Dale T. Miller

Representative Matters

In addition to many confidential matters representing U.S. and foreign insurers and reinsurers in connection with complex, high-severity product and non-product liability claims under policies issued in London, Bermuda and US:

Colony Insurance Company v. First Specialty Insurance Corp. (Mississippi) Lead counsel for defendant in equitable contribution action; obtained summary judgment in S.D. Miss.; Affirmed by 5^th Cir. after favorable outcome on certified questions by Mississippi Supreme Court

Gerling Global v. CNA Re, Arbitration (New York) Claim by Gerling for recovery of reinsurance proceeds (no arbitration confidentiality agreement); lead arbitration counsel for reinsurer; obtained rescission on two of four reinsurance contracts

Hartford Acc. and Indem. v. Ace American Re., (Waterbury, Conn) Claim by Hartford for recovery of reinsurance proceeds for asbestos and environmental losses; obtained “no bond” determination on demand for $185 million in pre-pleading security; deposed five of six Hartford trial witnesses; assisted in drafting motions for summary judgment

Nicor Gas Co. v. Aegis, Cir. Ct. of Cook Cty. (Chicago) (Chicago) Claim for costs of remediating liquid mercury spilled in some 1,100 homes over a 40 year period; took lead role in all aspects of case; summary judgment granted to Nicor in trial court; reversed and summary judgment entered for insurers on appeal; judgment for insurers affirmed by Illinois Supreme Court

Nicor Gas Co. v. Aegis, Cir. Ct. of Cook Cty. (Chicago) Environmental coverage action by Nicor Gas for manufactured gas plant cleanup costs; lead counsel for London Insurers and lead counsel in case; obtained summary judgment in trial court; affirmed on appeal; case settled while appeal pending

Ormet Aluminum v. London Insurers, (Monroe County, Ohio) Environmental cleanup action by aluminum smelter; took lead role in depositions and summary judgment briefing; summary judgment granted for insurers on eve of trial; affirmed on appeal; affirmed by Ohio Supreme Court

Dow Corning v. Associated Indem., (Detroit) Principally responsible for developing and executing strategy for insurance contract-related discovery; obtained key admissions from every former Dow Corning insurance manager and Dow’s brokers in $1.5 billion case; principal author of motion for summary judgment that established, in the absence of Michigan precedent, that Dow had affirmative obligation to disclose all facts material to the risk without inquiry from insurers; case settled prior to trial

American Home Products v. The Home, (NJ and NY)  Environmental coverage action by American Home Products/Wyeth; obtained key admissions in depositions of insurance manager and broker; case settled for minimal sum shortly thereafter

Kerr-McGee v. The Home, (Oklahoma City) Claim by Kerr-McGee for coverage of environmental remediation costs; handled depositions of brokers and insurance personnel, managed million+ page document production and drafted brief regarding “sudden and accidental” pollution exclusion and fortuity requirement; summary judgment grated to Kerr-McGee in trial court; reversed and summary judgment granted for insurers in Oklahoma Supreme Court

Associated Indem. v. The Home, E.D. Mich. (Saginaw, MI) Claim by Fireman’s Fund to compel umbrella and excess insurers to share $50 million in defense costs paid to Dow for Sarabond litigation; as lead counsel, obtained two Rule 12(b)(1) dismissals of claim, which was not re-filed

Dow v. Associated Indem., E.D. Mich. (Saginaw, MI) Coverage for Dow’s Sarabond mortar additive involving some 1200 buildings, bridges and tunnels with stress cracks due to alleged corrosive effect of Sarabond on rebar; numerous depositions and primarily responsible for preparing initial drafts of successful summary judgment motions regarding timing of occurrence

Education

J.D., Vanderbilt University
B.A., Philosophy, Albion College