Michael R. Nelson

Michael Nelson is Chairman of NLdH. Mr. Nelson concentrates his law practice on complex insurance matters involving insurance class actions, insurance regulatory matters, reinsurance and bad faith/extracontractual claims. He analyzes insurance coverage and defends claims in matters involving complex coverages, such as first-party property, recission, construction defects, environmental matters, director and officer liability, errors and omissions, personal injury/advertising injury, and life/health/disability. He has represented insurers and reinsurers in matters of complex litigation in multiple jurisdictions throughout the country.

Mr. Nelson actively participates in a number of legal associations and brings his expertise in insurance matters and corporate defense work to organizations such as the Federation of Defense & Corporate Counsel (FDCC), Lawyers for Civil Justice (LCJ) and The Defense Research Institute (DRI). Mr. Nelson is frequently asked to speak before insurance industry trade groups such as the Property Loss Research Bureau (PLRB), International Association of Special Investigation Units (IASIU), The Defense Research Institute and Property Casualty Insurers Association of America (PCI). He has testified in Washington, D.C. concerning amendments to the Federal Rules of Civil Procedure on several issues, including class actions and electronic discovery. Mr. Nelson proactively addresses regulatory issues on behalf of the insurance industry by regularly attending conferences and providing commentary before the National Association of Insurance Commissioners (NAIC). He has been awarded Martindale-Hubbell's highest rating of A.V.

Prior to becoming a lawyer, Mr. Nelson worked for eleven years for MetLife's Property & Casualty Company in its King of Prussia, Pennsylvania office. At MetLife, he was actively involved in all aspects of claims adjusting, and during his last three years, managed the King of Prussia, Claims Office, which was responsible for a six state region.

Mr. Nelson has been actively involved in litigation relating to auto insurance and the cost of automobile repair for 15 years. During the 1980s, he was certified on I-CAR issues while acting as an automobile estimating supervisor for the MetLife Property & Casualty office in the King of Prussia/Philadelphia region. Prior to becoming an automobile adjuster in 1981, Mr. Nelson worked in a number of body shops, including several his family owned or managed. In essence, he has been involved in automobile repair and insurance matters since he was a child.

Since becoming a lawyer, Mr. Nelson has been involved in auto insurance class actions involving issues related to diminished value, aftermarket parts, proper repair-estimating methods, steering, unfair and deceptive trade practices, total loss valuations, and other concerns automobile insurers and repairers grapple with on a daily basis. Mr. Nelson regularly attends NACE meetings and is actively involved in monitoring those topics affecting insurers and automobile repairers. Nelson Levine de Luca & Horst also publishes a periodical which is highly regarded by the industry called Up to Speed.

Mr. Nelson has also been involved in class action matters concerning anti trust, premium pricing practices, property coverages, underinsurance coverage, injury cost containment and policy coverage offerings.

Public Testimony

Testimony regarding proposed rule changes to Federal Rules of Evidence 56 (summary judgment and expert discovery) before the Judicial Conference Committee on Rules of Practice and Procedure, February 2, 2009, San Francisco, CA

Testimony regarding proposed rule changes to Federal Rules of Evidence 502 (selective waiver of privilege and e-discovery) before the Judicial Conference Committee on Rules of Practice and Procedure, January 29, 2007, New York, NY

Testimony regarding proposed rule changes to Federal Rules of Civil Procedure 26 (E-discovery) before the Judicial Conference Committee on Rules of Practice and Procedure, February 11, 2005, Washington, DC

Testimony regarding proposed rule changes to Federal Rules of Civil Procedure 23 (Class Actions) before the Judicial Conference Committee on Rules of Practice and Procedure, August 2001, Washington, DC

Professional Associations and Memberships:

• Federation of Defense & Corporate Counsel, Board of Directors, Vice President
• Federation of Defense & Corporate Counsel, Task Force on Civil Discovery Chair
• Federation of Defense & Corporate Counsel, Evaluation Committee
• Federation of Defense & Corporate Counsel, P&O Committee, Vice Chair
• Federation of Defense & Corporate Counsel, Vice President
• Federation of Defense & Corporate Counsel, Visibility Project, Ex-Officio
• Federation of Defense & Corporate Counsel, 2011 Winter Meeting Convention Chair
• Federation of Defense & Corporate Counsel, 2009 Insurance Symposium Program Chair
• Certified Fraud Investigator
• Defense Research Institute
• International Association of Arson Investigators
• Lawyers for Civil Justice
• National Fire Protection Association

