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Thomas M. Reiter

Partner
+1.412.355.8274
Fax +1.412.355.6501
Mr. Reiter concentrates his practice in the representation of businesses in complex insurance coverage matters. He is and has been responsible for major D&O, environmental, asbestos, product liability, residual value, fidelity, and professional liability insurance coverage actions in trial and appellate courts throughout the country. His practice includes counseling policyholders concerning placing a wide array of insurance contracts, including D&O, cyber general liability, and property policies as well as blended insurance programs. On behalf of clients, Mr. Reiter devotes substantial time to negotiating with insurers with respect to D&O, asbestos, technology, business tort, professional liability, fiduciary, general commercial, property loss and other complex insurance coverage claims. Mr. Reiter has published and lectured extensively on insurance coverage and is the co-author, along with partners Peter J. Kalis and James R. Segerdahl, of a leading insurance treatise, “Policyholder’s Guide to the Law of Insurance Coverage,” Aspen Law & Business (1997) (revised annually).

Professional/Civic Activities

  • American Bar Associaton
  • Pennsylvania Bar Association
  • Former Adjunct Professor, Duquesne University School of Law and West Virginia University School of Law

Speaking Engagements

  • Corporate Transactions and Avoiding Insurance Pitfalls: Key Questions to Ask Your Advisors, presented at C-Suite Symposium Series on the Current M&A Landscape, Pittsburgh, Pennsylvania, sponsored by the Pittsburgh Duquesne Club. May 3, 2015
  • D&O Insurance Issues, presented at AON’s Annual D&O Symposium on Directors & Officers Liability, Pittsburgh, Pennsylvania, sponsored by AON Financial Services Group.  May 12, 2011.
  • Directors & Officers Insurance: What every director needs to know (and ask for), presented at the Charlotte - NACD Reception & Presentation, Quail Hollow Country Club, The Pavillion, Charlotte, NC, sponsored by Grant Thornton, K&L Gates, Pearl Meyer & Partners, Sockwell Partners, February 17, 2010
  • Insurance Coverage and the Financial Crisis, presented at the Webinar in Pittsburgh, Pennsylvania, sponsored by K&L Gates, February 26, 2009
  • Selected D&O Insurance Issues, presented at AON’s Annual D&O Symposium on the Directors & Officers Liability Marketplace, Pittsburgh, Pennsylvania, sponsored by AON Risk Services. May 7, 2009.
  • Stock Options Backdating and Other Hot D & O Topics , presented at the Ohio PLUS Conference in Cincinnati, Ohio, sponsored by the Professional Liability Underwriting Society, September 12, 2007
  • Selected D&O Insurance Issues, presented at AON’s Annual D&O Symposium on the Directors & Officers Liability Marketplace, Pittsburgh, Pennsylvania, sponsored by AON Risk Services.  May 15, 2007.
  • D&O Insurance and Backdating , presented at the Pittsburgh Chapter of RIMS conference, Pittsburgh, Pennsylvania.  March 13, 2007.
  • Top Ten Things a Corporate Secretary Should Know About D&O, presented at the Society of Corporate Secretaries & Governance Professionals, Inc. 2006 Joint Regional Meeting, Nemacolin Woodlands Resort, Farmington, Pennsylvania, sponsored by Ohio, OKI Tri-State and Pittsburgh Chapters.  September 8, 2006.
  • Side A Insurance Alternatives, presented at the D&O Seminar at the Millenium Hotel in New York, New York, sponsored by Towers Perrin Tillinghast.   October 20 and 21, 2005.
  • Sarbanes/Oxley and Insurance, presented at the Pittsburgh Chapter of RIMS October 2005 Chapter Meeting in Pittsburgh, PA, sponsored by the Risk and Insurance Management Society, Inc.   October 11, 2005.
  • Obligations of Insurers in Bankruptcy, presented at the Tenth Annual Bankruptcy Institute Seminar at the David L. Lawrence Convention Center in Pittsburgh, Pennsylvania, sponsored by the Pittsburgh Business Institute.   September 21, 2005.
