Michael Pope Secures Unanimous Third Circuit Victory for Bituminous Casualty Corporation

McDermott secured an important victory for Firm client Bituminous Casualty Corporation (Bituminous) this week in an insurance bad faith lawsuit on appeal before the U.S. Court of Appeals for the Third Circuit.

In the case, Nicholas and Victoria Maccari v. Bituminous Casualty Corporation, the plaintiffs claimed that Bituminous, a casualty insurer based in Rock Island, Illinois, had unreasonably delayed paying their $1 million underinsured motorist claim following an automobile accident. The plaintiffs alleged that Bituminous' conduct amounted to reckless indifference to their rights under the policy, and as relief sought millions of dollars in punitive damages.

The plaintiffs were represented by a leading Delaware plaintiffs' lawyer who specializes in suing insurance companies. On October 19, 2010, District Court Judge Gregory Sleet granted summary judgment in Bituminous' favor, thereby dismissing the case and denying the plaintiffs any recovery. On appeal, the U.S. Court of Appeals for the Third Circuit unanimously affirmed that summary judgment on October 11, 2011, concluding that the plaintiffs could not even establish unreasonable conduct, much less the egregious behavior required to obtain punitive damages.

The McDermott Trial team was headed by partner Michael A. Pope and included partner John A. Litwinski and associate Jonathan C. Huckabay. McDermott trial alumna Susan Wood Waesco of Morris, Nichols, Arsht & Tunnell LLP served as Delaware local counsel in the lawsuit.

McDermott’s Trial Practice Group takes on, and consistently wins, the most demanding cases for clients. McDermott's skilled trial lawyers have a deep understanding of substantive areas of the law. This knowledge combines with the Firm’s breadth of courtroom experience to position its lawyers for trial or to resolve matters short of trial if that is more advantageous. McDermott's Trial Practice Group includes several members of the American College of Trial Lawyers, former Assistant U.S. Attorneys and Department of Justice lawyers, as well as former members of the U.S. Federal Trade Commission (FTC), the Securities and Exchange Commission (SEC), the Department of the Treasury, the Internal Revenue Service (IRS), the Commodity Futures Trading Commission (CFTC) and the Department of Commerce. More than 50 McDermott lawyers have previously served as judicial law clerks.