David A. Luttinger, Jr., advises clients involved with litigation, arbitration, and mediation over insurance coverage, toxic torts, environmental liabilities, commercial disputes, product liability, and criminal and regulatory investigations and prosecutions. He has handled disputes related to underlying securities, environmental matters, asbestos and silica, toxic tort, product liability, directors and officers, errors and omissions claims, and employment practices. His clients include Fortune 500 companies in the energy, chemical, manufacturing, retail, banking, and financial services sectors.
David has experience representing clients in disputes over insurance policies. He handles first-party claims for loss under policies covering physical damage and business interruption, fidelity and crime, title insurance, mortgage insurance, worldwide transportation, and breaches of representations and warranties.
David also regularly advises corporate insureds, auditing insurance assets to procure insurance, structuring commercial and captive insurance programs, identifying potential legal concerns, and counseling clients through negotiations with insurance companies to secure more favorable policy terms.
Before entering private practice, David served as an Assistant District Attorney in the Trial Division of the New York County District Attorney’s Office.
Lead trial attorney in an insurance coverage action in Los Angeles on behalf of Goulds Pumps against Travelers Casualty & Surety Company, an excess insurer. In the action, Goulds sought declarations concerning its rights to $50 million in excess liability coverage. After 13 days of trial, on January 28, 2014 the court issued a favorable Statement of Decision, which adopted Goulds’s position on several key issues, enabling Goulds to access the coverage upon exhaustion of the underlying umbrella coverage.
Lead attorney in an insurance coverage action in the Western District of Pennsylvania on behalf of an industrial fan manufacturer. The manufacturer was sued by its insurer, which 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. After prevailing on summary judgment that the insurer owed a defense obligation, the case went to trial on the bad faith claims and was settled on mutually agreeable terms.
Lead attorney in a coverage case for a large international investment bank under a run-off professional services liability policy in 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 the bank. 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 an 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 more than 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 the 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.
Co-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 favor of our client in a coverage action styled Monongahela Power Co., 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 decision has been affirmed on appeal. TIG Ins. Co. v. Monongahela Power Co., --- A.3d ---, 2014 WL 715453 (Md. Feb. 24, 2014), affirming TIG Ins. Co. v. Monongahela Power Co., 209 Md. App. 146, 58 A.3d 497 (2012).
Lead attorney in an insurance coverage dispute involving a complete loss of a custom-made reactor that the 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 a multinational company whose assets were appropriated by Venezuela.
Lead attorney in first-party/business interruption matter in connection with losses arising out of an earthquake and flooding in Japan.
Lead attorney in a first-party/business interruption case on behalf of a major retailer in litigation over losses arising from property damage and business interruption.
One of the lead attorneys in a multijurisdictional, multifaceted, and multidimensional 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.
Fordham University School of Law, 1991, J.D.
Holy Cross College, 1988, B.A.
District of Columbia
U.S. Courts of Appeals for the Second and Third Circuits
U.S. Supreme Court
U.S. District Courts for the Southern and Eastern Districts of New York
U.S. District Court for the District of New Jersey
Awards and Affiliations
Listed, Acritas Star Lawyer (2017)
Listed, Industry focus - Insurance - advice to policyholders (2016–2017); Dispute resolution - Product liability, mass tort and class action - pharmaceuticals and medical devices - defense (2017),The Legal 500 US
Ranked, Chambers USA: America's Leading Lawyers for Business (2008–2017)