Thomas D. Cunningham

Representative matters include:

• Trial counsel in ongoing $165 million insurance coverage action. Continental Cas. Co., et al. v. BorgWarner Inc., et al., No. 04 CH 01708 (Cook Cty, Ill.).
• Trial counsel in $21 million reinsurance jury action; case settled on eve of trial after favorable pre-trial rulings. Lamorak Ins. Co. v. Certain London Market Company Reinsurers, No. 18-10534 (D. Mass. Feb. 2022).
• Trial counsel in reinsurance dispute where jury returned a verdict in excess of $16 million after two-week trial. Utica Mut. Ins. Co. v. Clearwater Ins. Co., No. 6:13-cv-1178 (N.D.N.Y. Jul. 2021).
• Trial counsel for health insurer in Affordable Care Act litigation. Secured $120 million judgment within four months of filing suit. Cigna Health and Life Ins. Co., et al., v. U.S., No. 20-546 (Ct. Cl. Aug. 2020).
• Trial counsel representing CEO of healthcare concern in $105 million dollar contract dispute. Stacy v. ASR, et al., No. 16-1224 (W.D. Mich.).
• Trial counsel in reinsurance dispute where jury returned a verdict in excess of $64 million after three-week trial. Verdict was third largest awarded in New York in 2017. Utica Mutual Insurance Co. v. Fireman’s Fund Ins. Co., No. 6:09-cv-00853 (N.D.N.Y.).
• Replaced prior counsel in defense of bad faith lawsuit ongoing for two years respecting insurer’s case reserves and IBNR practices. Within three months of my appointment, secured ruling requiring plaintiffs to post millions in pre-pleading security or face dismissal of their action. The case settled shortly thereafter. Francis L. Dean & Assocs. v. Riverport Ins. Co. (Cir. Ct Cook Cty, Ill. Nov. 2015).
• Replaced prior counsel one month before written discovery closed in a fraud action against third party administrator of health claims. Developed new theory from existing evidence. Case settled favorably after depositions bore out our theory. Trustmark Ins. Co. v. UnitedHealthCare, et al., No. 09-6825 (N.D. Ill. 2012).
• Trial counsel in reinsurance dispute over $900 million asbestos settlement. Secured favorable settlement following successful discovery motions. United States Fid. & Guar. Co., et al. v. American Re-Ins. Co., et al., No 604517/02 (N.Y. Cty.)
• AcandS, Inc. v. Aon Risk Services, No. 01-3277 (E.D. Pa.). Brought on as trial co-counsel after close of discovery in insurance broker malpractice case. Secured complete defense verdict at trial, as well as a finding of negligence against policyholder.
• Trial counsel in over 30 confidential reinsurance arbitrations.