Practice Focus

Education

  • Case Western Reserve University School of Law, J.D., Order of the Coif, 1979
  • Ohio University, B.A., summa cum laude, Phi Beta Kappa, 1976

Admissions

  • State of Ohio
  • U.S. District Court (Northern District of Ohio)
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Supreme Court

Michael Brittain

Partner

MIKE is a litigation partner and serves as chair of Calfee’s Insurance Recovery Group.

For more than 25 years, he has successfully represented policyholders in disputes against insurance companies under a wide variety of insurance policies including directors and officers liability policies, commercial general liability policies, property and business interruption policies, professional liability policies, employment practices policies and crime policies.  Mike also counsels clients on policy interpretation and risk management, insurance aspects of mergers and acquisitions, policy renewal negotiations, and corporate indemnification. 
 
In addition to his insurance recovery practice, Mike has represented both public and privately-held companies in business disputes involving breach of contract, fiduciary duty, unfair competition, false advertising and business tort issues.  He has represented clients in the defense and settlement of class actions concerning securities fraud, product liability, ERISA liability and health care regulation.  Mike also has extensive experience litigating employment-related cases involving trade secrets, non-compete covenants, wrongful termination and employment discrimination.
 
Mike’s extensive insurance recovery experience includes:
  • Represented numerous clients in disputes with insurers involving coverage under D&O policies for securities class actions, shareholder derivative claims and breach of fiduciary duty claims.  Assisted clients in recovering millions of dollars for defense and settlement of employment discrimination suits under employment practices liability policies. 
  • Recovered $5 million on behalf of bank in claim against insurer which denied coverage under Financial Institution Bond for losses arising out of fraudulent loan transaction.
  • Represented numerous clients in litigation and ADR proceedings seeking coverage for product liability claims alleging exposure to asbestos, silica, and hazardous chemicals liabilities, resulting in recoveries in excess of $150 million.
  • Recovered $6 million on behalf of manufacturer in litigation against umbrella insurance company which denied coverage for employees’ bodily injury claims arising out of a plant explosion. 
  • Represented client in resolving coverage disputes with excess insurers and obtaining coverage from insurers for settlement of a national consumer class action involving client’s construction products.  Negotiations resulted in payments to client in excess of $20 million by insurers. 
  • Recovered millions of dollars on behalf of companies with respect to claims for coverage under commercial crime policies involving employee embezzlement and fraudulent invoicing schemes in the United States, South America and China.
  • Recovered $15 million on behalf of manufacturer in litigation against excess insurer who denied coverage for asbestos bodily injury claims on the grounds that all asbestos claims constituted a single $1 million occurrence. 
  • Represented owner of resort hotel, restaurant and marina in litigation against property insurer who refused to fully compensate client for property losses caused by wind storm.  Successfully negotiated a multi-million dollar settlement for client which fully paid for all property and business interruption losses. 

From June 2008 to June 2009, Mike served as president of the Cleveland Metropolitan Bar Association.  He also previously served as president-elect, vice-president, and a member of the board of trustees of the Cleveland Bar Association.  He is an active member of the American and Ohio Bar Associations and served as a trustee of the Cleveland Metropolitan Bar Foundation.  He currently serves as a member of the Ohio State Bar Association’s Insurance Coverage Law Specialty Board. 

Mike has been listed as one of The Best Lawyers in America for Insurance Law and Alternative Dispute Resolution, as an Ohio Super Lawyer for Insurance Law (2004 - 2011) and as a leader in his field by Chambers USA for litigation.  In 2010, Mike attained Life Member status with the Eighth District Judicial Conference and received the Champion of Justice award from the Ohio Association of Criminal Defense Lawyers as well as a Certificate of Recognition from The Supreme Court of Ohio for his contributions leading to the adoption of amendments requiring full and fair discovery under Ohio Criminal Rule 16.
 
Mike has spoken about and published articles on numerous topics including insurance coverage, bad faith, directors’ and officers’ liability, cyber risk and liability, business litigation, expert witnesses, the attorney-client privilege, and legal ethics. 
 
After graduating first in his law school class, Mike began practicing law with Calfee in 1979.  He became a partner with the firm in 1987, and was elected to its executive committee in 2007.