Max J. Louik

Max’s principal focus is advocating for the interests of his policyholder clients and maximizing their insurance recoveries. Max’s experience counseling policyholders runs the gamut, from litigating and arbitrating major coverage disputes to advising on insurance placement and renewals. He represents policyholders in matters involving comprehensive general liability (CGL) policies (including claims arising out of asbestos and environmental liabilities), first-party property and business interruption claims, aviation insurance, cyber coverage, directors’ and officers’ (D&O) coverage, employment practices liability insurance (EPLI), professional liability/errors and omissions (E&O) coverage, representations and warranties (R&W) insurance, COVID-19 insurance claims, and marine cargo insurance claims.

Experience

Representative matters

Air Lease Corporation, et al v. Certain Underwriters of Lloyd’s Syndicate 1969, et al., Case No. 22STCV39411 (and Related Cases 23STCV00680 and 23STCV04790) in the Superior Court of Los Angeles County, CA (Three related actions involving Aviation Insurance respecting aircraft and related assets detained in Russia following Russia’s invasion of Ukraine; resolved pursuant to confidential settlement agreements).

AmerisourceBergen Drug Corporation v. ACE American Insurance Company, ACE Property and Casualty Insurance Company, American Guarantee & Liability Insurance Company, Endurance American Insurance Company, and St. Paul Fire & Marine Insurance Company, in the Circuit Court of Boone County, West Virginia, No. 17-C-36.

Robindale Export, LLC v. Tokio Marine Kiln Insurance Ltd., Case No. 3024 of 2020 in the Court of Common Pleas of Westmoreland County, PA (action involving coverage for lost cargo under ocean marine open cargo insurance policy; resolved pursuant to confidential settlement agreement).

Certain Underwriters at Lloyd’s, London, et al. v. United States Steel Corporation, No. G.D. 12-000409 in the Court of Common Pleas of Allegheny County, Pennsylvania; pending action involving coverage for environmental liabilities.

Dein Properties, LP v. The Hanover Insurance Company, et al., No. 4102 Civil 2017 in the Court of Common Pleas of Monroe County, PA (coverage action under first-party property insurance policy for water damage caused by frozen pipes; resolved pursuant to confidential settlement agreement).

Plycem USA LLC d/b/a Allura and Elementia USA, Inc. v. James River Insurance Company, District Court for Harris County, Texas, Cause No. 2020-12543.

Advice to California grocery chain concerning coverage under employment practices liability policy for lawsuit brought by former employee.

Advice to financial services company specializing in purchasing structured settlement, annuity payments, and lump-sum lottery payments under “Bankers Edge Bankers Professional Liability Coverage” in connection with putative class action alleging causes of action under RICO, as well as claims for unjust enrichment and breach of fiduciary duty.

Advice to national pharmacy chain regarding coverage under privacy injury cover, media liability cover, privacy event expense cover, professional liability cover, umbrella & excess cover, and crime cover in connection with former employee’s theft (and possible disclosure) of personal medical information.

Advice to LLC concerning coverage under Healthcare Facilities & Providers Plus policy for two lawsuits alleging bodily injury sustained at clinics.

Represented various policyholders involved in insurance litigation against multiple insurers for coverage of asbestos-related product liabilities under historic general liability policies.

Represented policyholder in tortious interference case against so-called “retroactive” reinsurers, as well as in related arbitrations against insurance companies.

Represented oil and gas company seeking insurance recoveries in connection with liabilities resulting from well collision.

Represent numerous insureds in pursuit of business interruption claims for slow-downs and closures relating to COVID-19

Represent policyholder seeking to maximize insurance recovery under EPLI policy for defense and settlement costs arising out of workplace discrimination claim

After an eight-day AAA arbitration, defeated claims brought by multibillion-dollar health care provider against health care worker placement agency seeking $55 million in compensatory and punitive damages predicated on contractual indemnification, common law indemnification, fraud, and negligence actions.

Represented aluminum manufacturer in successful international dispute involving breach of contract and breach of warranty.

Represented metals manufacturer in international arbitration in the defense of claims arising out of a mining services contract.