Chris Popecki advises corporate policyholders and litigates complex insurance recovery matters on their behalf.
With a focus on obtaining defense and indemnity coverage for “long-tail” product liability, environmental and public nuisance claims under corporate insurance programs, Chris has litigated high-profile disputes across the country and obtained successful results via settlement, at trial and on appeal. Chris provides advice regarding insurance asset valuation and rights under historic liability insurance programs to corporate successors and potential purchasers of entities with legacy liabilities. Chris has also guided clients through challenging business interruption and property damage claims.
Representative Experience
- Represented several national and regional retailers with combination grocery and pharmacy stores seeking recovery of their defense and settlement costs for thousands of lawsuits brought by governmental entities, health care providers and individuals seeking funds for treating injuries related to alleged diversion of prescription medications.
- Integral member of litigation team that prevailed in four bench trials and preserved on appeal a comprehensive judgment securing access to hundreds of millions of dollars in general liability policy limits for an historic conglomerate named in thousands of product liability claims, securing declaratory relief on critical issues for policyholders seeking coverage for “long-tail” bodily injury claims, including trigger of coverage, all sums versus pro rata allocation, vertical versus horizontal exhaustion, the application of prior insurance and non-cumulation of liability conditions, whether non-settled insurers are entitled to contribution or settlement credits after the policyholder settles with other insurers, and the use of tax-advantaged qualified settlement funds (QSFs) to maximize assets available for defending and settling underlying claims.
- Briefed merits issues at all levels of trial court and appellate proceedings in coverage action on behalf of a corporate successor responsible for defending thousands of bodily injury claims arising from historic manufacturing products, resulting in a state supreme court decision upholding the assignment of insurance recovery rights under an historic general liability insurance program and requiring the insurer to fund the defense of product liability claims.
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- Advised potential purchasers and facilitated due diligence regarding the valuation of liability insurance assets and strategies for improving insurance recovery performance of target companies with legacy liabilities and access to historic insurance programs.
- Represented a health care staffing company and an aerospace company to achieve favorable settlements of insurance claims for property damage and business interruption losses related to substantial water damage at their respective headquarters.
- Advocated for numerous pro bono clients, including nonprofit corporations with insurance recovery needs, members of the United States armed forces and affirmative asylum seekers that suffered political persecution in their home countries.
Professional Highlights
- Member, Litigation Department of the Year, Specialty Insurance, National Law Journal (2021)
- Member, Practice Group of the Year, Insurance, Law360 (2020)
Education
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J.D., University of Michigan Law School, 2014
B.A., History and Political Science, St. John's University, 2009
Admissions
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California
District of Columbia
Virginia