Douglas J. Simmons

Coverage counsel to agricultural chemicals company regarding arbitration stemming from personal injury claims.

Coverage counsel to synthetic rubber manufacturer regarding machinery breakdown business interruption claim.

Counseled multiple Fortune 500 companies regarding property damage/business interruption claims stemming from Feb. 2021 southern-US severe winter storm and COVID-19 pandemic.

Brought and obtained a US$59.6 million jury verdict for an aluminum distributor 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 US$16.1 million in prejudgment interest.

Coverage counsel to recycling company regarding insurance coverage rights on various environmental property damage and nuisance lawsuits throughout the country. 

Coverage counsel to industrial vehicle manufacturer regarding asbestos-related bodily injury claims under multiple general liability programs, and negotiated cost-sharing agreement with divested entities’ current owner.

Coverage counsel to Fortune 500 healthcare company on various coverage lines such as property, pollution liability, fiduciary liability, D&O, aviation, E&O, crime, terrorism, cyber, threat, and EPLI.

Represented policyholder in coverage suit relating to sediment contamination at Superfund sites in the Pacific Northwest. Won duty to defend summary judgment motion and negotiated defense cost-sharing agreement and settlement agreements.

Represented policyholder 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 major manufacturing company with long-tail asbestos and environmental liabilities. Negotiated coverage-in-place agreements and buy-out agreements with several dozen insurers. Handled all day-to-day aspects of interactions with historical liability insurers and integration with national coordinating defense counsel. 

Brought and negotiated resolution of breach of contract and unjust enrichment action associated with multi-year diaphragm-grade caustic supply contract dispute on behalf of a manufacturer of paints, coatings, and specialty materials.