Representative Cases:

• Banks v. Nationwide Mutual Fire Insurance Co., 2000 WL 1742064 (Ohio App. 10th Dist.)
• Birr, Bonnie Jean v. Amica Mutual Insurance Co., 1:08-CV-00124-MRB (USDC S.D. of OH, Western Division)
• Capozzolli v. Nationwide Mutual Fire Insurance Co., 95-06561 (CCP Montgomery County PA)
• Collins, et al. v. Nationwide Mutual Insurance Company, 99-CVH-06-04714 (Court of Common Pleas, Franklin County, OH)
• Diamond Triumph Auto Glass, Inc. v. Safelite Glass Corp., 3:02-CV-054 (USDC Middle District of PA)
• Garvey v. Nat'l Grange Mutual Ins. Co., 167 F.R.D. 391,395 (E.D. Pa. 1996) (Eastern District of Pennsylvania)
• Gilchrist, et al. v. State Farm Mutual Automobile Insurance Co., et al., 11th Cir., 390 F.3d 1327, 1307 (U.S. Court of Appeals, 11th Circuit)
• Green and Rankin v. Nationwide Mutual Insurance Company, 99CVH-06-4962 (Court of Common Pleas, Franklin County, OH)
• Harleysville Mutual Insurance Company v. Richmond Hill, Inc., 1:09-CV-377 (USDC W.D. of NC, Ashville Division)
• Jedlowski, Keena, et al. v. Nationwide Mutual Insurance Company, 03-CH-15662 (Circuit Court of Cook County, IL)
• Jetty Tuttle Body Shop, Inc. v. Nationwide Mutual Insurance Company, 02-CVS-875 (NC Business Court, Superior Court Div.)
• Jones v. Nationwide Property and Cas. Ins. Co., 2011 WL 6379955 (Pa.)
• Jones, Brenda, et al. v. Nationwide Property and Casualty Insurance Company, 3051 EDA 2008 (Superior Court of PA)
• Kalmbach v. Nationwide Mutual Insurance Co., AR 97-7862 (Court of Common Pleas, Allegheny County, PA)
• Keeling v. Esurance Insurance Company, LEXIS 19598 ( U.S. App., 7th Cir. 2011)
• Marshall, David F. v. Safe Auto Insurance Company , 2007 of 2008 G.D. (Court of Common Pleas, Fayette County, PA)
• Morrison, et al. v. Nationwide Mutual Fire Insurance Co., et al., 98-00377 CV-J-20 (Middle District of Florida, Jacksonville Division)
• MVB Collision, Inc v. Progressive Insurance Company, et al., 018018/2009 (Supreme Court State of New York, County of Nassau)
• National Grange Mutual Ins Co v. Sharp Equipment Co. of Reading, PA, et al., 01-CV-0628 (USDC E.D. of PA)
• Nelson, et al. v. Scottsdale Insurance Company, C20041905 (Arizona Superior Court, Pima County)
• North State Autobahn, Inc., et al. v. Progressive Insurance Group, et al. , 02761/2007 (Supreme Court of the State of New York, County of Westchester )
• Oldham, et al. v. Nationwide Mutual Insurance Company, et al., SU01-CV-4132-7 (Superior Court of Muscogee County, GA)
• Oskar, Yaron v. IDS Property Casualty Ins. Company, 1:09-CV-04516-RRM-JO (USDC E.D. of NY)
• Pack Bros. Body Shop, Inc. v. Nationwide Mut. Ins. Co., 2003 WL 1017225 (N.C.Super. Apr 01, 2003)
• Royal Indemnity Company v. Deli by Foodarama, Inc., 2005 WL 486615 (E.D. Pa.)
• Sphere Drake Ins Co v. Zakloul Corp., 1997 WL 312217 (E.D. Pa. June 3, 1997)
• Spittler and Schoffstall v. Maryland Casualty Co., 3:05-CV-01746-AR (USDC M.D. of PA)
• St. Paul Fire v. Darlak Motor Inns, C.A. 3, Apr. 18, 1999, 99-3282
• Steinberg v. Nationwide Mutual Insurance Co., 2004 WL 1959251 (USDC E.D. of NY)
• White, et al. v. Safe Auto Insurance Company, 05-CP-400752 (Court of Common Pleas, Richland County, SC)
• Whitworth, et al. v. Nationwide Mutual Insurance Co., et al., 00CVH-08-6980 (Court of Common Pleas, Franklin County, OH)
• Willsch, Gary and Sandra, et al. v. Nationwide Insurance Company of America , 2:09-CV-05276-TJS (USDC E.D. of PA)

