Mr. Fuener is a partner in the firm’s Pittsburgh office focused on complex commercial litigation. A member of the firm’s global Insurance Coverage practice group, he concentrates his practice on representation of policyholders in complex insurance coverage litigation and counseling.
He regularly advises clients on insurance coverage for, among other things, first-party commercial property damage, business interruption and contingent business interruption, asbestos and silica product and premises liability, oil and gas liabilities, environmental property damage, directors and officers liability, fiduciary and crime losses, and nuclear liabilities. Mr. Fuener has helped clients achieve significant insurance recoveries in coverage disputes through both litigation and negotiation. He has represented policyholders in insurance coverage disputes in Pennsylvania, New York, New Jersey, Ohio, West Virginia, Louisiana, Iowa, Texas, Florida, Washington, California, as well as internationally. Mr. Fuener’s recent insurance coverage matters have included the following:
- Representing industrial manufacturing client in coverage litigation against historical general liability insurers involving coverage for substantial alleged environmental liabilities arising from former manufacturing facility.
- Represented aerospace manufacturer in connection with large property damage, business interruption and extra expense losses arising out of tornado damage at manufacturing facility.
- Represented power generation company in insurance litigation and appeals securing coverage for client’s $80+ million settlement of lawsuits arising out of alleged radiation exposure.
- Represented international clinical laboratory services in coverage litigation of property damage, business interruption and contingent business interruption claims arising out of damage to multiple laboratory facilities and customer locations of the client caused by Hurricane Katrina.
- Coverage counsel for international liquid propane gas distributor for review of various coverage lines such as general liability, property, directors and officers liability, fiduciary liability, employment practices liability, cyber insurance, and commercial crime insurance.
- Representing Fortune 500 metals manufacturing company in coverage dispute under general liability policy regarding long-tail asbestos liabilities arising out of alleged use of asbestos in historic construction project.
- Represented heating and cooling manufacturing company in connection with insurance coverage for asbestos long-tail liability claims.
- Represented New Orleans hotel in litigation of property damage, business interruption and contingent business interruption claims arising out of Hurricane Katrina.
- Represented global financial services firms in connection with compliance with flood insurance requirements related to mortgage lending business.
- Represented industrial manufacturing client in litigation involving rights to historical general liability insurance policies among client and numerous corporate successors to client.
- Represented industrial chemical manufacturer in connection with insurance coverage for property damage, business interruption, and related claims arising out of fire at manufacturing facility.
- Representing oil, gas and energy company in connection with well-control insurance, liability insurance, contractual indemnity and additional insured issues arising out of a loss of well control and other work site incidents.
- Represented oil and gas company in litigation arising out of disputed coverage under professional liability policy for losses arising out of subsurface collision of wells.
- Represented geoengineering company in connection with builder’s risk insurance coverage issues arising out of Dubai construction project.
- Represented owner of solar energy projects in connection with insurance coverage for hurricane-related property damage, service interruption and related business interruption losses.
- Represented metals manufacturing corporation in connection with coverage disputes and cost sharing agreements with respect to asbestos long-tail liability claims.
- Represented municipality in connection with builder’s risk insurance issues arising out of delayed infrastructure projects.
- Represented band in connection with tour cancellation insurance claim.
Mr. Fuener has also counseled clients on complex underwriting and risk management issues, including the structure, negotiation and manuscripting of first-party commercial property insurance, flood, general liability insurance, D&O, professional liability, fidelity and crime, cyber and other insurance policies and programs, and has done so for clients in a wide variety of industries.