The firm served as lead counsel to Boardman Petroleum in two significant actions resulting in reported decisions. The first action was brought in the United States District Court for the Southern District of Georgia (Augusta) for recovery of the cleanup costs associated with environmental contamination of a number of sites. Upon a certified question from the Eleventh Circuit, the Georgia Supreme Court accepted our arguments and construed the “onsite” property damage exclusion in our favor, holding that the exclusion did not exclude coverage for property damage that had spread offsite or was in imminent danger of spreading offsite. The Supreme Court also accepted our argument and cited with approval cases from other jurisdictions that refused to allocate between covered and excluded costs when such costs were awarded for remediating both onsite and offsite pollution. The decision is reported at Boardman Petroleum, Inc. v. Federated Mut. Ins. Co., 269 Ga. 326, 498 S.E.2d 492 (Ga. 1998). In the second suit, the Eleventh Circuit held that the breach of contract claim instituted by Boardman Petroleum in Georgia took precedence over declaratory judgment actions instituted by carriers in South Carolina, despite South Carolina’s statute providing that insurance disputes involving property damage generally will be governed by the law of the state where the property is located. The Eleventh Circuit held that Georgia’s law controlled, which led to a favorable settlement for our client. The decision is reported at Boardman Petroleum, Inc. v. Federated Mut. Ins. Co., 150 F.3d 1327 (11th Cir. 1998). Boardman Petroleum, Inc. v. Federated Mut. Ins. Co., 269 Ga. 326, 498 S.E.2d 492 (Ga. 1998); Boardman Petroleum, Inc. v. Federated Mut. Ins. Co., 150 F.3d 1327 (11th Cir. 1998).

Experience Center

Match our Experience to Your Needs

Experience Highlights

Successful litigation of condominium construction defect claims
Represented the plaintiff Trillium Ridge Condominium Association in pursuing claims for the defective design and construction of six high-end more
Antitrust counseling to actuarial firms' captive insurance company
The firm has served for many years as antitrust counsel to a captive insurance company comprised of three competitor members. more
Kennedy v. Plan Administrator for DuPont Savings and Investment Plan
Represented E. I. du Pont de Nemours and Company before the U.S. Supreme Court, resulting in a victory. The more
Multifaceted debt refinancing transaction for Interface Inc.
Represented Interface Inc., a worldwide leader in the design, production and sales of modular carpet, in its approximately $300 million public debt more