  • Insurance and Business Continuity Planning, presented at the Business Continuity and Risk Management:   A Critical New Role for Senior Management Seminar in Pittsburgh, Pennsylvania, sponsored by Paradigm Solutions Corp.  July 19, 2005.
  • The Expanding Frontiers of Director Liability, presented at the Association of General Counsel, Spring 2005 conference in Pebble Beach, California, sponsored by AGC.   April 28 and 29, 2005.
  • Not-For-Profit Hospitals: Selected Considerations Regarding Indemnification and D&O Insurance, presented at the Marsh Healthcare Directors and Officers Roundtable Seminar in Cranberry, Pennsylvania, sponsored by Marsh Healthcare.   April 26, 2005.
  • D&O Coverage Issues - Trends with Application in the UK, presented at the Maximising Returns from Your Insurance Assets: Protecting Your Company’s Bottom Line Seminar in
    London and Manchester, England, sponsored by C&I Seminars.   March 15 and 16, 2005.
  • Policy Renewal Issues, presented at the Insurance Coverage for Financial Institutions Exposures Seminar in New York, New York, sponsored by Mealey’s Publications.   March 1, 2005.
Selected Appellate Cases Argued
  • Abercrombie & Fitch Company v. Federal Insurance Company, No. 09-3096 (6th Cir., March 11, 2010) – D&O/Policy Conditions/Ohio Law
  • Aluminum Co. of Am. v. Aetna Cas. and Surety Co., 140 Wash. 2d 517, 998 P.2d 882 (2000) – Leading Environmental Property Insurance Coverage Decision/Trigger, Scope, Fortuity, etc./PA Law
  • Cameron B. Auxer, et al. v. Alcoa, Inc., Case Nos. 10-2131, et al. (3rd Cir., January 20, 2011) – Form Not Conveniens in International Context
  • Goodman v. Aetna Cas. and Sur. Co., 593 N.E.2d 233 (Mass. 1992) – Environmental Property Damage Insurance Coverage Decision/Pollution Exclusion/MA Law
  • J. H. France Refractories Co. v. Allstate Ins. Co., 626 A.2d 502 (Pa. 1993) (as amicus curiae) – Leading Asbestos Insurance Coverage Decision/Trigger and Scope/PA Law
  • Stonewall Ins. Co. v. Asbestos Claims Management Corp., 73 F.3d 1178 (2d Cir. 1995)
  • Babcock & Wilcox Co. v. Am. Nuclear Insurers, 131 A.3d 445 (Pa. 2015) – Leading Asbestos Insurance Coverage Decision/Trigger, Scope, Property Damage/Exclusions/NY and Texas Law
Selected Cases Litigated
Business Interruption
  • Penford Corporation and Penford Products Co. v. National Union Fire Insurance Company of Pittsburgh, PA, et al. No. 1:09cv13-LRR, U.S.D.C., N.D. Iowa
D&O
  • Abercrombie & Fitch Co. v. Federal Insurance Company, No. 2:06 cv 831, S.D. Ohio
  • Federal Insurance Company v. PNC Financial Services Group, Inc. and PNC ICLC Corp., C.A. No. 03 1114, W.D. PA.
  • PNC Financial Services Group, Inc. and PNC ICLC Corp. v. Federal Insurance Company, et al. C.A. No. 05 0712, W.D. PA
  • Scharffenberger, as Chapter 11 Trustee of Allegheny Health, Education and Research Foundation v. Advanced Technology Management, Inc., et al., Adv. No. 99-2072, W.D. Pa. Bankr.
E&O
  • Brown, Rudnick, Freed & Gesmer v. National Union Fire Ins. Company, No. 91-11901 N, D. Mass.
  • Federal Insurance Company v. KeyCorp Management Company, et al., No. 01/603270, N. Y. Sup. Ct.
  • McDonald Investments, Inc. and KeyCorp v. Federal Insurance Company, No. 1 01CV1606, N.D. Ohio
  • Panagora Asset Management, Inc. v. St. Paul Mercury Insurance Company, C.A. No. 09-cv-11094, D. Mass.
