1980 after graduating with honors from Yale Law School. Bob is the founding partner of his

Transcription

1 joined the Minneapolis, Minnesota, law firm of Leonard, Street and Deinard in 1980 after graduating with honors from Yale Law School. Bob is the founding partner of his firm s Insurance Coverage Dispute Group, and has broad experience in litigating and mediating coverage disputes on behalf of corporate policyholders. He is a frequent author and lecturer, both locally and nationally, on coverage issues, and has been active in the Insurance Coverage Committee for many years. (See full bio below.) v1

2 ROBERT P. THAVIS Partner Fax 150 South Fifth Street Suite 2300 Minneapolis, MN Bob Thavis founded the firm s Insurance Coverage practice group and has extensive experience representing corporate insureds in all types of coverage disputes. Bob has experience in litigating disputes over defense and indemnity insurance coverage under a broad array of policy types, including with respect to underlying claims of securities and financial fraud, cyber and ecommerce liability, breach of fiduciary duty, competitive injury and other business torts, intellectual property, construction and products liability. Bob has also litigated substantial fidelity, property and business interruption claims, and has extensive appellate experience in both federal and state courts. He has successfully prosecuted claims of entitlement to well over $100 million in insurance coverage. He is a frequent author and lecturer, both regionally and nationally, on insurance coverage issues, and has been elected as a founding member of the American College of Coverage and Extracontractual Counsel. REPRESENTATIVE EXPERIENCE Eyeblaster, Inc. v. Federal Ins. Co., 613 F.3d 797 (2010) Appleton Papers, Inc. v. Agricultural Ins. Co., 737 N.W.2d 373 (Wis. App. 2007) Appleton Papers Inc. v. Home Indemnity Co., 235 Wis. 2d 39, 612 N.W.2d 760 (Wis. Ct. App. 2000) OF NOTE Successfully recovered 100% of defense and settlement costs for underlying antitrust and tort claim brought against client (published decision) Successfully recovered 100% of defense costs in cyber putative class action against client (no indemnity costs incurred by client) (published decision) Successfully recovered policy limits under D&O policy in decision adopting larger settlement rule in Minnesota (published decision) Successfully negotiated dozens of recoveries of coverage for a wide variety of underlying claims, including cyber advertising and related liability, price-fixing and other competitive injury, environmental liability, securities fraud, product defect, product contamination and other property damage claims PRACTICE AREAS Insurance Coverage Business Litigation INDUSTRIES Insurance EDUCATION J.D., with honors, Yale Law School, 1980 B.A., magna cum laude, Minnesota State University Mankato, 1977 ADMISSIONS State of Minnesota State of North Dakota State of Wisconsin U.S. District Court for the District of Minnesota U.S. District Court for the District of Wisconsin U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Eighth Circuit U.S. Supreme Court PUBLICATIONS AND PRESENTATIONS Articles A New Insurance Challenge to the Foundational Premise of Liability Insurance

