Michael A. Hamilton

Michael Hamilton chairs the firm's National Insurance Coverage Group.  He concentrates his practice in the areas of insurance coverage disputes, bad faith defense and commercial litigation. Mr. Hamilton has extensive trial and appellate practice experience in both state and federal courts. He represents insurers in all aspects of insurance coverage litigation, including claims involving construction defects, bankruptcy matters, and complex property and business interruption losses. Mr. Hamilton's expertise includes litigation involving intellectual property, e-commerce and other technology-related insurance claims. He also represents clients in complex commercial disputes, with an emphasis on class action and appellate litigation.

As a complement to his extensive litigation experience, Mr. Hamilton frequently publishes articles and gives speeches on critical issues affecting the insurance industry. In addition, he has recently achieved the following favorable results for his clients:

• Prevailed before the North Carolina Supreme Court on a multi-million dollar coverage dispute involving insurance coverage of false advertising, trademark infringement and other intellectual property claims.
• Served as trial and appellate co-counsel for a domestic insurer in the Southern District of New York and the Second Circuit in the World Trade Center Property Insurance Litigation, which involved attempts by leaseholder of the World Trade Center to recover insurance proceeds after September 11.
• Obtained a significant victory for the client and the insurance industry, when the Pennsylvania Supreme Court held that claims for faulty workmanship do not constitute an occurrence under commercial general liability policies.
• Represented client before the Pennsylvania Commonwealth Court, resulting in a ruling of first impression that self-insured commercial entities are not liable under Pennsylvania's bad faith statute.

Professional Associations and Memberships:

• Fellow, American Bar Foundation
• International Association of Defense Counsel
• Pennsylvania Bar Association
• New Jersey Bar Association, Insurance Law Section
• American Bar Association, Tort and Insurance Practice Sections
• Defense Research Institute, Insurance Law Committee
• Pennsylvania Defense Institute
• Philadelphia Association of Defense Counsel

Speaking Engagements:

• "The Over-Zealous Advocate", Pennsylvania Bar Institute (PBI) 16th Annual Insurance Institute , May 9, 2012
• "Raising the Roof: What’s Hot in Construction Defect Coverage Litigation", International Association of Defense Counsel (IADC) Midyear Meeting, February 13, 2012
• "Proven Strategies for Bad Faith Claims Where Multiple Layers of Insurance Are Involved", American Conference Institute (ACI) 22nd National Advanced Forum on Bad Faith Litigation, Panelist, November 30, 2011
• "Social Media Liability & Coverage", CPCU Society Webinar, November 1, 2011
• "Business Interruption Claims", 2011 NLdH Property Coverage & Subrogation Conference, October 5, 2011
• "Pros and Cons of Alternate Mechanism in WTC and BP Cases", PBI's 15th Annual Insurance Institute, April 7, 2011
• "Social Media Liability & Coverage", PLRB/LIRB 2011 Claims Conference, April 4 & 5, 2011
• "The New Tripartite Relationship Involving Policyholders, Primary Insurers and Excess Insurers: Emerging Issues Involving SIRs, Deductibles, and Inter-Insurer Bad Faith Claims", Canadian Defense Lawyer's Seventh Annual Insurance Symposium, March 3, 2011
• "Concurrent Bad Faith Hotbed", American Conference Institute's 21st National Advanced Forum, Co-Presenter, December 1, 2010
• "Cadmium & Asphalt Dust Insurance Coverage Issues", HB Litigation Conferences, March 9, 2010
• "I Can See Clearly Now - My Money's Gone: Coverage Issues Arising From the Current Financial Crisis", 2010 ABA/TIPS ICLC Meeting, February 26, 2010
• "Strategies for Bad Faith Claims Where Multiple Layers of Insurance are Involved," Bad Faith Litigation, American Conference Institute's 21st National Advanced Forum, 2010
• "SIRs and Deductibles: Evolving Policies and Their Impact on Carrier Duties", DRI Insurance Coverage and Practice Symposium, 2009
• "Bankruptcy 101 - Your Insured Has Filed Bankruptcy. Now What?", Association of Insurance Compliance Professionals, 2009
• "Bankruptcy 201- Claims Handling and Litigation Under the Bankruptcy Cloud", Association of Insurance Compliance Professionals, 2009
• "Property Insurance Potpourri: Important Issues for Current Policies", Pennsylvania Bar Institute, 2009
• "Chinese Drywall & Insurance Impacts" Webinar, Nelson Levine de Luca & Horst, 2009
• "Coverage on Fire - Legal and Ethical Implications of Insurance Policies Containing 'Burning Limits' or 'Defense Within Limits' Provisions", Defense Research Institute, 2008
• "The Duty to Defend, Settle & Indemnify and Ethical Considerations", Defense Research Institute, 2007
• "Threshold General Liability Coverage Considerations in Copyright, Trademark and Trade Secret Litigation", Property Loss Research Bureau, 2006
• "Governmental Investigations into Contingent Commissions", Insurance Coverage and Practice Seminar, Defense Research Institute, 2004
• "Insurance Coverage for Media, Internet and Intellectual Property Claims", Intellectual Property Seminar, Defense Research Institute, 2004
• "Coverage Issues Under Employment Practices Liability Policies", Regional Adjusters Conference, Property Loss Research Bureau, 2004
• "Issues Involving Representation of Multiple Insureds", Insurance Coverage and Practice Seminar, Defense Research Institute, 2003
• "The Terrorism Risk Insurance Act of 2002", Insurance Coverage and Practice Seminar, Defense Research Institute, 2002

Published Works:

New Liability Risks Connected to Social Media Revolution, Property Casualty 360, A National Underwriter Website, Co-Author, October 6, 2011

SIRs and Deductibles – Evolving Policies and Their Impact on Carrier Duties, Defense Counsel Journal, Co-Author, October, 2011

No Stopping at the Bar, Claims Advisor, Co-Author, Winter, 2010

Damage Control (The Carmack Amendment Dictates How Transportation Insurance Claims are Settled), Best's Review, December, 2010

Insurance Law 2010: Top Lawyers on Trends and Key Strategies for the Upcoming Year, Aspatore Books, 2010

Do You Smell Something? (Impact of Chinese Drywall), Claims Advisor, Fall, 2009

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

Strategies for Structuring Insurance Disaster Coverage: Reducing Liability for Insurers in Disaster Coverage Events, Aspatore Books, 2009

A Bad Omen: Erosion of Privilege in Bad-Faith Litigation, For the Defense, May, 2009

Insurance Coverage Issues Rise with Mounting IP Lawsuits, The Legal Intelligencer, April, 2009

Recent Developments in Advertising Injury Coverage, For the Defense, May, 2006

Curtailing Unwarranted Discovery Requests: Redefining the Scope of the Insured's Substantial Need in Bad Faith Litigation, For the Defense, May, 2005

The Aftermath of 9/11: Courts Reject Policyholders' Attempts to Circumvent the Plain Meaning of Business Interruption Coverage, Insurance Coverage Law Bulletin, L. J. Newsletters, October, 2003

Traditional Rights in Modern Day Litigation: Upholding the Attorney-Client Privilege and Work Product Doctrine in Pennsylvania Bad Faith Actions, Pennsylvania Bar Quarterly, April, 2002

Liability Coverage for Bodily Injury Relating to the Resurgence of Cell Phone Litigation, Covered Events, Defense Research Institute, Winter, 2002