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Michael T. McCormack

Shareholder

Phone: 860-258-1993
Fax: 860-258-1991
mmccormack@omjblaw.com
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Michael represents clients in trials and arbitration proceedings involving complex insurance coverage litigation. He represents policyholders in claims for recovery of insurance benefits under various types of insurance policies, including general liability, property, director and officer liability, professional liability, life, disability and title insurance. He also represents insurance and financial services clients in proceedings before the Connecticut Insurance Department and Connecticut Banking Department.

In addition to his insurance coverage practice, Michael represents clients in securities and financial services litigation and arbitrations, commercial contract, business tort, trade secret, non-compete, and product liability litigation. Michael has represented clients from various industries in numerous jury and court trials in the state and federal courts in Connecticut, appeals before the Connecticut Appellate and Supreme Courts, and in litigation and arbitration matters in courts throughout the country.

Practice Areas

  • Insurance Coverage and Recovery Litigation
  • Business Litigation
  • Product Liability
  • Securities and Investment Product Litigation
  • Lawyer to Lawyer

Education

  • Catholic University of America, J.D., 1992 (Managing Editor, The Journal of Contemporary Health Law and Policy, 1991 – 1992)
  • Providence College, B.S. Marketing Management, 1989, Cum Laude

Bar Memberships

  • Connecticut
  • Massachusetts
  • United States District Court, District of Connecticut
  • United States Court of Appeals, Second Circuit
  • United States District Court, District of Massachusetts
  • United States Supreme Court

Legal Employment

  • O’Sullivan McCormack Jensen & Bliss PC, Shareholder, (Aug. 2014 – Present)
  • Hinckley Allen & Snyder, LLP, Partner (2008 – 2014)
  • Tyler Cooper & Alcorn, LLP, Partner (2004 - 2008), served as co-chair of litigation department, Associate (1999-2003)

Professional Affiliations

  • American Bar Association: Member - Insurance Coverage Litigation Committee, Torts and Insurance Committee, Corporate Litigation Committee
  • Connecticut Bar Association: Insurance Law Section, Executive Committee Member, Chair (2012-2014); Litigation Committee, Executive Committee Member
  • Hartford County Bar Association, Insurance Law Committee
  • Defense Research Institute (DRI): Commercial Litigation Committee, Insurance Law Committee, Product Liability Committee

Special Honors

  • Recipient of the Martindale-Hubbell AV Peer Review Rating
  • Named a New England “Super Lawyer," Business Litigation (2013, 2014), Insurance Coverage (2015)
    • selection process described here

Charitable and Civic Involvement

  • State of Connecticut Insurance and Risk Management Board of Directors, Hartford, Connecticut
  • Diocese of Norwich Catholic Foundation Board of Directors, Norwich, Connecticut
  • Church of the Holy Family Finance Committee, Hebron, Connecticut, Past Chair
  • Providence College Alumni Association, Hartford Chapter, Past President
  • Hebron Youth Sports Coach

Publications

  • Coverage Insights, Insurance law blog focusing on insurance law developments, September 2015 - Present
  • Breach of Duty to Defend Exposes Insurers to Liability, Connecticut Law Tribune, December 2015
  • Insurer’s Replacement Obligations Aren’t Black and White, Connecticut Law Tribune, February 2015
  • When the Government Demands Documents: Insurance Coverage for Regulatory Investigations, Connecticut Law Tribune, November 2014
  • When Disaster Strikes, Connecticut Law Tribune, June 2013
  • Understanding Coverage can Keep Insured Afloat, Providence Business News, November 2012
  • DRI Excess and Umbrella Insurance Compendium, Connecticut Contributing Author, DRI, March 2009
  • Directors and Officers Insurance Coverage Issues in Bankruptcy Proceedings, The Business Suit, DRI Commercial Litigation Committee, June 2009

