Patrick Frye

Representative Matters

• Won dismissal of a disability policyholder’s claim to reform the terms of his policy as time-barred, and won summary judgment on his claim for coverage under the actual terms of his policy.

• Counseled a reinsurer on its breach of contract claim against its former management.

• Represented a reinsurer in a collection dispute against two retrocessionaires, settling with one and winning summary judgment against the other.

• Represented a reinsurer in a three-week evidentiary hearing in federal court regarding a captive insurer’s redomestication from a U.S. state to Bermuda in order to expand coverage for asbestos and environmental claims under the general liability policies that the captive issued its owner. 

• Served as second chair at a federal trial for breach of reinsurance contracts, resulting in a $5 million judgment for the client reinsurer.

• Represented an excess insurer against a manufacturer’s belated claim for coverage of its asbestos liabilities.

• Won dismissal for a client of a $6 million claim brought under an insurance policy issued by its subsidiary insurance company.

• Won summary judgment for a life insurer against the State of Illinois in a tax dispute.

• Represented an insurer in the course of adjusting a claim for property coverage following a fire at a casino, which led to subrogation claims.

• Represented a business-auto insurer against a railroad that sought coverage under a “designated insured” form included in its subsidiary’s policy.

• Represented an excess insurer against a manufacturer’s belated claim for coverage of its asbestos liabilities.

• Represented an insolvent professional liability insurer and its reinsurer against a lawsuit brought by the assignee of the policyholder doctor.

• Investigated long-term-care policyholders’ complaints about the client insurer’s denials of claims, and counseled the insurer on, and responded to, complaints filed with various states’ regulators.

• Represented a D&O insurer in an arbitration following the insurer’s denial of coverage for an investment fund’s regulatory settlement of allegations of securities manipulation.

• Negotiated a settlement obligating a CGL policyholder to sue its former subsidiary, and not the client insurer, for indemnification of a $1 million deductible obligation to the insurer.

• Represented insurers against putative class alleging antitrust and RICO violations based on alleged “bid rigging” and the normal underwriting practices of Lloyd’s of London.

• Won judgment for a professional liability insurer against a claim for coverage of a $1.25 million judgment entered against the policyholder.

• Won summary judgment, including attorney’s fees, for an insurer seeking collection under its $1 million deductible from a worker’s compensation policyholder.

• Served as second chair at an arbitration concerning the number of 9/11 World Trade Center events under a reinsurance treaty, resulting in the release of a $14.4 million letter of credit to the client.

• Represent an excess CGL insurer in a multimillion dollar allocation lawsuit against the CGL insurers of the indemnitor of the client’s policyholder, arising from an engine fire that burned down a tug boat for oil rigs.

• Represent a foreign insurer against its policyholder’s multimillion dollar lawsuit seeking coverage of claims against it by thousands of people infected by hepatitis C or HIV.