & Politics, 2007-2010

Previous Experience
   • Member, Helms Mulliss & Wicker, PLLC, Charlotte, North Carolina

Speaking Engagements
   • “Update on the Tripartite Relationship,” PLRB/FDCC Critical Issues for Insurance
       Executives and In-House Counsel, September 2008
   • “Keys to Successful Mediation in Business Cases,” ALFA International 2008 International
       Client Seminar, March 2008
   • "Hurricane Katrina: The Insurance Aftermath," Mealey’s Teleconference Seminar,
       October 2006
   • "The Storm After the Storms: Causation Battles Over Katrina and Other Catastrophic
       Hurricane Losses," Mealey’s Catastrophic Loss Conference, May 2006
   •   "The Tripartite Relationship and Other Ethical Dilemmas," Panel Presentation, North
       Carolina Association of Defense Attorneys, November 2005
   •   "Hurricane Katrina: The Insurance Aftermath," CPCU Society National Convention and
       Seminar, October 2005
   •   "Insurance Coverage for Cyber Claims Atlanta," CPCU Society I-Day Seminars,
       November 2004
   •   "Deconstructing Coverage for Construction Defect Claims Panel Presentation," American
       Bar Association, Litigation Section, Insurance Coverage Committee Meeting, March 2004
   •   "The Terrorism Risk Insurance Act: Strategies for Lenders," Bank of America Client
       Presentation, July 2003
   •   "Extra Expense Coverage: An Overview," PLI Business Interruption Insurance
       Conference, October 2002
   •   "Insurance Coverage for Business Torts," Defense Research Institute Insurance
       Coverage Conference, December 1998
   •   "Insurance Coverage Issues Arising in Sexual Abuse Litigation," Defense Research
       Institute Insurance Coverage Conference, October 1996

Professional Affiliations
   • North Carolina Bar Association
   • North Carolina Association of Defense Attorneys
   • Federation of Defense and Corporate Counsel
   • Litigation Counsel of America
   • American Bar Association
          • Past Chairman, Construction Defect Law Subcommittee, Insurance Law
               Committee, Section of Litigation
   • Associate Member, Professional Liability Underwriters Association
   • Vanderbilt Law School, National Alumni Council

Civic Affiliations
    • Board Member, First Tee of Charlotte
    • Guardian ad Litem Volunteer, Children's Law Center

Admitted
   • North Carolina 1984

				
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