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For more than two decades, David F. Cutter has focused his practice on litigating insurance coverage disputes across the country.  David litigates disputes involving a wide spectrum of management liability products, including D&O, E&O, fiduciary, EPL, and bond coverage.  David also litigates general liability matters, and defends insurers against individual and class actions challenging their business practices.     

While much of David’s practice involves litigated disputes, he also provides advice in a monitoring role for claims involving complex underlying and coverage issues.  In that capacity, David helps his clients understand their coverage, defense and settlement obligations, assists with the evaluation of underlying exposures, and develops creative strategies for closing claims. 

Clients appreciate David for developing unique approaches for moving matters towards efficient resolution through either focused litigation or settlement. When matters are not amenable to an early resolution, David’s breadth of experience enables him to utilize targeted discovery, strategic dispositive motion practice, and, if necessary, trial and appeal to obtain favorable results for insurers.

David has been consistently recognized by Chambers, The Legal 500, Best Lawyers and other legal services rankings as a leading commercial lawyer. As noted in recent editions of Chambers, David "is an excellent lawyer and advocate for his client;" he “is respected in the field as an excellent litigator;” and “clients describe him as ‘a very smart and hard-working trial lawyer.’”  

Representative Matters

AR Capital v. XL Specialty Ins. Co. (NY Sup. Ct. and DE Sup. Ct.). Representing first layer excess insurer in several related actions involving coverage under D&O policies for SEC investigation, securities class action, and derivative claims. 

Northrop Grumman Innovation Systems, Inc. v. Zurich Amer. Ins. Co. (DE Sup. Ct.).  Representing excess insurer in dispute involving coverage for securities class action. 

Lloyd's Syndicate 3624 (Hiscox) v. Biological Resource Center of Illinois, LLC (N.D. Ill).  Filed suit seeking determination of limits available under E&O policy, securing favorable ruling that insured was entitled to a single “per claim” limit.    

Beatty v. Accident Fund General Ins. Co. (S.D. Ill).  Representing insurer in industry-wide class action alleging consumer fraud and conspiracy related to compliance with statutory requirements for payment of interest on certain claims. 

Hansen et al v. Country Mutual Ins. Co. (N.D. Ill.).  Defending insurer in purported class action seeking damages for breach of contract, fraud, and bad faith (secured favorable rulings dismissing fraud claims and denying leave to amend to add tortious interference claim). 

Bamford Inc. v. Regent Ins. Co. (8th Circuit).  Served as appellate counsel in bad faith refusal to settle matter. 

Cooper Indus., LLC v. Employers Ins. of Wausau (Sixth Circuit, W.D. Mi., and NJ Sup. Ct.). Represented primary and excess insurer in several related matters involving coverage for environmental liabilities (settled).

U.S. Specialty Ins. Co. v. Santander Holdings, USA, Inc. (E.D. Pa and D. Mass).  Represented primary insurer in parallel actions seeking determination that insured’s settlement was not “loss” under D&O policy (settled). 

JP Morgan Chase v. Indian Harbor Ins. Co. (N.Y. Sup. Ct.).  Represented primary insurer in dispute involving application of insolvency exclusion and securities entity coverage (settled). 

Steadfast Ins. Co. v. Robert Manuf. Co. (C.D. Cal.).  Filed suit seeking policy rescission (settled). 

Clerkship

United States District Court for the District of Columbia (1996-1997)

Presentations

Internal and web-based presentations for clients on multiple topics, including:

  • “Challenges in Handling Claims and Underwriting Risks in the United States”
  • “Key Issues in Fidelity Bond Interpretation”
  • “Defending Insurers and their Insureds Against Class Actions”
  • “Private Company D&O Claims in the United States”
  • “The Meaning of ‘Bad Faith’ and How to Avoid It”
  • “Underwriting Challenges That Can Undermine Policy Meaning”
  • “Implications of the Revised Federal Rules on Insurance Claims”
  • “Litigating Insurance Claims in the Midwest”

“The Insurance Coverage Landscape,” Perrin National Construction Defect Conference, November 2018

“Ever-Expanding Liability of Construction Design Professionals: A Survey of Design Liability Trends and Practical Effects,” 2018 CLM Management & Professional Liability Conference, June 2018

“The Professional Part in Construction Defect Claims,” Perrin National Construction Defect Conference, November 2016

“Business Espionage - A Minefield of PLI Exposures,” PLUS Professional Risk Symposium, April 2016

“Extra-Contractual - What Is the Meaning of Bad Faith,” CLM Annual Conference, April 2016

“Navigating Prior and Pending and Other Issues,” PLUS Professional Risk Symposium, April 2015

“How to Waive Attorney-Client Privilege Without Even Trying,” CLM Annual Conference, March 2015