Alan H. Packer

Office Managing Partner

Our client sought benefits due under its excess policies, and an international insurer sought to force arbitration in London. The unfriendly overseas venue could potentially leave the client juggling inconsistent legal determinations between the arbitration and pending litigation involving another insurer. We successfully convinced the trial court, and then the appellate court to deny arbitration based on public policy, California substantive law provisions, and the policy terms, resulting in a major victory for our client and a very favorable settlement.

Newmeyer Dillion successfully worked with local counsel in another state to obtain an order overturning an unfavorable ruling on whether our client was an additional insured under a trade partner’s insurance policies. The victory preserved our client’s ongoing relationships with local trade contractors.

Newmeyer Dillion has actively supported the building industry’s efforts to resolve homeowner claims through the Right to Repair law enacted by the California legislature.  As counsel for an amicus building industry association, Newmeyer Dillion has filed briefs in several matters to support and protect the right to repair, and participated in oral argument in the critical matter that resulted in an upholding of the builders’ position.

Our homebuilding client with a captive lending unit faced a claim for alleged federal lending violations. After having the claim kicked out of trial court, our client faced an appeal challenge at the 9^th Circuit. The Newmeyer Dillion team successfully navigated the process and preserved the win, enabling our client to remain in business in a tumultuous housing market.

Our Fortune 500 builder client faced numerous claims as to which its excess insurer refused to drop down to defend or indemnify, premised upon an over-broad assertion of how follow-form excess policies work.  The insurer claimed that although its policy contained no self-insured retention, provision, it was entitled to force our client to absorb the first million dollars on every loss.  We defeated the insurer’s position and recovered over $30 million from the insurer.

When our national client purchased a cost-cap environmental policy from a large commercial insurer, it expected the clean-up and claims process to be straightforward.  After years of delays, excuses, and outright obstruction from its insurer, the client asked us to help them get the benefits to which they were due.  We teamed up with a series of experts, coordinated with the client on the extensive history on dozens of contaminated sites, and ultimately achieved a major victory of over $40 million for the client that enabled them to fund their own clean-up, with carrier pre-funding, without any further bureaucratic shenanigans from the insurer.

Our client faced a coverage denial with a major carrier in Illinois, subject to less favorable legal conditions. Newmeyer Dillion evaluated other options, and ultimately filed suit in the insurer’s home state of Georgia. The change of venue resulted in the denial of coverage being overturned, based on the choice of law principles in the insurer’s own home state.

Our client was embroiled in bitter litigation with a former partner and his affiliates making explicit threats against the company that impacted its operations and stock pricing. Through creative policy arguments, we obtained a highly favorable, substantial recovery under the “Ransom” policies issued to the client.