3 Coverage, Insurance Law 2013 (Aspatore Thought Leadership). Thomson Reuters Westlaw, 2013 What You Can Do Now to Avoid Your Next Insurance Coverage Dispute, Straight From the Top: Case Studies in the World of Litigation, ExecSense ebook. ExecSense, Inc., 2012 Ethical Issues in Insurance Coverage Disputes. Presented at the National Business Institute, Bloomington, Minnesota, June 9, 2011 Insurance for the Construction Industry, Construction Defects Litigation. Presented at National Business Institute, Bloomington, Minnesota, February 3, 2011 Whose Claim Is This Anyway? Managing Covered Claims, Insurance Law for the Non-Specialist. Presented at Minnesota CLE, Minneapolis, Minnesota, December 31, 2010 Whose Claim Is This Anyway? Managing Covered Claims, Insurance Law for the Non-Specialist. Presented at Minnesota CLE, Minneapolis, Minnesota, August 12, 2010 Billing Guidelines, Legal Audits and Privilege, Construction Insurance and Disputes. Presented at National Business Institute, Minneapolis, Minnesota, May 26, 2010 Insurance and Representational Issues in a Tripartite Relationship. Presented at the National Business Institute, Minneapolis, Minnesota, May 26, 2010 Is Your Insurance Prepared for Climate Change. Presented at the National Business Institute, Minneapolis, Minnesota, May 26, 2010 What Every Business Litigator Needs to Know About Director s and Officer s Liability Insurance. Presented at the Minnesota CLE, Minneapolis, Minnesota, November 17, 2009 Whose Claim Is This Anyway? Managing Covered Claims, Insurance Law for the Non-Specialist. Presented at the Minnesota CLE, Minneapolis, Minnesota, August 15, 2008 Insurance Risks For Attorneys. Presented June 16, 2008 Insurer Bad Faith and the Fading Memory of Kissoondath, Bad Faith Insurance Claims In Minnesota. Presented at the National Business Institute, Bloomington, Minnesota, February13, 2008 Business Defamation Section for Business Torts Desk Book. Minnesota CLE, October 23, 2007 D&O Coverage A Whole New World, Insurance Law Update Understanding Current Coverage Trends. Presented at the National Business Institute, Minneapolis, Minnesota, June 21, 2007 D&O Coverage A Whole New World, Top 10 Issues In Insurance Coverage In Minnesota. Presented at the Lorman Education Services, Minneapolis, Minnesota, October 17, 2006 Policy Conditions and Other Real World Considerations and Do Policyholders Have An Obligation to Help an Insurer Recoup Covered Losses From Other Insurance. Presented at the Mealey s Insurance Contract Wording Conference, Philadelphia, Pennsylvania, September 20, 2006 Billing Guidelines, Legal Audits and Privilege. Presented at the Mealey s Litigation Management Guidelines Conference, New York, New York, July 20, 2006 D&O Coverage - A Whole New World, Insurance Coverage Trends. Presented at the National Business Institute, Bloomington, Minnesota, June 6, 2006 Alternative Settlement Options For Multi-Party Disputes. Presented at the Mealey s Insurance Coverage Disputes Concerning Construction Defect Conference, Chicago, Illinois, April 24, 2006 Insurer Bad Faith After Kissoondath and the Emergence Of Estoppel In Minnesota, Insurance Bad Faith Claims In Minnesota, Bloomington, Minnesota, January 18, 2006

4 Alternative Settlement Options For Multi-Party Construction Disputes. Presented at the Mealey s Insurance Coverage Disputes Concerning Construction Defect Conference, Phoenix, Arizona, October 17, 2005 Staying the Coverage Action Pending Resolution of the Underlying Action A Look At Permutations, Tactical, Strategic and Ethical Issues Concerning the Prosecution of a Coverage Action During the Pendency of the Underlying Action. Presented at the ABA Tort Trial & Insurance Practice Section 13th Annual Insurance Coverage Litigation Committee Midyear Program, Phoenix, Arizona, February 17-19, 2005 Insurance Bad Faith In Minnesota. Presented at the Lorman Education Services, Minneapolis, Minnesota, January 19, 2005 Mold and Water Intrusion Where Are We Now? Where Are We Going? Presented at the Minnesota State Bar Association, Minneapolis, Minnesota, December 14, 2004 Drawing the Lines More Brightly: The Supreme Court Clarifies Past Insurance Coverage Precedent, William Mitchell Law Review (publication pending) The Search For a Middle Ground Solution to the Allocation Conundrum. Presented at the Torts and Insurance Practice Section of the American Bar Association, Santa Monica, California, February 19, 2004 Insurance Coverage for Mold-Related Losses. Presented at the National Business Institute, Minneapolis, Minnesota, February 3, 2004 Insurer Bad Faith After Kissoondath and the Emergence of Estoppel In Minnesota. Presented at the Lorman Education Services, Minneapolis, Minnesota, January 27, 2004 The Gordian Knot Other Insurance, and Additional Insureds, Hot Topics In Business Insurance Law. Presented at the Minnesota Institute of Legal Education, Minneapolis, Minnesota, December 10, 2003 Insurance Coverage for Mold-Related Losses, The Mold Muddle, Minnesota Institute of Legal Education, Minneapolis, Minnesota, September 30, 2003 Insurance Coverage for Complex Business Litigation, in Complex Business Litigation. Presented at the Minnesota Institute of Legal Education, Minneapolis, Minnesota, August 26, 2003 Insurance Coverage for Cyberspace Risks 2002 Update. Presented at the E-Commerce Institute, Minnesota Institute of Legal Education, Minneapolis, Minnesota, September 25, 2002 Insurance Coverage for Complex Business Litigation D&O Claims, Post-Enron Liability. Presented at the Minnesota Institute of Legal Education, Minneapolis, Minnesota, July 25, 2002 Insurer Bad Faith After Kissoondath and the Emergence of Estoppel In Minnesota, Emerging Issues In Liability Insurance (Bad Faith Law). Presented at the Minnesota Institute of Legal Education, Minneapolis, Minnesota, May 15, 2002 Meaning of Occurrence Ramifications of Status Within the Insurance Policy and 9-11 Attacks Number of Occurrences, Co-Author. Presented at the Mealey s Business Interruption Insurance Conference, New York, New York, February 14-15, 2002 Insurance For Businesses In the Construction Industry, Co-Author. Presented at the 14th Annual Construction Industry Seminar, Minneapolis, Minnesota, December 5, 2001 Insurer Bad Faith After Kissoondath. Presented at the Insurance Coverage Institute, Minnesota Institute of Legal Education, Minneapolis, Minnesota, October 31, 2001 Year 2000 Remediation Claim Update: Handling Insurance Issues In Minnesota, Minnesota State Bar Association, St. Paul, Minnesota, June 6, 2001

