practice areas
honors + affiliations
bar admissions
- New York
- New Jersey
- District of Columbia
Court Admissions
- U.S. Supreme Court
- U.S. Courts of Appeals for the Second and Third Circuits
- U.S. District Courts for the Southern and Eastern Districts of New York
- U.S. District Court for the District of New Jersey
- New York
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101 Park Avenue
New York, NY 10178-0060
Phone: 212.309.6177
Fax: 212.309.6273
David A. Luttinger is a partner in Morgan Lewis's Litigation Practice. Mr. Luttinger has represented and advised clients involved in litigation, arbitration, and mediation concerning insurance coverage, toxic torts, environmental liabilities, commercial disputes, product liability, and criminal and regulatory investigations and prosecutions. Mr. Luttinger has handled disputes concerning underlying securities, environmental, asbestos/silica, toxic tort, product liability, directors and officers, errors and omissions claims, and employment practices; he has also handled first-party claims for loss covered by physical damage and business interruption policies, fidelity and crime policies, title insurance policies, mortgage insurance policies, worldwide transportation policies, and representation and warranty policies. Mr. Luttinger also advises corporate insureds regularly on matters in connection with the procurement of insurance by auditing insurance assets, structuring commercial and captive insurance programs, identifying potential legal issues, and advising in the negotiations for more favorable policies terms.
Mr. Luttinger's clients include Fortune 500 companies involved in the energy, chemical, manufacturing, retail, banking and financial services sectors. Prior to joining Morgan Lewis in 2003, Mr. Luttinger was a partner at another national law firm. Prior to private practice, Mr. Luttinger was an assistant district attorney in New York County in the Trial Division.
Mr. Luttinger is admitted to practice in New York, New Jersey, and the District of Columbia and before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second and Third Circuits, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. District Court for the District of New Jersey.
Selected Representations
- Lead attorney in a coverage case for a large international investment bank under a run-off professional services liability policy under which the bank sought recovery for amounts paid defending against and settling various suits asserted against its predecessors-by-merger. Separate rounds of summary judgment were filed in 2009 and 2010, with the 2009 briefing leading to summary judgment in favor of client. In late 2010, on the eve of trial, following extensive briefing and oral argument, all of the remaining insurers agreed to a settlement on terms favorable to the bank.
- Defended individual at trial in the Southern District of New York against criminal charges of insider trading.
- Lead attorney in multiple cases brought in Pennsylvania and California on behalf of an energy company that faced over a hundred suits alleging damages arising from MtBE and MtBE containing gasoline. The case in Pennsylvania led to a judgment that the Court of Appeals for the Third Circuit affirmed, which established insured's right to $50 million for the defense and settlement of scores of suits. In the California case, after favorable rulings against two sets of insurers were obtained, the disputes were settled on terms favorable to the client.
- Lead attorney for an electric utility facing thousands of asbestos related lawsuits. After a bench trial, the Circuit Court of Maryland for Washington County entered judgment in a coverage action styled Monongahela Power Company et al. v. Certain Underwriters at Lloyd's London, et al., Case No. 21-C-03-16733-DJ (Circuit Court of Maryland, Washington County). The court's rulings were that (i) Pennsylvania law applies to all policy interpretation issues; (ii) all of the asbestos suits brought arose out of a single occurrence and that the insured only was required to pay one retained limit; (iii) the asbestos suits trigger coverage; and (iv) the insured has the right to select a single policy year triggered by the asbestos suits to pay "all sums" for settlements and judgments for such suits.
- Lead attorney in insurance coverage dispute involving a complete loss of a custom-made reactor that client was building in the United Arab Emirates. Shortly after filing suit on behalf of the insured, the insurer agreed to a protocol to exchange information and then after a settlement meeting, the matter was resolved on terms favorable to the client.
- Lead attorney in negotiating a resolution of a political risk insurance claim for multi-national company whose assets were appropriated by Venezuela.
- Lead attorney in first party/business interruption matter in connection with losses arising out of earthquake and flooding arising in Japan.
- Lead attorney in a first-party/business interruption case on behalf of major retailer in litigation over loss arising from property damage and business interruption.
- Lead attorney in a case for industrial fan manufactured in an insurance litigation filed by its insurer that asserted it had no defense or indemnity obligation for a lawsuit alleging damage and business interruption loss due to damage caused by the insured's products. We prevailed on summary judgment establishing a defense obligation and defeated the insurer's motion for reconsideration.
- One of the lead attorneys in a multi-jurisdictional, multi-faceted, and multi-dimensional series of lawsuits seeking to obtain insurance coverage for tens of thousands of asbestos, silica, and environmental actions filed nationwide against the subsidiaries of a Fortune 500 Company.
education
- Fordham University School of Law, 1991, J.D.
- Holy Cross College, 1988, B.A.
Additional Information
decisions
- National Fire Ins. Co. v. Robinson, No. 10-1054 (W.D. Pa., July 18, 2011)
- Monogahela Power v. Certain Underwriters, No. 21-C-03-16733 (Cir. Ct. Wash. Cnty MD, January 10, 2011)
- Sunoco v. AISLIC, No. BC330538 (Sup. Ct. CA, Los Angeles, July 26, 2010
- Alex. Brown v. Villers, No. 24-C-08-003597 (Cir. Ct. City of Baltimore, October 15, 2009)
- Sunoco v. AISLIC, No. BC330538 (Sup. Ct. CA, Los Angeles, February 13, 2008)
- Sunoco, Inc. and Sunoco, Inc. (R&M) v. Illinois National Insurance Company, 2007 WL 295267 (3rd Cir. January 31, 2007)
- Certain Underwriters at Lloyd's London, et al. v. Pneumo Abex Corporation, et al. 36 A.D. 3d 441, 829 N.Y.S. 2d 29 (N.Y. Sup Ct., 2007)
- Wal-Mart Stores, Inc. v. United States Fidelity and Guaranty Company, et al. 29 A.D. 3d 315, 816 N.Y.S. 2d 17 (1st Dept., 2006)
- Sunoco, Inc. v. Illinois National Insurance Company 2005 WL 2562776 (E.D. Pa., 2005)
- Sunoco, Inc. v. Illinois National Insurance Company 2005 WL 2077258 (E.D. Pa., 2005)
- Wal-Mart Stores, Inc. v. United States Fidelity and Guaranty Company, et al. 11 A.D. 3d 300, 784 N.Y. 2d 25 (1st Dept., 2004)
- Federal Insurance Company v. Safeskin Corporation 1998 WL 832706 (S.D.N.Y., 1998)
- Mallon Resources Corporation and Mallon Oil Company v. Midland Bank 1997 U.S. Dist. LEXIS 14954 (S.D.N.Y., 1997)
- The People of the State of New York v. Kathy Cooks 230 A.D. 2d 683 (1st Dept., 1996)