Matthew J. Morris

Special Litigation Counsel

Matthew J. Morris is a Special Litigation Counsel. He works on a variety of disputes concerning insurance coverage, partnership and joint venture agreements, hotel management agreements, merchant funding agreements, civil RICO and international arbitration.

Matt's analytical acumen has enabled him to contribute significantly to the Firm's success in difficult appellate matters, including two victories in the New York Court of Appeals: one in a dispute concerning whether the aggregate coverage limit of an excess liability insurance policy covering asbestos claims made against the insured was renewed annually, rather than continued over the three-year period of the policy (16 N.Y.3d 419), and the other in a decision that established that an insured may obtain indemnification for payments made as disgorgement where such payments do not represent the insured’s own illicit gains (21 N.Y.3d 324).

Other cases included:

A victory in the New York Appellate Division in a dispute regarding whether an insured that sold asbestos believing its products could be used safely, despite its awareness of possible injuries, did not expect or intend such injuries for coverage purposes (101 A.D.3d 434)
A successful appeal to the Second Circuit from a decision in which the district court had held that a "hell or high water” agreement barred Home Depot U.S.A., Inc. from arguing that it was constructively evicted from its premises, terminating its rent obligation (570 F.3d 513)
Representation of The New York Times in a case in which the lower court granted class certification to plaintiffs challenging the right to engage in newsgathering, and the appellate court reversed the certification order (895 A.2d 1173)
Recent trial victories involving substantial damages in an arbitration regarding a hotel owner’s termination of a hotel management agreement in Mexico and a commercial landlord-tenant dispute regarding a rent rebate provision

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Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

By Matthew J. Morris on July 29, 2015 Posted in Commercial General Liability (CGL)

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a reservation of rights, the insured may accept a settlement over the insurer’s refusal where the settlement is fair, reasonable, … Continue Reading

Louisiana Supreme Court Holds That Statute May Confer Broad Duties On Insurers

By Matthew J. Morris on July 9, 2015 Posted in Commercial General Liability (CGL), Policy Limits

In Kelly v. State Farm Fire & Casualty Co., the Supreme Court of Louisiana recently held that an insurer can be liable for bad faith failure to settle a claim even if it has not received a firm offer to settle the claim. The court also held that the insurer could be liable for misrepresenting … Continue Reading

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

By Matthew J. Morris on March 9, 2015 Posted in Policy Limits

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children from different families who were exposed to lead paint in the same apartment during successive policy terms. This result should … Continue Reading

Texas Supreme Court Denies Policyholder’s Discovery Regarding Claims Handling

By Matthew J. Morris on November 18, 2014 Posted in Commercial General Liability (CGL), Property Damage

It is rare to see a state’s highest court address a discovery issue. But the Supreme Court of Texas did just that recently in In re National Lloyds Insurance Co., holding that a policyholder’s demands for discovery about how her homeowner’s insurance carrier’s claims adjusters handled other insurance claims was an impermissible “fishing expedition.” The … Continue Reading

Third Circuit Holds That Insured Must Reimburse Insurer For Litigation Costs Paid In Excess Of Sub-limit

By Matthew J. Morris on October 28, 2014 Posted in Professional Liability

In CAMICO Mutual Insurance Co. v. Heffler, Radetich & Saitta, L.L.P., the United States Court of Appeals for the Third Circuit recently held that a $100,000 sub-limit for claims involving employee misappropriation, misuse, theft or embezzlement in a claims made accountants professional liability insurance policy applied, requiring the insured to repay litigation costs the insurer … Continue Reading

Illinois Court Holds That Coverage for Malicious Prosecution Claim Is Triggered When the Prosecution Is Commenced, Not When It Is Terminated

By Matthew J. Morris on September 23, 2014 Posted in Malicious Prosecution Claim

An Illinois appellate court recently held in St. Paul Fire and Marine Insurance Co. v. City of Zion that coverage under a law enforcement liability policy for a malicious prosecution claim is triggered when the wrongful prosecution is commenced, not when it is terminated in favor of the accused. The court thereby joined the majority … Continue Reading

Legal Insights for the Insured

Matthew J. Morris