Shelby S. Guilbert, Jr. Partner

Experience

• Representing Puerto Rico Electric Power Authority in its pursuit of hundreds of millions of dollars for losses sustained in Hurricane Maria and subsequent 2020 earthquake under property / business interruption policies issued by European-, London-, Bermuda- and U.S.-based insurers.
• Representing Prime Healthcare Services, Inc., one of the nation’s largest healthcare providers, in the pursuit of management liability insurance coverage in California state court for losses arising from underlying False Claims Act litigation.
• Successfully defended Indian-based Software Company in AAA subrogation arbitration arising from underlying cyber insurance payment to major restaurant chain.
• Obtained victory on behalf of Xerox Corporation in bad faith D&O coverage litigation in New York Supreme Court arising from failed Fujifilm transaction, including precedent setting, win on appeal to New York First Department .
• Obtained significant settlement on behalf of Oberlin College in bad faith insurance recovery litigation arising from Gibson Bakery lawsuit.
• Representing Ivy League institution in pursuit of crime/fidelity coverage for high profile theft loss.
• Representing leading Fortune 500 financial institution in ongoing pursuit of hundreds of millions of dollars in losses incurred due to data breach.
• Appointed co-lead plaintiff’s counsel by the U.S. District Court for the Northern District of Illinois in Multidistrict Litigation against Society Insurance arising from the COVID-19 pandemic, and obtained precedent-setting decision in favor of policyholders.
• Representing a German machine tool manufacturing company in pursuit of property damage and business interruption coverage arising from plane crash at manufacturing facility.
• Represented agricultural cooperative in pursuit of marine cargo insurance for lost product stored in warehouses during Hurricane Matthew and obtained bad faith settlement in excess of loss on eve of trial in Eastern District of North Carolina.
• Representing multinational organic baby food manufacturer in pursuit of coverage for lawsuits, investigations, and product recall arising from alleged presence of heavy metals in products sold to consumers.
• Representing leading national food distributor in pursuit of insurance coverage for litigation arising from sale of high alkaline content beverages.
• Represented a major credit reporting agency in the successful pursuit of hundreds of millions of dollars in insurance recoveries for losses arising out of a 2017 data breach.
• 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.
• Representing leading nonprofit healthcare provider in pursuit of FEMA applications and related appeals for substantial 9 figure losses arising from Covid-19 pandemic.
• Representing national cold-storage provider in complex insurance and indemnity litigation arising from chemical release and property damage and business interruption losses from catastrophic accident.
• Prevailed in international arbitration on behalf of Ivy League university seeking coverage under Educators Legal Liability insurance policy for alleged wrongful expulsion of student athlete.
• Represented a global food product corporation in complex litigation with Canadian supplier over distribution rights under long-term supply contract.
• Represented the owners of a hydroelectric dam in the Philippines in successful Singapore arbitration against London- and Asia-based insurers under delay-in-start-up policy for losses resulting from severe typhoon damage.
• 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 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 a multinational automotive manufacturing corporation in a nine-figure dispute arising out of a distribution agreement in UNCITRAL arbitration sited in London. Obtained victory in London arbitration, and anti-suit injunction and dismissal of related litigation and regulatory proceedings in the U.S. Successful representation of the company in distribution disputes with automobile dealers around the U.S.
• Obtained precedent-setting decision regarding D&O defense costs allocation for one of the largest providers of short-term and long-term healthcare services in the U.S.
• Represented one of the world’s leading luxury hotel groups in breach of contract and declaratory judgment action to recover losses under CGL policy for underlying putative class action claims relating to California Privacy Act.