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Erin L. Webb

Experienced advocate for policyholders and businesses

Erin L. Webb is an accomplished litigator with a focus on recovering insurance proceeds for business clients. She has recovered funds for policyholders under commercial general liability, directors and officers, political risk, professional liability, and first-party property policies, including business interruption and contingent business interruption losses. She also has experience with additional insured issues, indemnity agreements, insurance issues in mergers and acquisitions, claims against insurance brokers, and insurance issues relevant to clients facing bankruptcy. She has negotiated recoveries for her clients in their insurers’ insolvency proceedings.

In addition to her insurance coverage practice, Erin participated in a trial on behalf of an energy utility company for damages resulting from the United States’ failure to comply with the Nuclear Waste Policy Act of 1982. She is also part of a team of attorneys that successfully obtained dismissals of individual trustees of a major mutual fund from shareholder and derivative securities actions.

Experience
  • Represented a major energy company in the recovery, on summary judgment, of more than $29 million in insurance proceeds, including attorneys’ fees, for Clean Air Act liabilities under a pollution liability policy.

  • Analyzed and positioned a claim at a damaged nuclear power plant for a settlement of $835 million in insurance proceeds, the largest in the insurer’s history.

  • Settled a dispute under directors and officers insurance policies, obtaining proceeds to help offset one of the largest known settlements of a shareholder derivative lawsuit to date.

  • On behalf of a civil rights organization advocating for people with disabilities, obtained a significant ruling against the largest developer of multi-unit housing in the United States, holding that certain of its properties violated the accessibility requirements of the Fair Housing Act.

  • Written an amicus brief for a policyholder advocacy group before the California Supreme Court in a case that would change California law on when a successor to a company can access the company’s insurance. Fluor Corp. v. Superior Court, 354 P.3d 302 (Cal. 2015).

  • Advised a company and negotiated with its insurer to obtain a significant settlement for a cable company impacted by Hurricane Katrina.

  • Litigated the issue of timely notice in New York, obtaining a policyholder-friendly appellate decision concerning notice to excess insurers under general liability policies. Century Indemnity Co. v. Brooklyn Union Gas Co., 58 A.D.3d 573 (1st Dep’t 2009).

  • Represented the Coalition for Juvenile Justice as an amicus before the United States Supreme Court in Roper v. Simmons, 543 U.S. 551 (2005), in which the Court held that capital punishment could not constitutionally be applied to juveniles.

  • Been retained as special insurance counsel to companies in bankruptcy, advising on coverage for the companies’ outstanding liabilities.

  • Consulted with deal counsel and been retained by venture capital companies in mergers and acquisitions to advise on insurance coverage issues. For one venture capital firm, researched and analyzed insurance policies from dozens of acquired companies, finding millions of dollars in potential coverage for products liability claims.

Erin has:

Bar Admissions

District of Columbia

Maryland

New York

USDC Maryland

USDC District of Columbia

US Courts of Appeals for Fifth, Sixth, and Federal Circuits

Education

J.D. - University of Michigan Law School (2002)

B.A. - Western Michigan University, cum laude (1999)

Awards and Recognition

 

  • Washington, DC Rising Star, SuperLawyers (2013-2018)

  • Outstanding Achievement Award, Washington Lawyers’ Committee for Civil Rights and Urban Affairs (2016)

  • Blank Rome Pro Bono Award (2015)

Selected Reported Decisions
  • Hall v. South River Restoration, Inc., et al., No. 1:16-cv-02239 (D.D.C. Sept. 11, 2017) (denying in part insurer defendant’s motion to dismiss and holding that client’s complaint successfully alleges claims for breach of contract and violation of consumer protection statute against insurer, USAA) 

  • The Equal Rights Center v. Equity Residential et al., No. 1:06-cv-01060 (D. Md. Mar. 31, 2016) (summary judgment victory for client; defendant liable for certain Fair Housing Act accessibility violations at several multi-family properties) 

  • Louisiana Generating LLC v. Illinois Union Ins. Co., No. CV 10-516-JJB-SCR, 2016 WL 183488 (M.D. La. Jan. 14, 2016) (client entitled to attorneys’ fees under New York law) 

  • Foster Poultry Farms, Inc. v. Certain Underwriters at Lloyd’s, London, No. 1:14-953 WBS SAB, 2016 WL 235211 (E.D. Cal. Jan. 20, 2016) (client entitled to insurance coverage for product contamination) 

  • Louisiana Generating LLC v. Illinois Union Ins. Co., 121 F. Supp. 3d 588 (M.D. La. 2015) (client entitled to insurance coverage for air pollution liabilities) 

  • Fluor Corp. v. Superior Court, 354 P.3d 302 (Cal. 2015) (amicus) (policyholder may assign coverage under insurance policies) 

  • Louisiana Generating LLC v. Illinois Union Ins. Co., No. CV 10-516-JJB-SCR (M.D. La. Sept. 30, 2014) (client entitled to insurance coverage for environmental civil penalties) 

Prior Firms

Tayman Lane Chaverri LLP (2016-2019)

Dickstein Shapiro LLP/Blank Rome LLP (2002-2016)

(Dickstein Shapiro attorneys joined Blank Rome in February 2016)

Representative Speaking Engagements

"Recoupment of Defense Costs in Insurance Coverage Cases," ABA Insurance Coverage Litigation Committee CLE Conference, March 2019  

"A Mock Settlement Conference: Additional Insured and Indemnification Issues in the Construction Defect Context," ABA Insurance Coverage Litigation Committee CLE Conference, March 2018 

Women in Leadership Panel, University of Michigan Alumni Club of Greater Washington, DC, November 2017 (moderator) 

"The Internet of Things: Cybersecurity, Insurance, and the National Power Grid, Power-Gen International," December 2016 

"Insuring Air Emissions Claims:  Past, Present, and Future," Power-Gen International, December 2016 

"Litigation: Admissibility of Social Media, Internet and Email Evidence," ClearLaw, March 2016 

Selected Publications
  • "Recoupment of Defense Costs in Insurance Coverage Cases," ABA Insurance Coverage Litigation Committee CLE Conference, co-author (March 2019)

  • "Additional Insured and Indemnification Issues in the Construction Defect Context," ABA Insurance Coverage Litigation Committee CLE Conference, co-author (March 2018)

  • "The Internet of Things: Cybersecurity, Insurance, and the National Power Grid," Power-Gen International (December 2016)

  • "Insuring Air Emissions Claims:  Past, Present, and Future," Power-Gen International (December 2016)

  • "The Internet of Things: Cybersecurity, Insurance, and the National Power Grid," ABA Section of Environment, Energy and Resources Natural Resources & Environment Magazine (April 2016) 

  • "Insurance Coverage for Pollution: An Important Part of the Picture," ABA Section of Environment, Energy, and Resources In-House Counsel Committee Newsletter (July 2015) 

  • "Insurance Coverage for Intellectual Property Risks," New Appleman Law of Liability Insurance, Chapter 18A (June 2015)