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Overview

James’ primary focus is providing insurance coverage services to corporate policyholders. He also represents closely held and publicly traded business clients on a variety of other matters, including:

  • Litigating contract, business tort, and equitable claims
  • Advising on contract interpretation
  • Facilitating alternative dispute resolution efforts

James has litigated in many Ohio appeals and trial courts, as well as numerous federal trial and appeals courts.

James is one of 24 Ohio lawyers certified as an insurance law specialist by the Ohio State Bar Association. Multiple times he has served as an expert witness on insurance coverage issues.

Since 2020, James has been recognized for his work in Insurance Law (Ohio) by Chambers USA, most recently ranked in 2022 in Band 1. Chambers USA researchers noted, "[James] is held in high esteem for his approach to complex recovery claims, which sees him handle a wide range of coverage disputes."

Clients interviewed by Chambers USA said, "James is very technically sound. He has experience with different insurance companies so he knows how they operate. He is very practical, very clear-eyed, can really read the situation well and has done a very good job. He is conscious of managing time for cost reasons. Our go-to guy on any insurance question. He understands the issues quickly, provides targeted, concise advice to complex issues, and is an outstanding negotiator skilled in working with insurance adjusters and their counsel. He is eager to learn about our business and that pays dividends in the quality of his work. He is able to communicate complex issues effectively. James is the most intelligent, hard-working and consistent coverage attorney I have worked with."

Chambers USA 2020 researchers praised James for his "sophisticated and diplomatic approach to complex recovery claims, which sees him handle a wide range of coverage disputes. One source reports, 'He does an excellent job in analyzing situations and getting a good result. He is smart, well respected and capable in the courtroom.'"

He was named Best Lawyers® 2018 Insurance Law "Lawyer of the Year" in Cleveland. He has been selected to The Best Lawyers in America© list since 2017. Additionally, James has been selected for inclusion by Ohio Super Lawyers to the "Top 100 Attorneys in Ohio" list (2015-2022) and to the "Top 50 Attorneys in Cleveland" list (2015-2020, 2022).

James joined Calfee in 2001, and was elected Partner in 2010. He serves as Chair of Calfee’s Associates Committee and is a member of its Associate Compensation Committee; Diversity, Equity & Inclusion Committee; and Practice Planning & Growth Committee. He also serves as a formal and informal mentor to other Calfee attorneys.

 

Honors & Recognitions

  • Chambers USA 2022, Insurance, Band 1, Ohio
  • The Best Lawyers in America©, Commercial Litigation, Insurance Law, Litigation - Insurance (2017-2022)
  • The Best Lawyers in America© Insurance Law "Lawyer of the Year" in Cleveland (2018)
  • Ohio Super Lawyers (2014-2022)
    • Top 100 Attorneys in Ohio List (2015-2022)
    • Top 50 Attorneys in Cleveland List (2015-2020, 2022)

Education

Certified “Insurance Law Specialist” by the Ohio State Bar Association

J.D., University of Virginia School of Law, 2001

B.A., Philosophy, magna cum laude, John Carroll University, 1998

Experience

Experience

Insurance Policyholder Recovery and Counseling Services

James has been litigating on behalf of and counseling insurance policyholders on coverage matters since 2004. More than 90% of James’s practice is devoted to representing policyholders.

He has experience with a wide array of insurance policy types, including the following:

  • Commercial general liability (CGL) (including for long-tail claims like asbestos and environmental)
  • Umbrella
  • Excess
  • Discontinued operations
  • Property
  • Business interruption (including business income and extra expense)
  • Directors & officers (D&O)
  • Side-A excess
  • Difference in conditions (DIC)
  • Tail & nose coverages
  • Professional services
  • Errors & omissions (E&O)
  • Fiduciary/employee benefits
  • Trustee
  • Employment practices (EPL)
  • Stop-gap
  • Captive
  • Risk retention group (RRG)
  • Representations and warranties (RWI)
  • Pollution legal liability (PLL)
  • Environmental liability
  • Contingent liability
  • Tax indemnity
  • Medical malpractice
  • Legal malpractice
  • Employed lawyers
  • Public entity
  • Educators legal liability (ELL)
  • Cyber (first-party + third-party)
  • Business crime
  • Employee theft
  • Fidelity bond
  • Sexual misconduct & molestation
  • Surety
  • Liquor
  • Fine art
  • Aviation
  • Commercial auto
  • Equipment breakdown
  • Event cancellation
  • Business trip interruption
  • Special events
  • Parametric/index-based

Representative sample of recent services James has provided to insurance policyholder clients:

