Marc counsels and represents insurers in connection with complex coverage matters arising under a wide variety of professional liability and crime policies as well as fidelity products.
- Represents insurers in coverage litigation in federal and state courts across the country, including litigation involving allegations of bad faith and seeking extra-contractual and statutory damages.
- Counsels insurers on issues relating to a broad array of professional liability lines of coverage, including private and public company directors and officers, technology, media, and lawyers lines.
- Advises clients with respect to matters arising under crime policies and fidelity bonds, including claims and losses resulting from traditional and cyber-based employee theft and third-party fraud.
- Assists insurance carriers with developing, drafting, and revising policies that provide first-party and third-party coverage for businesses in the technology, banking, health, and media sectors.
- Serves as coverage and monitoring counsel in connection with claims and losses arising under various types of professional liability, employment practices liability and crime policies, including claims involving securities fraud, technology-based products and services, computer network security breaches, data loss, online and offline media content activities, workplace torts and discrimination, and legal and medical malpractice.
- Selected cases include:
- Obtained summary judgment in California federal court that assault and battery exclusion in events policy was unambiguous as a matter of law and barred coverage for a negligence action arising from a stabbing that occurred at the insured event. Certain Underwriters at Lloyd’s of London Subscribing to Policy No. EH7713140 v WorldOne Presents, LLC, 2019 WL 4747708 (E.D. Cal. Sept. 30, 2019).
- Retained by insurer two weeks before scheduled mediation to negotiate resolution of allegations of bad faith asserted in coverage action that had been pending in federal district court for nearly eighteen months. The allegations concerned the insurer's purported wrongful refusal to defend insured against employment discrimination claim based on the insured's failure to satisfy the retention under the policy. A confidential settlement was reached at the mediation.
Obtained summary judgment determining that quality of services exclusion in a technology errors and omissions policy barred coverage for a lawsuit arising out of the insured online auction service’s alleged misrepresentations concerning the safety and reliability of its auctions. Equipmentfacts, LLC v. Beazley Ins. Co., 2016 WL 119651 (M.D. Fla. Jan. 12, 2017).
Christensen v. Darwin Nat'l Assurance Co., No. 2:13-CV-00956-APG-VCF, 2014 WL 1628133 (D. Nev. Apr. 14, 2014), aff’d No. 14-15914, 2016 WL 1128033 (9th Cir. Mar. 23, 2016): In the district court, obtained summary judgment for insurer, holding that business enterprise, trust and investment advice exclusions in a lawyer’s professional liability policy barred coverage for claim against insured attorney for alleged self-dealing and related misconduct. Following oral argument, appellate court affirmed summary judgment ruling and rejected insured’s argument that the district court judge should have recused himself.
- Obtained Fifth Circuit reversal of adverse district court decision finding coverage under a lawyers professional liability policy. The appellate court concluded that claim against insured lawyer for restitution of funds paid as part of a settlement fraudulently induced by his client did not trigger coverage because it did not “arise out of an act or omission . . . in [the lawyer’s] rendering of or failure to render legal services.” Edwards v. Cont’l Cas. Co., 841 F.3d. 360 (5th Cir. Nov. 2, 2016).
Singletary v. Beazley Ins. Co., Inc., No. 2:13-cv-1142, 2013 WL 6850147 (D.S.C. Nov. 5, 2013), aff’d 585 Fed. App’x 177 (4th Cir. Oct. 27, 2014): In the district court, obtained summary judgment for insurer on grounds that (i) amounts sought by government agency from insured did not constitute covered "loss" under the policy, because such amounts represented amounts owed under an express written contract, and (ii) claim for bad faith could not be sustained where insurer reasonably relied on terms of policy to deny coverage. Appellate court affirmed summary judgment ruling and upheld district court’s refusal to alter or amend the judgment.
- Scott J. Pias v. Continental Cas. Co., No. 2:13-CV-00182-PM-PJH (W.D. La. Aug. 6, 2013) (obtained judgment on the pleadings on a matter of first impression under Louisiana law that a lawyer's professional liability policy did not provide coverage for what the court characterized as a fee dispute with a former client, both because no "legal services" were alleged and because the relief sought did not constitute "damages").
- Navigators Ins. Co. v. Baylor & Jackson, PLLC, 888 F. Supp. 2d 55, No. 12-cv-242, 2012 WL 3683011 (D.D.C. Aug. 28, 2012) (represented an insurance carrier in coverage litigation and obtained summary judgment that policy exclusion for claims based on or arising out of the loss or misappropriation of assets within an insured control barred coverage for six lawsuits that arose out of the insured law firm's participation in an alleged fraudulent investment scheme).
- Capitol Specialty Ins. Corp. v. Sanford, Wittels & Heisler, LLP, et al., No. 10-cv-2079 (D.D.C. June 27, 2011) (obtained summary judgment that the prior knowledge provision in a lawyer's professional liability policy was not satisfied because prior to the policy's inception the insured law firm had knowledge of circumstances that might reasonably be expected to be the basis of a claim).
- Assistant U.S. Attorney, U.S. Attorney's Office for the District of Columbia (1999-2002). Investigated, litigated, tried, and argued numerous criminal cases on behalf of the United States at the grand jury stage, the motions phase, at trial, and on appeal in both federal and local courts
- American Bar Association (ABA)
- District of Columbia Association of Assistant U.S. Attorneys
- Professional Liability Underwriting Society (PLUS)
- Named one of DC's "Super Lawyers" for Insurance Coverage by Super Lawyers magazine (2016-2018)
J.D., magna cum laude, American University Washington College of Law
B.A., cum laude, University of Delaware
- Law Clerk for the Honorable John A. Terry, District of Columbia Court of Appeals (1997-1998)
Bar and Court Memberships
- District of Columbia Bar
- Maryland Bar
- U.S. Courts of Appeals for the First, Second, Fourth, Fifth, Ninth, and District of Columbia Circuits
- U.S. District Courts for the District of Colorado, District of Columbia, District of Maryland, and Middle District of Pennsylvania
Related News & Insights
- Article‘Relatedness’ Issues Under Cyber Insurance PoliciesPLUS JournalMarc E. Rindner, Edward R. BrownAugust 2017
- ArticleDealing With 'Relatedness' Under Cyberinsurance PoliciesLaw360Edward R. Brown, Marc E. RindnerMarch 23, 2017
- ArticleExtent of Insurer’s Duty to Start Settlement DiscussionsLaw360Nicole Audet Richardson, Marc E. RindnerOctober 28, 2015
- EventFidelity & Crime Coverages: Keeping Up With Cyber Exposures & Trends?2013 PLUS International ConferenceNovember 5, 2013