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Douglas J. Simmons

PPG Industries, Inc. v. Shell Chemical LP and Motiva Enterprises LLC (W.D. PA) – Brought and negotiated resolution of breach of contract and unjust enrichment action associated with multi-year diaphragm-grade caustic supply contract dispute.
U.S. v. Ohio Valley General Hospital (W.D. PA) – Defended and negotiated resolution of Medicare billing litigation.
PPG Industries, Inc. v. Accident and Cas. Ins. Co. of Winterthur, et al. (NJ Super. Ct.) – Represented policyholder in suit seeking first-party and third-party insurance coverage for environmental property damage at numerous sites. Following multi-year discovery process and summary judgment briefing, the case settled.
Brought and negotiated resolution of confidential AAA Arbitration between hospitality/gaming corporation and air filtration company regarding multi-million dollar fire causation.
Coverage counsel to Fortune 500 manufacturing company with long-tail asbestos liabilities. Negotiated coverage-in-place agreements and buy-out agreements with several dozen insurers. Handles all day-to-day aspects of interactions with historical liability insurers and integration with national coordinating defense counsel.
Century Indemnity Company et al. v. Crane Co. (Conn. Superior Ct) – Represented policyholder in defending against insurers’ declaratory judgment action relating to insurance coverage for tens of thousands of asbestos-related bodily injury claims. Defeated insurers’ motion for injunctive relief, and subsequently negotiated voluntary dismissals of litigation and execution of coverage-in-place agreements
Coverage counsel to Fortune 500 health-care company for review of various coverage lines such as property, pollution liability, fiduciary liability, D&O, aviation, E&O, crime, terrorism, cyber, threat and EPLI.
Coverage counsel to Fortune 500 metals manufacturing company on first-party property and business interruption claims, world-wide. Worked with client risk management and operational personnel to investigate losses, perfect and present insurance claims. Worked with forensic accountants to document, calculate and present claims. Participated in direct meetings with insurers to pursue and resolve claims on favorable terms.
Coverage counsel to industrial vehicle manufacturer regarding insurance coverage rights for asbestos-related bodily injury claims under multiple general liability programs, and negotiated cost-sharing agreement with divested entities’ current owner.
Coverage counsel to recycling company regarding insurance coverage rights on various underlying environmental property damage and nuisance lawsuits throughout the country.
King County v. Travelers Indem. Co., et al. (W.D. Wash.) – Representing policyholder in suit seeking third-party insurance coverage for environmental property damage at Superfund sites in the Pacific Northwest.
Confidential Arbitration between manufacturer and insurer (Ad Hoc Domestic Arbitration) – Represented policyholder in seeking to secure first-party insurance coverage for extensive property damage and business interruption loss caused by Hurricane Ike. Matter proceeded through two-week evidentiary hearing and arbitrators’ award.
Reynolds Metals Co. v. Alcan Aluminum Corp. (W.D. Wash.) – Brought and obtained a $59.6 million jury verdict following three-week trial in suit alleging breach of UCC implied warranties of merchantability and fitness for particular purpose in connection with the sale of an aluminum alloy used in the manufacture of boats. Following jury verdict, court further awarded $16.1 million in prejudgment interest.
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