Robert T. Horst

Robert Horst represents insurers in complex coverage disputes, bad faith litigation, class action defense and the investigation of suspected fraud. Mr. Horst is an experienced and effective litigator, having tried more than forty cases to verdict before a jury and hundreds more bench trials. Admitted to practice in Pennsylvania, New Jersey and New York, Mr. Horst has litigated matters pro hac vice in numerous jurisdictions throughout the nation, including Delaware, Ohio, Florida, West Virginia, Oklahoma, Virginia and Washington.

The following are some of the favorable results Mr. Horst has obtained for his insurer clients:

• Represented personal lines insurer in national class action venued in Ohio involving valuation methods of estimating worth and value of "total loss" vehicles, with parallel matters in Oklahoma, West Virginia and Florida, which resulted in res judicata effect for carrier in subsequent litigation in multiple jurisdictions.
• Secured dismissal of all claims against four insurers in Philadelphia class action litigation involving attack on payment of "actual cash value" under property insurance claims.
• Obtained voluntary discontinuance of Philadelphia litigation before jury selection when policyholder plaintiff's pre-trial settlement demands exceeded $1 million based on carrier's assertion of statutory counterclaim for insurance fraud.
• Managed and concluded contentious appraisal of complex machinery claim.
• Successful defense verdict on behalf of commercial lines carrier after assertion of denial based on unambiguous water exclusion, despite allegations of bad faith, breach of policy contract and demand for reformation of policy (also included pre-trial dismissal of claims for negligence and for violations of consumer protection statute).
• Obtained voluntary discontinuance of Philadelphia litigation by homeowners' policyholder who accused carrier of bad faith and damages under consumer protection statute after demonstrating policyholder's claims regarding personal property claim were false, incomplete and misleading, and that accompanying receipts were fraudulent.

Routinely handling complex coverage matters, with a special focus on first party property, boiler and machinery and time element claims, Mr. Horst has handled insurance coverage matters and bad faith disputes for close to two decades. A frequent lecturer on topics related to insurance, the law and law firm management, Mr. Horst has presented to numerous organizations, trade groups and insurers, including the Loss Executives Association, Federation of Defense & Corporate Counsel, Insurance Society of Philadelphia, Property Loss Research Bureau and Pennsylvania Bar Institute.

He has authored numerous pieces, including Extra-Contractual Litigation Against Insurers, which he co-authored and edited. Mr. Horst has also been quoted in The New York Times, The National Underwriter, The Legal Intelligencer, The Clarion Ledger and Student Lawyer. In addition to his practice, Mr. Horst presently leads NLdH's recruiting and professional development efforts, and is also proudly serving as General Counsel to the International Association of Special Investigative Units (IASIU), the insurance industry's leading fraud-fighting organization, which has 40 chapters worldwide and a membership numbering more than 4,000. He also acts as an expert witness in the area of insurance bad faith litigation and serves as a private arbitrator in insurance coverage matters.

Mr. Horst was NLdH's Managing Partner from 2003 - 2008 and is one of the firm's founding partners.

Professional Associations and Memberships:

• Defense Research Institute

Speaking Engagements:

• "Ethics, Morality and the Special Investigator", Annual Meeting of the New Jersey Special Investigators Association, October 18, 2011
• "Really Dealing with Public Adjusters", 2011 NLdH Property Coverage & Subrogation Conference, October 5, 2011
• "Really Dealing with Adjusters", 2011 Pennsylvania Insurance Fraud Conference, Co-Presenter, April 25, 2011
• "Professional Ethics", 2011 Pennsylvania Insurance Fraud Conference, April 25, 2011
• "Balancing Act: Dealing with Allegations of Bad Faith When Coverage is Disputed", 2011 Annual Conference of the Council on Litigation Management (CLM), March 24, 2011
• "Appraising the Appraisal Process", Loss Executives Association's 80th Annual Meeting and Educational Conference, Co-Presenter, February 3, 2011
• "Ethics, Morality and the Insurance Professional", Insurance Society of Philadelphia, November 12, 2010
• "Online Social Networks and Cyber Risk? Here in the Facebook Era the Topic is Looming Large as is the Interface with Policyholders, Carriers and Cyber Risk Coverages", 2010 ABA/TIPS ICLC Meeting, Co-Presenter, February 25, 2010 - February 27, 2010

Published Works:

Ready to Rumble: Two renowned attorneys from opposite sides of the courtroom talk about their perspectives on big insurance lawsuits, Claims Advisor, Summer, 2011

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

U.S. Supreme Court: FRCP 23 Trumps State Law Limits on Class Action Practice, New York State Bar Association, Spring/Summer Vol. 31, No. 2, 2010

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

Recruit Then Retain: Firms Must Focus On Retaining Lateral Partners, The Legal Intelligencer, Top Lateral Hires Supplement, 2009

Handling Witnesses with Prior Convictions for Crimen Falsi, Trial and Tribulations, Defense Research Institute, Trial Tactics Committee Newsletter, Spring, 2009

Fraud in the Application, SIU Today, December, 2008

The Critical Importance of Strategic Planning, Defense Research Institute, Annual Law Practice Management Review, 2008

The Commonly Overlooked Treasure Trove: Use of Prior Claims as Evidence in Mass Tort Cases, For the Defense, September, 2008

The 5th Amendment Privilege in Civil Litigation: What is the Practical Effect of an Adverse Inference?, DRI Trial Tactics Newsletter, Summer, 2008

Fraud in the Application - When Can a Carrier Void the Policy Altogether, Claims Advisor Magazine, July 17, 2008

The Deposition Testimony: Follow Three Ground Rules to Remove Fear and Uncertainty, Claims Magazine, November, 2007

The Impact of Prohibitive Costs of Arbitration Upon the Defense of Class Actions, The Metropolitan Corporate Counsel Magazine, April, 2004

Preemption of Bad Faith Claims by ERISA, For the Defense, May, 2004