5 Billing Guidelines and Legal Audits. Presented at the CGL Insurance, Minnesota Institute of Legal Education, Minneapolis, Minnesota, May 16, 2001 What Every Business Litigator Needs to Know About Directors and Officers Liability Insurance. Presented at the Complex Business Litigation, Minnesota Institute of Legal Education, Minneapolis, Minnesota, March 20, 2001 Insurance for Internet and E-Commerce Business Risks. Presented at the E-Commerce Institute, Minnesota Institute of Legal Education, Minneapolis, Minnesota, October 27, 2000 Minnesota Law On the Duty to Defend Based On Allegations Of, or Proven, Facts, Not On Claims Asserted. Presented at the 4th Annual Insurance Coverage Institute, Minneapolis, Minnesota, October 24, 2000 Recent Developments and Future Trends In Bad Faith Litigation. Presented at the Minnesota Institute for Legal Education, Minneapolis, Minnesota, October 6, 2000 Meaning of Occurrence Ramifications of Status Within the Insurance Policy and 9-11 Attacks Number of Occurrences, Co-Author, Mealey s Business Interruption Insurance, May 2000 New Insurance Coverages, Products, and Forms, Co-Author. Presented at the Coverage Litigation Committee Midyear Meeting, Tucson, Arizona, March 2, 2000 Cybertorts Will Old Policies Cover New Torts?, Co-Author. Presented at the Third Annual Insurance Coverage Institute Issues For the Next Millennium, MILE seminar, Minneapolis, Minnesota, October 27, 1999 Insurance Coverage for Year 2000 Risks Year 2000: Making the Most of the Time Left. Presented at the Minnesota Continuing Legal Education, Minneapolis, Minnesota, September 27, 1999 The Plaintiff s Perspective In Bad Faith Litigation What the Future Trends and Arguments Will Be, in Bad Faith Litigation: Surety and Insurance. Presented at the MILE seminar, Minneapolis, Minnesota, September 22, 1999 Pre-Suit Notice Under Claims-Made Policies, Co-Author, Coverage, Committee On Insurance Coverage Litigation, p. 32., July/August 1999 Insurance Coverage For Year 2000 Losses, Minnesota Insurance Deskbook (1999 ed.), May 14, 1999 Pre-Suit Notice Under Claims-Made Policies, Moderator and Speaker, ABA Section of Litigation Insurance Coverage Litigation Committee Midyear Meeting, Tucson, Arizona, March 4-6, 1999 Bad Faith: How Well Will You Sleep Tonight?, Co-Author. Presented at the Bad Faith Seminar, Minnesota Institute of Legal Education, Minneapolis, Minnesota, December 16, 1998 Insurance Coverage for Year 2000 Losses An Outline of Issues and Strategies. Presented at the Minnesota State Bar Association Continuing Legal Education program Year 2000 Crisis Practical Legal and Business Strategies for Avoiding the Abyss, Minneapolis, Minnesota, July 28, 1998 Insurance Coverage For Securities Claims Under the PSLRA, Co-Author. Presented at the ABA Litigation Section Insurance Coverage Mid-Year Meeting, Acapulco, Mexico, February 21, 1998 Insurance Coverage Implications of the Private Securities Litigation Reform Act of 1995, Co-Author. Presented at the D&O Subcommittee Annual Meeting, ABA Litigation Section Insurance Coverage Mid-Year Meeting, Tucson, Arizona, March 1997 What Every Business Litigator Needs to Know About Directors and Officers Liability Insurance, in Complex Business Litigation. Presented at the Minnesota Institute of Legal Education, Minneapolis, Minnesota, September 26, 1996 Employee Non-Competes Theory and Practice, submitted to various legal publications, June 26, 1996

