Matthew M. Burke
Matthew represents insurers in all aspects of business insurance, with a particular emphasis on clients’ high-stakes coverage litigation stemming from natural catastrophes, terrorist attacks, and professional liability. Matt provides clients with 20+ years of experience litigating first-party property and professional indemnity coverage actions, bad faith claims, and insurer cost recovery and contribution actions. Client successes include representing London insurers in the Port Authority of New York and New Jersey’s $1 billion asbestos-in-building case, and litigating the largest repetitive strain railroad coverage case in the country. In addition to his litigation work with clients, Matt regularly advises large U.S. insurers on professional indemnity claims and the underwriting and drafting of property, professional liability, directors & officers, and other forms of insurance. His practice also extends to broader business disputes and significant pro bono involvement, including his service as lead attorney in a pro bono civil rights action brought against the City of Atlanta which resulted in changes to police officer training.
- National Railroad Passenger Corp. v. Arch Specialty Insurance Co.: Successfully obtained summary judgment on two key issues on behalf of insurers challenging Amtrak’s insurance claim for over $1.1 billion in losses it allegedly sustained as a result of Hurricane Sandy. Amtrak alleged damage to the East River and North River Tunnels, which Amtrak owns and which run into Manhattan’s Pennsylvania Station. Following argument, the Second Circuit affirmed the decision.
- MTA Hurricane Sandy Coverage Claim: Represented London and Bermuda reinsurers in connection with claim in excess of $3 billion for damage to rail yards and lines from Hurricane Sandy.
- Confidential Arbitration / Managed Care: Represent London Market excess insurers in a $15 million professional indemnity claim brought by a health insurer seeking coverage for settlement of two class actions alleging antitrust violations.
- Obtained declaratory relief in federal court on behalf of insurer, limiting coverage for seven lawsuits filed against law firm over a three-year period to a single limit of liability. The district court granted insurer’s motion for summary judgment, holding that underlying actions constituted a single claim subject to a single per-claim limit of liability. The decision is currently on appeal in the Ninth Circuit.
- Coordinating counsel for professional indemnity coverage claims involving flawed tax shelter advice by insured law firms. Collectively, the claims seek hundreds of millions of dollars in limits. We coordinate the overall strategy and legal analysis of eight firms handling specific accounts.
- Coordinating counsel for insurers of large law firm in connection with multiple actions filed in U.S. and other jurisdictions arising out of Ponzi scheme operated by law firm client.
- Port Authority of NY & NJ v. Affiliated FM Ins. Co., et al.: Managed London Market insurers defense of a $500 million claim by the Port Authority of New York and New Jersey against property insurers for removal of asbestos from hundreds of buildings in the New York metropolitan area resulting in a complete victory for the property insurers.
- WTC Captive Ins. Co., Inc. v. Liberty Mutual Fire Ins. Co., et al.: Represented Liberty Mutual in coverage action seeking defense of City of New York and various contractors against claims arising out of cleanup of the World Trade Center, negotiating a favorable settlement.
- Professional Indemnity Coverage Litigation: Represent London Market insurers in $50 million professional indemnity claim by an HMO seeking coverage for settlement of a nationwide class action alleging RICO and other violations in the payment for medical services.
- Pfizer S.A. v. Almacenes Generales De Depósito Mercantil S.A. Almacenar: Obtained recovery in excess of $10 million (U.S.) in arbitration in Bogota, Colombia in subrogation claim arising out of pharmaceutical warehouse fire.
- Bad Faith Litigation: Successfully defended bad faith claims seeking damages in excess of $700,000 against insurers arising out of Hurricane Katrina and the handling of health hazard claims.
- Norfolk Southern Corp. v. Certain Domestic Insurance Companies, et al.: Litigated novel coverage issues concerning thousands of FELA claims relating to repetitive stress and deleterious substances, the largest repetitive strain railroad coverage case in the country.
- Logan Airport Wrap-up Insurance Program: Coordinating defense of construction claims against owner and contractors at major international airport under an ownercontrolled insurance program.
- Insurer Contribution Actions: Pursuing equitable contribution claims on behalf of various London Market insurers seeking recovery from co-insurers of payments made on asbestos claims.