Environmental
  • Aluminum Company of America, et al. v. Accident & Casualty Insurance Company, et al., No. 92-2-28065-5, Wash. Super. Ct.
  • Carrier Corporation v. Travelers Indemnity Company, et al., No. CV 88-0352383 S, Conn. Super. Ct.
  • E. I. DuPont de Nemours & Company v. Admiral Insurance Company, et al., No. 89C-AV-99, Del. Super. Ct.
  • United Technologies Corporation v. Liberty Mutual Insurance Company, et al., No. 87-7172, Mass. Super. Ct.
  • Westinghouse Electric Corporation, et al. v. Liberty Mutual Insurance Company, No. L-069352-87, N.J. Super. Ct.
Financial Institution Bond
  • Aetna Casualty & Surety Company, et al. v. Kidder Peabody & Company, Inc., et al., No. 128564/93, N.Y. Sup. Ct. App. Div.
Nuclear
  • Aetna Casualty and Surety Co., et al. v. Nuclear Engineering Co., et al., No. 2002-SC-307, Ky Sup. Ct.
  • Babcock & Wilcox Company, et al. v. American Nuclear Insurers, et al., No. GD-99011498, Pa. C.P.
Specialty Insurance Instruments
  • Federal Insurance Company v. Bank of America Auto Finance Corporation, as successor to Oxford Resources Corporation, No.01-CV-4980 (WJW), N.J. Dist.
  • Oxford Health Plans, Inc. v. Liberty Mutual Insurance Company, et al., No. 03C-04-268 (WCC), Del. Super. Ct.
  • PNC Vehicle Leasing, LLC and PNC Leasing, LLC v. The Hartford Financial Services Group, Inc. and Hartford Specialty Company, G.D. No. 01-7378, Pa. C.P.
  • Wachovia Corporation (formerly known as First Union Corporation) and Wachovia Bank, N.A. (formerly known as First Union National Bank) v. Underwriters at Lloyd’s London, et al., No. 05AS18635 N.C. Super. Ct.
Toxic Tort/Asbestos/Products
  • Alcoa, Inc., et al. v. Liberty Mutual Insurance Company, 2:11-cv-00813-LPL, W.D. Pa.
  • Allegheny Ludlum, LLC v. Liberty Mutual Insurance Company, et al., No. 2:17-cv-01243-DSC, W.D. Pa.
  • Stonewall Ins. Co. v. Asbestos Claims Management Corp., et al., No. 86 CIV 9671, S.D.N.Y.
  • Youngwood Medical Specialties, Inc. v. Aetna Casualty & Surety Company, et al., No. 97 0236, W.D. Pa.
Y2K
  • Xerox Corporation v. American Guarantee & Liability Insurance Company, No. X05 CV 99-0173064, Conn. Super. Ct.
Selected Insurance Recoveries
D&O
  • High eight figure recovery on behalf of diversified manufacturer for 10b-5 litigation
  • High eight figure recovery on behalf of national financial institution for 10b-5 litigation and government settlement
  • High eight figure recovery on behalf of national financial institution for 10b-5 litigation and related litigation
  • High eight figure recovery on behalf of national health care-related business for 10b-5 litigation and shareholder derivative claims
  • High eight figure recovery on behalf of energy services company for 10b-5 and related claims
  • Mid eight figure recovery on behalf of apparel company for 10b-5 and related claims
  • Mid eight figure recovery on behalf of technology company for acquisition-related claim
  • Mid eight figure recovery on behalf of technology company for acquisition-related claim
  • Mid eight figure recovery on behalf of technology company for acquisition-related claim
  • Mid eight figure recovery on behalf of health care company for 10b-5 and shareholder derivative claims
  • Mid eight figure recovery on behalf of directors of health care-related entity for breach of fiduciary claims
  • Low eight figure recovery on behalf of technology company for stock options backdating claims
  • Low eight figure recovery on behalf of diversified manufacturer for acquisition-related claim
  • High seven figure recovery on behalf of technology company for acquisition-related claim
  • High seven figure recovery on behalf of diversified manufacturer for acquisition-related claim
E&O
  • Nine figure recovery on behalf of national financial institution for subprime-related claims
  • Mid eight figure recovery on behalf of national financial institution for misrepresentation and related claims
  • Mid eight figure recovery on behalf of financial institution for deceptive practices, misrepresentation and related claims
  • Mid eight figure recovery for health care provider for negligence and related claims
  • Low eight figure recovery on behalf of national financial institution for deceptive practices, misrepresentation and related claims