6 Coverage Issues of Business Torts Claims Five Examples, Risk Management for Business and Industry, Lorman Education Services, Minneapolis, Minnesota, June 14, 1996 The Ultimate Collections Practice, Co-Author, National Practice Institute, Minneapolis, Minnesota, February 16, 1996 Speaking Engagements Are the Shoemaker s Children Barefoot: How Well Do You Know Your Own Lawyers Professional Liability Coverage?, Moderator, ABA Insurance Coverage Litigation Committee 25th Annual CLE Seminar, Tucson, Arizona, March 2013 Current Issues in Duty to Defend, Duty to Indemnify and Other Challenges, and Ethics, Webcast, National Business Institute, September 21, 2011 Insurance Coverage for Cyber Risks, Minnesota Institute of Legal Education, Minneapolis, Minnesota, November 3, 2009 Speculating As to the Why of Recent FTC Action, National Association of Screening Agencies, Memphis, Tennessee, March 19, 2009 ABA Section of Litigation Insurance Coverage Litigation Committee Mid-Year Meeting/Seminar, Chair, American Bar Association, Tucson, Arizona, March 2-4, 2006 Dangerous Federalization of Insurance Coverage Law, Speaker and Chair, Insurance Coverage Institute, Minnesota Institute of Legal Education, Minneapolis, Minnesota, November 6, 2002 Insurance Coverage for Mold Contamination, Minneapolis, Minnesota, March 25, 2002 Insurance and Technology Put to the Test, 2002 ABA Insurance Coverage Litigation Committee s Midyear Meeting, Tucson, Arizona, February 28, 2002 Managing E-Security Risks and Catastrophic Events - Insurance Coverage for Cyber- Space Risks, International ecommerce Institute, Minnesota Institute of Legal Education, Minneapolis, Minnesota, November 30, 2001 Insurer Bad Faith After Kissoondath, Chair, Insurance Coverage Institute, Minnesota Institute of Legal Education, Minneapolis, Minnesota, October 31, 2001 Looking Forward to the Past, American Bar Association Litigation Section Annual Meeting, Scottsdale, Arizona, May 9-12, th Annual Insurance Coverage Midyear Meeting, Speaker, American Bar Association, March 8-10, 2001, Tucson, Arizona Insurance Contracts, Hennepin County Bar Association, Minneapolis, Minnesota, October 26, 2000 Insurance and the Web, St. Thomas University, Minneapolis, Minnesota, October 23, 2000 Insurance Coverage for Cyberspace Liabilities, Mealey s Technology Law Conference, Boston, Massachusetts, May 15-16, 2000 Insurance Coverage for Complex Business Litigation, Minnesota Institute for Legal Education, Minneapolis, Minnesota, March 15, 2000 New Insurance Coverages, Products, and Forms, Moderator, Coverage Litigation Committee Midyear Meeting, Tucson, Arizona, March 2, 2000 The Business Side of ecommerce, Minnesota Institute for Legal Education, Minneapolis, Minnesota, February 17, 2000

7 Legal Malpractice Conference 2000, Minnesota Continuing Legal Education, Minneapolis, Minnesota, February 14, 2000 Y2K The Real Issues Behind the Hype: The Insurance Debate, Minnesota Institute for Legal Education, Minneapolis, Minnesota, December 16, 1999 Legal Issues In the Next Millennium, Minnesota Telephone Association, Minneapolis, Minnesota, November 16, 1999 Third Annual Insurance Coverage Institute Issues For the Next Millennium, Co-Chair, MILE seminar, Minneapolis, Minnesota, October 27, 1999 It s Almost Midnight: Do You Know Where Your Y2K Legal Risks Are? Minnesota Y2K Project Managers Group, Minneapolis, Minnesota, September 8, 1999 Year 2000: Litigation and Counseling Issues, American Collectors Association s 6th Annual Convention & Expo, Chicago, Illinois, July 14-17, 1999 Insurance Coverage for Year 2000 Losses The Road Ahead, Handling Insurance Issues in Minnesota, MSBA, Minneapolis, Minnesota, June 15, 1999 Navigating Year 2000 Risks: The Road Ahead, 37th Annual Tri-State Telephone Operators Conference and Showcase, North Dakota Telephone Association, Fargo, North Dakota, May 12, 1999 Preparing for the Year 2000: Avoiding a Legal Hangover, Minnesota High Tech Association CEO Roundtable, Minneapolis, Minnesota, May 7, 1999 The Year 2000 Problem Preparing Your Organization to Cope With the Millennium Bug, Minnesota Health & Housing Alliance, Minneapolis, Minnesota, April 26, 1999 Insurance Claims: Allocation of Settlement Payments: Is It Pay Me Now or Pay Me Later? Minnesota Institute Legal Education, Minneapolis, Minnesota, March 3, 1999 Year 2000 Insurance Coverage Issues, American Collectors Association, Committee of 100 Meeting, Palm Springs, California, February 22, 1999 Insurance Coverage for Year 2000 Claims, West Central Claims Association, Willmar, Minnesota, February 17, 1999 Year 2000 Litigation Strategies, The Minnesota High Tech Association, February 16, 1999, Duluth, Minnesota. Year 2000, The 11th Hour: What You and Your Clients Should Be Doing Now, Minnesota State Bar Association Continuing Legal Education Program, Minneapolis, Minnesota, January 27, 1999 The Year 2000 Crisis: Accounting, Reporting and Legal Issues, American Women s Society of Certified Public Accountants, Minneapolis, Minnesota, January 26, 1999 Year 2000 Insurance Coverage, Minnesota Telecommunications Year 2000 Forum, St. Cloud, Minnesota, December 9, 1998 Year 2000 Coverage Issues, Moderator and Speaker, Eleventh Annual Leonard, Street and Deinard Construction Industry Update, Minneapolis, Minnesota, December 8, 1998 The Year 2000 Crisis: What You Should Know and What You Can Do to Prepare, St. Paul Chamber of Commerce, U.S. West Tech Expo 98, St. Paul, Minnesota, October 29, 1998 The Year 2000 Crisis: More Than Just a Software Problem, Augustana College Forum: Year 2000 Insurance Coverage, Sioux Falls, South Dakota, October 27, 1998