  • 2022 – Advising publicly traded advisory services client on late-notice dispute with high-level excess insurer regarding losses exceeding $5 million.
  • 2022 – Advising health system captive with respect to reinsurance claim pertaining to $25 million loss.
  • 2022 – Counseling internationally-owned sporting goods company with respect to cyber coverage claim for federal intelligence agency investigation regarding theft of thousands of customer credit cards numbers.
  • 2021-2022 – Pursuing a business interruption and property loss insurance claim on behalf of retail bakery vandalized and looted in 2020 rioting following a civil rights protest.
  • 2021-2022 – Litigating on behalf of nursing home client to overcome denial of coverage and efforts to rescind policy in light of operational disruptions resulting from COVID-19 governmental shutdown orders.
  • 2021-2022 – Counseling manufacturer of consumer goods on ocean cargo insurance policy claim to obtain millions in coverage for cargo spoiled due to lengthy delays resulting from worldwide shipping crisis.
  • 2021-2022 – Assisting private international aerosols manufacturer secure insurance coverage for environmental regulatory investigation.
  • 2020-2022 – Advocating for numerous policyholder clients with respect to COVID-19 business interruption losses under commercial property insurance policies, including for National Football League (NFL), Major League Soccer (MLS), state universities, health systems, restaurant, and hospitality entities, among others.
  • 2020-2022 – Representing religious organization with respect to insurance coverage for multiple third-party lawsuits collectively seeking tens of millions of dollars, including matter that has evolved into federal insurance coverage lawsuit.
  • 2020-2022 – Litigating long-tail environmental insurance coverage disputes, including federal lawsuit, on behalf of privately held fluid system products manufacturer with respect to historical insurance program with limits totaling in excess of $100 million.
  • 2020-2021 – Represented private equity fund and platform company in connection with securing representations and warranties (RWI) and employment practices liability (EPL) insurance coverage for a class action involving international plaintiffs.
  • 2020 – Designed and implemented D&O strategy to assist client in efforts to collect $1 million-plus judgment against otherwise uncollectible entity.
  • 2019-2021 – Litigated to settlement two related lawsuits in Ohio and Nebraska federal courts seeking to recover from various insurers (including a fidelity bond issuer) over $24 million in losses stemming from an alleged Ponzi scheme.
  • 2019-2022 – Represented sports turf manufacturer and installer in insurance coverage litigation and settlement negotiations pertaining to cancelation of 2016 NFL Hall of Fame football game at Pro Football Hall of Fame in Canton, Ohio.
  • 2019-2021 – Advocated on behalf of hospital health system to recover D&O insurance proceeds to indemnify against multi-million settlements.
  • 2019-2022 – Assisting publicly traded healthcare client with development and implementation of strategies to recover in excess of $20 million from insurance companies for nationwide environmental claims asserted by regulatory agencies and individual claimants.
  • 2019-2021 – Litigated and settled additional insured rights and contractual indemnification rights on behalf of publicly traded power company against national service provider pertaining to bodily injury claim seeking tens of millions of dollars.
  • 2019-2020 – Advised seller client on preserving rights to insurance assets for pending third-party claim posing existential threat to M&A transaction acquisition target.
  • 2019-2021 – Helped U.S. and international hotel chain with its efforts to secure coverage from various insurers to defend against anti-trust litigation.
  • 2019-2020 – Counseled client on interplay among private equity fund’s financial services liability policy, portfolio company’s D&O policy and corporate indemnification agreements in connection with anticipated third-party claim.
  • 2019 – Assisted client with development of strategy for pursuing over $20 million in cyber-attack losses from a combination of a cyber insurance policy and a third-party indemnitor.
  • 2019 – Advised private jet client on potential formation of captive liability insurer.
  • 2018-2022 – Helping chemical and solvents manufacturer protect approximately $4 million in captive insurer assets in connection with claim triggering multiple policies, including non-captive policy years.
  • 2018-2022 – Assisting manufacturing client in efforts to secure tens of millions of dollars in CGL and excess insurance for alleged catastrophic failure of client’s products affecting medical facility.
  • 2018-2022 – Advocating for large public university in efforts to secure insurance coverage for sexual misconduct allegations.
  • 2018-2021 – Advised client in health services sector on multi-million-dollar claims under multiple lines of insurance.
  • 2018-2021 – Helped publicly-traded company secure and administer D&O and EPL coverage for SEC investigation.
  • 2018-2022 – Advising high-net-worth family trustee client on design and implementation of comprehensive D&O and professional liability/E&O insurance program.
  • 2018-2019 – Litigated alleged "late notice" denial of $2 million-plus coverage claim under CGL policy for home hardware component supplier.
  • 2018-2019 – Assisted with design and implementation of insurance coverage strategy for talc litigation for home-improvement goods manufacturer.
  • 2018 – Helped client negotiate with Ohio Department of Insurance regarding potential establishment of risk retention group (RRG) pursuant to Ohio’s RRG statutes.
  • 2018 – Represented steel product manufacturer in efforts to secure legacy CGL coverage for asbestos litigation.
  • 2018 – Advised client on CGL coverage protections for ongoing litigation spanning closing of stock purchase transaction.
  • 2018-2019 – Advised multiple seller M&A clients on management of discontinued operations liability protections in connection with asset deals.
  • 2018 – Represented Chinese manufacturer client against insurance subrogation claim.
  • 2018 – Advised pump manufacturer on structure of insurance coverage program, including public-company D&O, EPL, fiduciary, crime and excess policies.
  • 2018 – Helped design insurance coverage program to protect against first-party and third-party risks associated with construction of entertainment facility on property owned by nationwide celebrity.
  • 2017-2022 – Helping company in medical insurance sector administer defense and indemnification claim under primary and excess E&O policies in municipal-law class action seeking an estimated $60‑70 million in alleged damages.
  • 2017-2022 – Helping New York-based consumer product manufacturer and supplier for top big-box retailers secure millions of dollars of CGL insurance coverage for multiple consumer and municipality class-actions filed nationwide.
  • 2017-2019 – Assisted with $15 million aviation insurance policy claim in connection with fatal aircraft incident.
  • 2017-2018 – Represented lawn-care goods manufacturer in seven-figure dispute with property insurer over interpretation and application of deductible language in commercial property insurance policy.
  • 2017-2018 – Advocated for manufacturing client in efforts to secure additional-insured status under third-party’s CGL program to fund defense and indemnification of death and severe bodily injury claims.
  • 2017-2018 – Persuaded insurer to reverse denial of duty to defend toxic tort lawsuit by municipality seeking millions of dollars in damages.
  • 2017-2018 – Represented insurance broker in connection with subrogation claim against insurer that wrongfully denied coverage under specialty liability policy.
  • 2017 – Served as expert insurance coverage witness in the United States District Court for the Northern District of Ohio regarding rights and obligations under a captive professional liability insurance policy.
  • 2017 – Advised commercial real estate company on key property insurance coverage issues in connection with losses sustained during Hurricane Maria.
  • 2017 – Assisted specialty chemicals manufacturer secure millions of dollars in CGL defense and indemnity coverage in connection with construction manufacturing defect claims.
  • 2017 – Helped design strategy for successfully sidestepping pollution exclusion raised by insurers for Ohio flooring manufacturer.
  • 2016-2022 – Regularly advise numerous M&A clients on placement of RWI coverage.
  • 2016-2021 – Guided health sector client through dispute with third party seeking to waive client’s rights with respect to approximately $125 million in limits under medical professional liability insurance.
  • 2016-2022 – Defending captive insurer of publicly traded power management company in litigation against claims by various traditional-market insurers seeking to shift historical asbestos liabilities in part onto captive.
  • 2016-2017 – Helped secure seven-figure recovery under D&O policy following arbitrated dispute involving disputes over loss allocation and identity of insureds.
  • 2015-2022 – Assisting Fortune 500 company with design and administration of insurance coverage program for asbestos claim portfolio.
  • 2015-2017 – Aided professional sports franchise with efforts to secure insurance coverage for class action under CGL, stop-gap employers liability and excess workers compensation policies.
  • 2014-2022 – Assisting performance materials manufacturer in coverage in place agreement negotiations with multiple insurers regarding asbestos and other toxic tort long-tail claims.
  • 2013-2022 – Assisting performance materials manufacturer in management of international insurance program, including review of coverage placements and asbestos claim coverage under historical policies.
  • 2011-2022 – Managing asbestos and benzene product liability insurance coverage claim program on behalf of former automotive product manufacturer.