  • Eight figure recovery on behalf of national law firm for settlement of government claims relating to financial institution insolvency
  • Seven figure recovery on behalf of national law firm for settlement of negligence-related private party claims
  • Seven figure recovery on behalf of law firm for settlement of negligence-related private party claims
  • Seven figure recovery on behalf of financial institution for AML-related claims
Business Interruption
  • Eight figure recovery on behalf of manufacturer for partial shutdown of facility
  • Eight figure recovery on behalf of manufacturer for partial shutdown of facility
  • Eight figure recovery on behalf of manufacturer for partial shutdown of facility
Environmental Toxic/Tort
  • Seven, eight and nine figure recoveries on behalf of numerous of manufacturers and other businesses facing asbestos and other toxic tort claims
  • Seven, eight and nine figure recoveries on behalf of many of manufactures and other businesses facing environmental claims under an array of policies, including general liability, property and pollution liability
Residual Value
  • Low nine figure recovery on behalf of national financial institution
  • Mid eight figure recovery on behalf of national financial institution
  • Mid eight figure recovery on behalf of national financial institution
Products
  • Eight figure recovery on behalf of component part manufacturer for property damage claims
  • Eight figure recovery on behalf of component part distributor for property damage claims
  • Eight figure recovery on behalf of chemical manufacturer arising out of bodily injuries caused by exposure to chemical products
  • Seven figure recovery on behalf of medical device company for claims based on allegedly defective medical device
  • Seven figure recovery on behalf of child care product manufacturer for bodily injury claims
Employment Practices
  • Seven figure recovery on behalf of manufacturer for wrongful termination claim
  • Seven figure recovery on behalf of manufacturer for discrimination-related claims
  • Seven figure recovery on behalf of manufacturer for harassment and for wrongful termination claims
  • Seven figure recovery on behalf of education-related entity for discrimination-related claims
Fidelity and Related Coverages
  • Eight figure recovery on behalf of professional services firm for employee dishonesty claim
  • Seven figure recovery on behalf of manufacturer for employee dishonesty loss
  • Seven figure recovery on behalf of manufacturer for employee dishonesty claim
  • Seven figure recovery on behalf of manufacturer for wrongful termination claim
Business Torts/Anti-Competitive Behavior
  • Eight figure recovery on behalf of manufacturer for business tort-related claims
  • Seven figure recovery on behalf of financial institution for business tort-related claims
Nuclear
  • Nine figure recovery on behalf of nuclear-related company facing nuclear-related bodily injury claims
  • Eight figure recovery on behalf of nuclear-related company facing nuclear-related property damage claims
CTE
  • Seven figure recovery on behalf of entity facing CTE-related claims
Qui Tam
  • High eight figure recovery on behalf of entity for federal government qui tam action
Other Insurance Coverage Experience
  • Drafting, reviewing, and/or structuring insurance policies and programs on behalf of hundreds of business and individuals (e.g., financial institutions and financial services firms, manufacturers, energy-related businesses, technology companies, professional services firms, retail and educational institutions)
    • Blended Programs
    • D&O
    • Fiduciary
    • Professional Services (E&O)
    • General Liability
    • Specialty Products Liability
    • All Risk Property including Time Element
    • Representations and Warranty
    • EPLI
    • Workers Compensation/Employees Liability
    • Blanket/Fidelity Bond and Crime
    • Nuclear Liability
    • Pollution Liability
    • Other Specialty Liability
  • Support for M&A Transactions
    • Due Diligence
    • Specialty Insurance Instruments
    • Transactional Documents/Terms Relating to Insurance Coverage