Thomas D. Donofrio
Tom focuses his practice in insurance coverage counseling and
litigation. He has significant experience advising general
liability, professional liability, and excess insurers on a myriad
of coverage issues involving professional liability claims
(attorneys, accountants, third party administrators, securities
broker-dealers), construction defect claims, personal injury
claims, long-tail toxic tort and property damage claims, additional
insured, and priority of coverage disputes.
Tom has litigated declaratory judgment actions, contribution
claims, and bad faith claims in state and federal courts throughout
the country including complex, multi-party coverage actions. Tom
also regularly counsels insurance clients regarding their coverage
obligations for occurrence and claims-made policies at the primary,
umbrella, and excess levels, including commercial general
liability, professional liability, and commercial auto.
- Insurance Coverage Counseling and Litigation
- Bad Faith Litigation
- McShane Construction v. Gotham Ins. Co. (U.S. Dist. Ct. Neb.,
2016) Obtained dismissal of federal lawsuit seeking declaratory
judgment and extra-contractual damages.
- Western World Ins. Co. v. East Side Health District(U.S. Dist.
Ct. S.D. Ill., 2015) Summary judgment granted on behalf of CGL
carrier enforcing cancellation of policy for non-payment of
- Guyan International v. Professional Benefits
Administrators(U.S. Dist. Ct. N.D. Ohio, 2013) Summary judgment
granted on behalf of professional liability carrier finding no
coverage for TPA.
- Liberty Mutual Ins. Co. v. U.S. Fire Ins. Co.(U.S. Dist. Ct.
W.D. Wis., 2012) Defeated summary judgment motion of co-insurer
seeking contribution leading to settlement.
- Peterson v. Gallagher Benefit Services(U.S. Bank. Ct. N.D.
Ill., 2011) Motion to dismiss granted in adversary proceeding
seeking clawback of premiums for first party property policy.
- Dairyland Power v. Merrill Iron & Steel(Wis. Cir. Ct.,
2011) Summary judgment granted on behalf of CGL carrier in direct
action brought by a general contractor on a construction defect