References:

• Thomas Dietrich, Nationwide Mutual Insurance Company
• Mark LeMaster, Safe Auto Insurance Company
• Steve Randall, The Hartford
• John Mannato, Harleysville
• Kevin Peinkofer, Progressive
• Barry Bauman, Lawyers for Civil Justice
• Sean Costello, Nationwide Insurance Company
• Gary Veshecco, Erie Insurance Group

Speaking Engagements:

• "Managing Pandemic Risks" Audio Conference, Nelson Levine de Luca & Horst, May 13, 2009
• "Swine Flu Implications on the Insurance Industry", Best's Review, May 1, 2009
• "Settlement of Class Action Cases: Considerations for Practitioners & Corporations", Federation of Defense & Corporate Counsel, February 25, 2009
• "Update on Occurrences in the Industry", MJM 11th Annual Insurance Executive Roundtable, September 30, 2008
• "An Insurance Executive's Guide to Deposition Preparation", Insurance Auto Auctions Insurance Leadership Summit, September 10, 2008 - September 13, 2008
• "Defending the Corporate Executive's Deposition", Central Claims Executives Association, May 15, 2008
• "Investigating Complex Commercial Theft Claims", PLRB/LIRB, April 13, 2008 - April 17, 2008
• "Emerging Issues Meeting the Challenges: Class Action Developments/Trends", Property Casualty Insurers Association (PCIA), September 12, 2006
• Panel Member, "How to Educate the Judge in a Bad Faith Case", Federation of Defense & Corporate Counsel (FDCC), July 22, 2006 - July 30, 2006
• "The Relationship Between Compliance and 'Institutional' Litigation", Deloitte & Touche and NLdH, April 25, 2006
• Panel Moderator, "Life After Katrina & Rita", Federation of Defense & Corporate Counsel (FDCC), March 6, 2006 - March 12, 2006
• "Limiting - or Expanding - the Scope of Discovery in the Bad Faith Case Post-Campbell and Saldi", American Conference Institute (ACI), November 15, 2005 - November 16, 2005
• "Class Action Law Update", Pennsylvania Defense Institute (PDI), September 20, 2004
• "Campbell v. State Farm" Panel Update, American Conference Institute (ACI), March 29, 2004

Published Works:

Extra-Contractual Litigation Against Insurers, Law Journal Press/ALM, Released September, 2009

Aftermarket Parting Sorrows: Will Smith v. American Family Verdict Trash Avery?, Claims Magazine, August, 2009

State Court Rulemaking: The Next Phase in Electronic Discovery, Thompson West, October, 2007

Defining Your Niche: How to Realize, Integrate and Promote Your Firm's Brand, The Legal Intelligencer, Sept. 17, 2007

Setting the Standard: The Next Phase of Electronic Discovery Rulemaking, PA Law Weekly, June 11, 2007

A Duty Everlasting: The Perils of Applying Traditional Doctrines of Spoliation to Electronic Discovery, (Co-Author with Mark Rosenberg), Richmond Journal of Law & Technology Annual Survey, Co-Author, Vol. XII, Issue 4, 2006

Controlling the Scope of Deposition Discovery in Bad Faith and Punitive Damages Cases, (Co-Author with C. Theresa Barone), FDCC Quarterly, Co-Author, Vol. 56, No. 3, Spring, 2006

Comments to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, LCJ Whitepaper, Contributor, February 15, 2005

The Insurance Carrier as Fiduciary, Federation of Defense & Corporate Counsel, January, 2004

Class Actions: A History and Overview, The Explosion & Evolution of Class Action Law (Manual), Pennsylvania Bar Institute (PBI), 2004

Avoiding Class Action Exposure Through Due Diligence in Vendor Selection: Insurance Carrier Utilization of Third Party Vendors, Federation of Defense & Corporate Counsel, Winter, 2003