Patrick M. McDermott

Patrick counsels clients on all aspects of insurance and reinsurance coverage. He assists clients in obtaining appropriate coverage and represents clients in resolving disputes over coverage, including in litigation and arbitration. During law school, Patrick served as a judicial intern for two federal judges: the Honorable Michael F. Urbanski in the Western District of Virginia and the Honorable Ricardo M. Urbina in the District of Columbia.

• Represented cedent in eight-day jury trial involving facultative reinsurance for underlying products liability claims and disputes over allocation, primary policy limits, and umbrella policy coverage for defense costs.
• Represented client through two-week international arbitration between consumer health and beauty product manufacturer and European insurer involving products liability liabilities and rescission claim.
• Advised clients on available insurance coverage in connection with corporate transactions, including sales of asbestos liabilities.
• Litigated billion-dollar dispute under professional liability/errors and omissions (E&O) policies arising from allegations of insurer bad faith failure to settle class action brought under Telephone Consumer Protection Act (TCPA).
• Advised major trade association and financial institution on options for captive insurance and other alternative risk transfer mechanisms.
• Represented client in claim under representation and warranty policy involving third-party claim against policyholder and breach of representations in merger agreement concerning compliance with existing contracts.
• Litigated insurance coverage under claims-made policy for settlement of class action alleging defects in over-the-counter medical product and related claims for bad faith.
• Represented client in claim under representation and warranty policy involving breaches of representations in asset purchase agreement related to condition of assets.
• Advised client on creation of captive insurance company, including negotiating agency agreement and drafting formation documents.
• Advised on COVID-19 insurance recovery claims under property insurance policies, including for business interruption losses.
• Advised clients in corporate transactions on subrogation provisions in and broadening coverage under buyer’s representation and warranties policies.
• Represented cedent in state court and federal court litigations in disputes with facultative reinsurers over coverage for payments made for underlying asbestos lawsuits, and involving follow-the-fortunes and follow-the-settlements doctrines, allocation disputes, and reinsurance limits disputes (Bellefonte).
• Represented cedent in two-week jury trial over coverage under facultative reinsurance certificates involving allocation, limits, and defense cost issues.
• Represented cedent in two-week bench trial involving facultative reinsurance certificates.
• Represented cedent in arbitration over coverage under facultative reinsurance certificates through multi-day hearing involving allocation issues and reinsurance limits defense (Bellefonte).
• Represented client in obtaining coverage under D&O policy for SEC investigation.
• Advised major financial institution on its captive insurance policy for cyber insurance and related reinsurance coverage.
• Advised equity group regarding purchase of representations and warranties insurance for acquisition.
• Counseled investment firm on impact of Delaware insurance statutes and regulations on proposed transaction.
• Represented cedent regarding claims under reinsurance treaty for coverage for payments made under policyholder’s self-insured health insurance program.
• Litigated dispute among policyholder, insurer, and broker arising out of insurer’s denial of coverage after theft of policyholder’s boat.
• Represented client in disputes with insurer and broker regarding coverage for defense costs for Fair Labor Standards Act (FLSA) lawsuit under employment practices liability (EPL) policy.
• Represented client in coverage dispute under directors and officers (D&O) and EPL coverages regarding coverage for defense costs for underlying lawsuit arising out of, among other things, alleged breaches of acquisition agreement and related employment agreements.
• Represented client in dispute between healthcare industry service provider and insurer under all-risk property policy over coverage for shipments made as a result of fraudulent invoices.
• Litigated dispute regarding coverage under legacy general liability policies for underlying lawsuits claiming bodily injuries related to contaminated groundwater and asbestos.
• Arbitrated dispute over coverage under reinsurance treaties for settlement of claims made under errors and omissions (E&O) policies arising out of underlying lawsuit alleging violations of Telephone Consumer Protection Act (TCPA).
• Represented client in dispute over life insurance proceeds.
• Represented cedent in state court litigation with facultative reinsurer involving allocation issues and reinsurance limits defense (Bellefonte).
• Represented cedent in federal court litigation involving notice obligations and rescission claim.
• Litigated dispute between policyholder and broker involving breach of contract and negligence claims against broker.
• Litigated dispute over coverage under media liability policy.
• Represented client in negotiating commutations involving captive reinsurance entity.
• Advised client on recovery under directors and officers (D&O) policy in connection with ongoing bankruptcy proceeding.
• Evaluated claim under representation and warranty policy involving breaches of representations in membership interest purchase and contribution agreement related to accuracy of financial statements and material adverse effects.
• Litigated dispute in state court related to coverage under commercial lines policy issued to city and involving applicability of employers’ liability exclusion.
• Advised client on recovery under errors and omissions (E&O) coverage for settlement of underlying bodily injury claim.
• Advised cedent on recovery under reinsurance contracts for settlement of underlying claims submitted under public entity liability policy.
• Represented college students facing allegations of hazing in connection with obtaining insurance coverage under liability policies.
• Represented inmate pro bono in action under 42 U.S.C. § 1983, including through multi-day jury trial.
• Represented client pro bono in connection with potential dispute with architect.
• Represented theater company pro bono in dispute involving workers’ compensation premium.
• Represented nature conservancy pro bono in dispute with state governmental agency regarding permits.