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Joseph M. Englert Partner

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Atlanta T +1 404 443 5730 F fax +1 404 443 5683
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Joe is a partner in our Atlanta office and a member of the firm’s Commercial Litigation department. Joe’s practice primarily focuses on representing policyholders in complex commercial insurance coverage disputes.

He represents insurance policyholders in all aspects of insurance coverage disputes including complex litigation, subrogation and arbitration matters relating to property damage, business interruption, bad faith claims, directors and officers liability (D&O), professional liability / errors and omissions (E&O), cyber/privacy liability, government expropriation, product liability and advertising injury, as well as advising clients in obtaining best in class terms and conditions with U.S. and international insurers for commercial property, D&O, E&O, representation and warranty, cyber, political risk, and other lines of insurance coverage. Joe has helped his clients recover billions of dollars from insurance companies and other sources of indemnification, including multiple nine-figure settlements for catastrophic losses, over the last five years.

Joe’s clients span a multitude of industries, including financial institutions, energy and infrastructure companies, government entities, healthcare providers, restaurants and hospitality companies, and manufacturing companies. Additionally, Joe regularly advises companies on risk management needs arising out of insurance policy renewals and mergers and acquisitions.

Joe is a frequent author and speaker on topics relating to insurance and crisis management and other commercial litigation issues. He has also been recognized in Chambers and Super Lawyers.

Experience

  • Representing one of the largest providers of short-term and long-term health care services in the U.S., in insurance recovery litigation under D&O policy for multimillion-dollar losses incurred in underlying qui tam litigation.
  • Representing a major power company in the pursuit of hundreds of millions of dollars for losses sustained in 2017 during Hurricane Maria under property / business interruption policies issued by European-, London-, and U.S.-based insurers.
  • Represented a Fortune 500 financial institution in insurance recovery litigation seeking over $500 million in coverage under banker’s professional liability policies for hundreds of claims arising before and after the financial crisis.
  • Represented a German multinational chemical company in connection with the recovery of property damage and business interruption insurance from European-insurers and in the defense of complex subrogation claims arising out of 2017 explosion at polysilicon plant in Tennessee.
  • Represented the world’s leading sustainable manufacturer and supplier of carbon black additives in successful multi-state bad faith insurance recovery litigation, following successful resolution of bet-the-company litigation with a former parent regarding indemnification obligations under spin-off agreement.
  • Represented one of the largest providers of short-term and long-term health care services in the U.S., in insurance recovery litigation under D&O policy for multi-million dollar losses incurred in underlying New York litigation.
  • Represented manufacturer of home entertainment products in multi-million dollar case involving invasion of privacy and trademark infringement claims. Settlement, which involved resolution of related declaratory relief action against insurance company, resulted in payment of nominal amount by client.
  • Served as national coordinating counsel for international chemical company’s U.S. toxic tort litigation, and, in connection with that role, successfully obtained insurance coverage for long-tail exposure claims under decades-old CGL and excess insurance policies.
  • Represented technology company providing managed hosting services in multi-million business dispute with one of its customers involving claims for breach of contract and unfair business practices.
  • Defended lenders and national financial services organizations in numerous state and federal trial court actions filed by plaintiffs asserting violations of federal and state consumer protection statutes and/or common law claims including fraud, negligence, breach of contract, quiet title, promissory estoppel, etc.
  • Advocated on behalf of multinational financial institution on numerous appellate matters.
  • Defended manufacturer of animal health products in federal court against Lanham Act claims for alleged trademark and trade dress infringement and false advertising.

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