8 Sue You Next Year!: Legal Hangovers From the Year 2000 Bug, Minnesota High Tech Association, Rochester, Minnesota, October 20, 1998 Year 2000 Crisis: Practical Legal & Business Strategies For Avoiding the Abyss, Minnesota State Bar Association, St. Paul, Minnesota, October 9, 1998 The Year 2000 Crisis: Preventing Legal Liability for Your Clients, Midwest Tech Fair 98, Minneapolis, Minnesota, October 9, 1998 Second Annual Insurance Coverage Institute, Minnesota Institute of Legal Education, Minneapolis, Minnesota, October 2, 1998 Sue You Next Year!: Legal Hangovers From the Year 2000 Bug, The Minnesota High Tech Association, Minneapolis, Minnesota, September 24, 1998 The Year 2000 Problem What You Should Know and What You Can Do to Prepare, American Institute for Architects, Minneapolis, Minnesota, July 30, 1998 Insurance Coverage for Year 2000 Claims, Minnesota Software Association Financial Management Roundtable, St. Paul, Minnesota, May 21, 1998 The Year 2000 Crisis: More Than Just a Software Problem, Leonard, Street and Deinard, Bloomington, Minnesota, May 20, 1998 The Year 2000 Crisis: More Than Just a Software Problem, Aon Risk Services, Bloomington, Minnesota, May 12, 1998 Coverage Issues For Business Torts, Moderator, ABA Litigation Section Insurance Coverage Mid-Year Meeting, Acapulco, Mexico, February 21, 1998 What Will You Wish You Had Done the Next Time You Have An Insurance Claim, Moderator and Speaker, 10th Annual Leonard, Street and Deinard Construction Industry Update, Minneapolis, Minnesota, December 9, 1997 Implications of Meadowbrook v. Tower Insurance, Panelist, First Annual Insurance Coverage Institute, Minnesota Institute of Legal Education, Minneapolis, Minnesota, October 3, 1997 PROFESSIONAL AND CIVIC ACTIVITIES Charter chair, Leonard, Street and Deinard s Insurance Coverage Group Federal Bar Association American Bar Association ABA Section of Litigation s Insurance Coverage Litigation Committee o Policyholder recruiting committee co-chair, present o Policyholder website managing editor, o Policyholder chair, 2006 Mid-Year Meeting o Policyholder vice-chair, 2005 Mid-Year Meeting o Policyholder committee vice-chair, 2004 and 2005 o Policyholder chair, Computer & Technology Coverage Subcommittee, 2001, 2002 and 2003 o Policyholder chair, D&O Coverage Subcommittee, 1998, 1999, 2000 o Charter member and policyholder chair, Emerging Issues o Subcommittees, 2003 and 2004 Minnesota State Bar Association

9 Hennepin County Bar Association American College of Coverage and Extracontractual Counsel ( ACCEC ), founding member, 2013 Board of Directors, East Side Learning Center, past member and chair Board of Directors, Capital Community Services Inc., past member and chair RECOGNITIONS Regularly selected for inclusion in Super Lawyers Repeatedly named one of Minnesota s Top-Rated Lawyers by American Lawyer magazine Has an AV Preeminent peer rating (highest rating in legal ability and ethical standards) from Martindale- Hubbell Recently elected as a founding member of the American College of Coverage and Extracontractual Counsel