Professional & Community

Professional & Community

  • Greater Cleveland Food Bank, Long-time Supporter
  • High School Student Mentor for City of Cleveland and Junior Achievement
  • Cleveland Metropolitan Bar Association’s Insurance Law Section, Past Chair
  • Legal Aid, Numerous Pro Bono Representations of Under-Served Clients
  • Cleveland Metropolitan Bar Association’s Committee on Mental Health and Wellness, Annual Seminar Presenter and Past Chair
  • 2008 Cleveland Bridge Builders Civic Leadership Program, Alumnus
  • Assistant Youth Soccer Coach

Presentations & Publications

Presentations & Publications

James speaks and writes regularly, including:

  • 14 insurance coverage presentations in past two years for clients, insurance brokers, Ohio State Bar Association, Cleveland Metropolitan Bar Association, and Akron Bar Association
  • Co-authored articles included in the Cleveland Metropolitan Bar Association’s 2021, 2020, and 2019 Insurance Law editions of its monthly "Bar Journal" periodical
  • Quoted in a multiple national articles on insurance coverage topics, including approximately 10 articles pertaining to COVID-19 issues

News & Events

News

PDF

Licensed In

  • Ohio

Court Admissions

  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the District of Nebraska
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Supreme Court

"James is the most intelligent, hard-working and consistent coverage attorney I have worked with."

Client quote from Chambers USA 

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