Andy is a litigator with more than 25 years of experience in insurance coverage and insurance law matters. He represents insureds exclusively, and has been counsel to them in several precedent-setting court decisions. He also represents clients in other areas of commercial litigation.
Areas of Concentration
- Insurance Coverage
- Business Interruption Claims
- General Commercial Litigation
Andy has represented the policyholder in all of the following matters:
- Bay Shore Place at Park Shore Condominium Association, Inc. v. QBE Insurance Corporation and Florida Intracoastal Underwriters, Ltd. Co., Case No. 07-1208-CA (Circuit Court of Collier County, Florida).
This case involved a large first-party property loss to a high-rise condominium in Naples, Florida as a result of Hurricane Wilma, which was settled following mediation.
- Chemetron Investments, Inc. v. Fidelity & Cas. Co. of New York, 886 F. Supp. 1194 (W.D. Pa. 1994).
This was the first published court decision in the United States rejecting a denial of coverage under the comprehensive general liability insurance policy based upon the broad form nuclear exclusion. After this decision favoring our client, the case was settled.
- Compagnie des Bauxites de Guinee v. Three Rivers Insurance Company and Union Guineenne D’Assurances, No. 04-393 (U.S. District Court, Western District of Pennsylvania).
This case involved a first-party property loss for the cost to replace a bauxite stacking/reclaiming machine and consequential business interruption losses.
- Compagnie des Bauxites de Guinee v. SCOR Channel Limited, et al., No. 94-1904 (U.S. District Court, Western District of Pennsylvania).
This case involved a claim for insurance bad faith and business interruption losses resulting from a train derailment at a bauxite mining operation in Guinea, Africa. Andy obtained a non-jury verdict in this case in the amount of $5,885,766.
- Compagnie des Bauxites de Guinee v. Insurance Company of North America, 794 F.2d 871 (3d Cir. 1986).
This case involved a claim for business interruption losses resulting from the failure of a tippler building at a bauxite mining operation in Guinea, Africa. Andy participated in the jury trial in this case which resulted in a verdict and judgment of $16,044,383.
- Compagnie des Bauxites de Guinee v. Insurance Company of North America, 724 F.2d 369 (3d Cir. 1983).
This was a previous appellate court decision in the case which established the definition of "fortuitous event" under Pennsylvania law.
- Duquesne Light Company v. Hartford Accident & Indemnity Company, et al., No. 01-1694 (U.S. District Court, Western District of Pennsylvania).
This case involved a claim for reimbursement of defense costs incurred by Duquesne Light defending toxic tort lawsuits. It was settled following mediation.
- Diehl Moving and Storage v. St. Paul Fire & Marine Insurance Company, No. 7315 of 2000 (Court of Common Pleas, Westmoreland County, Pennsylvania).
This was a bad faith suit against St. Paul arising from a fire loss and St. Paul's failure to reform the policy. It was settled following mediation.
- Figgie International, Inc. v. Travelers Indemnity Company, et al., No. 93-237527 (Court of Common Pleas, Cuyahoga County, Ohio).
This was a suit for insurance coverage related to environmental contamination at various sites. It was settled following mediation.
- Fisher Scientific Company, L.L.C. et al. v. AIU Insurance Company, et al., Case No. 07-011419 (Court of Common Pleas, Allegheny County, Pennsylvania).
This was a case against liability insurers arising out of long-term, latent product liabilities. Following court rulings favoring our client, the case was settled.
- Greer Industries, Inc., et al. v. Chubb Corporation, et al., No. 02-C-118 (Circuit Court of Monongalia County, West Virginia).
This was an insurance coverage and bad faith suit for first-party property loss and business interruption losses arising from an underground limestone mine roof collapse. Following a mediation, the insurer agreed to a settlement that was over five times greater than the insurer’s original adjustment of the loss.
- Howden Buffalo, Inc. v. Ampco-Pittsburgh Corporation, et al., No. 03-1809 (U.S. District Court, Western District of Pennsylvania).
This was a lawsuit involving insurance coverage for asbestos liabilities. It was resolved through a settlement under which the insurers agreed to reimburse future costs.
- Noranda Aluminum, Inc. v. Globe Indemnity Co., et al., No. CV98-173CC (Circuit Court of New Madrid County, Missouri).
This was a lawsuit for insurance coverage for PCB contamination at an aluminum plant. Following a mediation, the case settled.
- Parker Hannifin Corporation v. Amerisure Mutual Insurance Co., et al., No. 3:07cv530-jvb (U.S. District Court, Northern District of Indiana).
This was a suit for environmental contamination at 3 sites located in Indiana and North Carolina which was resolved through settlement.
- Parker Hannifin Corporation v. National Union Fire Insurance Company of Pittsburgh, PA, et al., No. 1:02CV1937 (U.S. District Court, Northern District of Ohio).
This was a suit seeking insurance coverage for long-term latent product liabilities. It also included a bad faith claim. The suit was settled following a lengthy mediation for recovery of $8,000,000 and an agreement to pay future costs.
- Parker Hannifin Corporation v. Steadfast Insurance Company, No. 1:01CV1057 (U.S. District Court, Northern District of Ohio), reprinted in Mealey's Litigation Report: Insurance, Vol. 20, No. 40 (August 22, 2006).
This was a case for insurance coverage for liabilities arising from a component part failure. After Andy obtained partial summary judgment in favor of Parker for a portion of the losses, plus interest, the case settled.
- Parker Hannifin Corporation d/b/a Atlas Cylinders v. Allianz Underwriters Ins. Co., No. 98-6135-HO (U.S. District Court, District of Oregon).
This suit involved a claim for recovery of lost profits and diminution in value damages under a general liability insurance policy. After summary judgment rulings favoring our client and a mediation, the case settled.
- Sunbeam Corporation v. Liberty Mutual Insurance Co., 566 Pa. 494, 781 A.2d 1189 (Pa. 2001).
This litigation originated in 1993 in Wisconsin and was refilled in 1995 in Pennsylvania. Following six years of litigation during which the insurers had been successful in having the claims dismissed, the Pennsylvania Supreme Court ruled in 2001 that the claims could proceed under the doctrine of regulatory estoppel as applied to the "sudden and accidental" pollution exclusion. As the result of this holding, the claims have been settled for substantial recoveries.
- The Scotts Company v. United Capitol Insurance Co., No. CS-00-400 (E.D. Wash. May 10, 2001), reprinted in Mealey’s Litigation Report, Insurance, Vol. 15 No. 29 (June 5, 2001).
This case involved a claim for insurance coverage for nuisance claims arising from a compost operation. Following motion practice, a judgment was entered in favor of The Scotts Company for $2,319,758.
Andy has also represented clients on numerous other engagements relating to insurance coverage under various forms of property, casualty (liability) and fidelity insurance.
- Adjunct Professor of Law, Duquesne University School of Law (Environmental Law and Toxic Torts), 1993 to present
- Speaker, National Business Institute Seminar (Insurance Bad Faith), 1995, 1999, 2000, 2001, 2002, 2003, 2008, 2009, 2011
Honors and Awards
- Andy was selected as a Pennsylvania Super Lawyer in 2012 and 2013 and has held the highest attainable Martindale-Hubbell Peer Review Rating “AV” for more than 15 years.
- Listed in Marquis’ Who’s Who in the World and Who’s Who in America.
- Chancellor for the Episcopal Diocese of Pittsburgh since 2008.