Results
While with Michaels & May and their prior firms, the attorneys of Michaels & May have achieved the following representative results:
Cinergy Corp. v. St. Paul Surplus Lines Insurance Company
In Cinergy Corp. v. St. Paul Surplus Lines Insurance Company, 873 N.E.2d 105 (Ind. Ct. App. 2007), Michaels & May filed suit on behalf of an insurer client in Hendricks County, Indiana, seeking a declaration that there was no insurance coverage for amounts Cinergy might expend as a result of allegations that it violated the Clean Air Act by failing to obtain permits before modifying its power plants. The firm thwarted Cinergy’s attempt to change venue to Marion County. See Cinergy Corp., et al., v. St. Paul Surplus Lines Insurance Co., et al., 785 N.E.2d 586 (Ind. Ct. App. 2003). The firm then obtained summary judgment that its client had no obligation to pay defense costs to or to indemnify Cinergy for these claims. Michaels & May successfully defended these results in two separate appeals. See Cinergy Corp. v. St. Paul Surplus Lines Insurance Company, No. 32A01-0309-CV-327 (Ind. Ct. App. May 25, 2004) (unpublished).
Newnam Manufacturing, Inc. and Dalton Corp. v. Transcontinental Insurance Company
Michaels & May served as co-appellate counsel for Transcontinental Insurance Company in another significant Clean Air Act case, Newnam Manufacturing, Inc. and Dalton Corp. v. Transcontinental Insurance Company, 871 N.E.2d 396 (Ind. Ct. App. 2007). In Newnam the insured was seeking defense and indemnity for a suit against it by the Indiana Department of Environmental Management, claiming that the insured failed to obtain the requisite permits before making a major modification to its manufacturing plant. The Indiana Appellate Court upheld the trial court’s grant of summary judgment, finding that the insurer had no obligation to either defend or indemnify.
Samuels Recycling Co. v. Continental Casualty Company
In Samuels Recycling Co. v. Cont’l Cas. Co., 713 N.W.2d 193 (Wis. Ct. App. 2006), Michaels & May obtained dismissal of claims that the insurer had wrongfully denied coverage for government-imposed environmental cleanup costs and claims of bad faith. In a related case, Michaels & May, P.C. successfully argued that the insured should not be permitted to relitigate the claims dismissed in the prior proceeding based upon a change in law.
AAA Disposal Systems, Inc. v. Aetna Casualty And Surety Co.
In AAA Disposal Systems, Inc. v. Aetna Casualty And Surety Co., 355 Ill. App. 3d 275, 821 N.E.2d 1278 (2nd Dist.), appeal denied, 2005 Ill. LEXIS 296 (Ill. Jan 26, 2005), the Appellate Court ruled in our client’s favor in an important late notice and allocation decision, affirming the late notice ruling in the client’s favor in its entirety.
Reliance Insurance Company v. Raybestos Products Company
In Reliance Insurance Company v. Raybestos Products Company, 382 F.3d 676 (7th Cir. 2004), the United States Court of Appeals for the Seventh Circuit ruled in the client’s favor, enforcing the application of an arbitration clause. In the subsequent arbitration, Michaels & May succeeded in persuading the panel to enforce the pollution exclusion in the client’s policies, even though the insured was an Indiana resident, the pollution site was in Indiana, and Indiana law does not enforce the exclusion.
Commercial Arbitration
In February 2004, attorneys of Michaels & May took the lead in an American Arbitration Association hearing concerning a breach of contract dispute over a multi-facility service contract, and secured a seven-figure award for the client. The award included the entirety of the disputed debt, full contractual interest, attorneys’ fees and a six-figure lost profits award.
Northern Illinois Gas Company v. The Home Insurance Company
In Northern Illinois Gas Company v. The Home Insurance Company, 334 Ill. App. 3d 38 (Ill. App. Ct.), appeal denied, 202 Ill. 2d 614 (2003), the Appellate Court of Illinois upheld summary judgment in favor of the client, enforcing the voluntary payment clause in the client’s insurance contracts.
Pope v. Economy Casualty & Fire Company
In Pope v. Economy Casualty & Fire Company, 335 Ill. App. 3d 41 (Ill. App. Ct. 2002), appeal denied, 202 Ill. 2d 698 (2003), the Appellate Court of Illinois, First District, enforced the client’s lead paint exclusion in a case of first impression in Illinois. The court addressed whether the exclusion barred coverage for exposure to lead dust when it did not expressly refer to lead dust, and found that the underlying complaint unambiguously fell within the exclusion.
Trans World Airlines v. Associated Aviation Underwriters
In Trans World Airlines v. Associated Aviation Underwriters, 58 S.W.3d 609 (Mo. Ct. App. 2001), insurers obtained summary judgment in their favor pursuant to policies containing pollution exclusions and then proceeded to trial on the remaining policies that were in effect prior to 1971. After a lengthy trial, the insurers obtained a verdict in their favor. This was the first and only trial concerning claims for pollution coverage by a major airline.
Rohm and Haas Company v. Continental Casualty Company
In Rohm and Haas Company v. Continental Casualty Company, et al., 781 A.2d 1172 (Pa. 2001), a verdict in favor of insurers was reinstated following the appeal from a nine week jury trial. Michaels & May participated in trying this case to a favorable verdict for insurers on several grounds, including fraud, known loss, and expected or intended damage.
Maremont Corp. v. Continental Casualty Company
In Maremont Corp. v. Continental Casualty Company, 326 Ill. App. 3d 272 (Ill. App. Ct. 2001), appeal denied, 198 Ill. 2d 617 (2002), the Appellate Court of Illinois, First District, affirmed summary judgment for the client on allocation grounds. Attorneys from Michaels & May acted as lead counsel in this matter.
Ormet Primary Aluminum Corporation v. Employers Insurance of Wausau
In Ormet Primary Aluminum Corporation v. Employers Insurance of Wausau, 88 Ohio St. 3d 292 (2000) the Ohio Supreme Court affirmed summary judgment on behalf of the client on late notice grounds. The court found prejudice to insurers from the policyholder’s late notice in a number of important respects, including the policyholder’s unilateral entrance into an Administrative Order by Consent without notifying or obtaining the consent of its insurers.
Hard Rock Cafe International (USA) Inc. v. Morton
In an intellectual property dispute concerning website framing, Michaels & May contributed substantially to the client obtaining a permanent injunction, as reported at Hard Rock Cafe International (USA) Inc. v. Morton, 1999 U.S. Dist. LEXIS 8340 (S.D.N.Y June 2, 1999).
Harvard Industries, Inc. v. Aetna Casualty & Surety Company
In Harvard Industries, Inc. v. Aetna Casualty & Surety Company, 273 N.J. Super. 467 (N.J. Super Ct. Law Div. 1993), the Superior Court of New Jersey, Law Division, upheld application of the client’s pollution exclusion.