James E. McGuire, Esq.

Representative Mediations

• Mediator in business disputes with claims against officers and directors as well as corporation, involving D&O coverage issues, with counsel defending under reservation of rights, including mediation within mediation to resolve coverage and allocation issues
• Mediator in complex, multi-party environmental dispute with multiple allocation issues among parties with insurance coverage/partial coverage and no coverage with down-gradient contribution claims and related issues involving leaking underground storage of petroleum products including matrix analysis for fair allocation among primary and excess carriers and insured’s multiple self-insured retentions under various policies
• Mediator in major medical insurance claim dispute involving hospital, medical insurance providers, and corporate employer with coverage and authorization issues
• Mediator in major medical malpractice case with coverage and allocation issues, resulting in mediation within mediation to resolve defense/insurance disputes as integral step to resolution of wrongful death malpractice action involving doctors, nurses, and medical facilities

Representative Arbitrations

• Chair arbitrator on coverage dispute involving IP claims and professional liability insurance

Supplementary Matters

• CGL coverage for environmental claims: Settlement counsel/litigation counsel on coverage disputes, usually on behalf of Fortune 500 and other corporate clients.
• Securities Fraud Class Actions: As settlement counsel for Debtor-in-Possession, settled successfully a major securities fraud class action, including negotiated contributions from carriers providing D&O coverage
• Specialty lines, including underground storage of natural gas: As settlement counsel, facilitated settlement of multiple claims concerning loss of product in underground storage of natural gas, including resolution of occurrence/proof of loss disputes and allocation issues among primary and excess carriers