Lectureships

  • Getting to Less: Strategies for Reducing Discovery in Insurance Coverage Litigation, Connecticut Bar Association, UCONN Law Center, February 2016
  • Insurance Discovery in Motion, Connecticut Legal Conference, June 2014
  • Insurance Coverage 101, Connecticut Bar Association, UCONN Law Center, January 2014
  • When the Feds Come Knockin', Who Has You Covered?, USLAW Conference, Chicago, September 2011
  • Getting Your Insurance Program to Work Together, USLAW Conference, Chicago, September 2011
  • Declaratory Judgments, Connecticut Bar Association Annual Meeting, Hartford, June 2011
  • How to Get Your Substantial Insurance Claim Covered - USLAW Conference, Colorado Springs, Colorado, October 2010
  • Business Interruption Insurance Claims: The Need to Restore the Insured's Business, Connecticut Bar Association, January 2010
  • Is There Coverage: Insurance Coverage Principles for the Business Litigator, Connecticut Bar Association, February 2009
  • Insurance Coverage Litigation, National Business Institute, August 2008
  • We've Just Been Sued for IP Infringement: Are We Covered, Connecticut Bar Association, June 2008
  • Insurance Bad Faith Claims in Connecticut, Lorman Education Services, July 2005
  • Insurance Law: Third Party Coverage in Connecticut, National Business Institute, 2003

Representative Transactions

Insurance Coverage and Recovery Experience

  • Represented health care institution in claim for recovery of attorney's fees under director and officer policy arising from governmental investigation
  • Represented air cargo client in multi-million dollar aircraft property damage claim under property insurance policy
  • Represented freight railroad client in claim for recovery of adverse trial verdict in excess of limits of coverage under liability insurance policy following insurer’s failure to settle claim within policy limits
  • Represented yacht owner in claim for insurance recovery under yacht insurance policy for property damage arising from fire
  • Represented product manufacturer in claim for recovery of attorney’s fees and indemnity under missing insurance policies arising from mass tort litigation
  • Represented foreign supplier of electrical and electronic products in claim for insurance coverage arising from multi-million dollar product defect claim filed in United States
  • Represented financial institution in claim for recovery of attorney fees and litigation expenses under liability policy arising from defense of trademark infringement litigation
  • Represented bank client in multi-million dollar claim for recovery of mortgage loan proceeds as additional insured under property policy issued to borrower
  • Represented education institution in multi-million dollar claim for collapse damage under property policy arising from damage to university chapel
  • Represented property owner in claim for insurance recovery under property policy providing coverage for collapse arising from damage to concrete building walls
  • Represented steel manufacturer in claim for recovery of insurance proceeds under flood insurance policy issued under National Flood Insurance Program
  • Represented municipality in connection with claim for recovery of attorney fees and litigation expenses under liability insurance policy arising from property development dispute

Business Litigation Experience

  • Obtained directed verdict on behalf of multi-media client in jury trial involving claims for liability of independent contractor and indemnity liability
  • Obtained multi-million dollar arbitration award and judgment on behalf of software company in dispute involving claims of breach of software development contract, theft of computer source code, and violation of Connecticut Unfair Trade Practices Act
  • Recovered award of money damages on behalf of health care professional following arbitration hearings on claims involving breach of medical partnership agreement, breach of fiduciary duty, and violation of the Connecticut Unfair Trade Practices Act
  • Obtained recovery of damages through counterclaim on behalf corporate client in defense of claims of misappropriation of trade secrets and violation of Connecticut Unfair Trade Practices Act
  • Obtained dismissal of cased filed against financial consultant of distressed company involving claims of tortious interference
  • Represented liquidating custodian of precious metals refining company in multi-million dollar claim for damages against auditor arising from audit failures and fraud by corporate employee
  • Represented limited liability company in litigation filed by alleged member of company involving disputed membership interests and alleged violation of Connecticut Unfair Trade Practices Act
  • Obtained injunctive relief on behalf of national moving and storage company against independent dealer for violation of Connecticut Uniform Trade Secrets Act and breach of contract
  • Represented condominium association in litigation against developer over construction defects and declarant control of condominium association

Product Manufacturer/Distributor Experience

  • National trial and coordinating counsel for electrical products manufacturer in product liability cases involving fire and explosion causation issues
  • Secured summary judgment on behalf of manufacturer in personal injury action which resulted in jury award in excess of $14 million against codefendants
  • Obtained summary judgment on behalf of product manufacturer after obtaining order excluding expert testimony through successful Daubert challenge
  • Secured jury defense verdict on behalf of video equipment manufacturer in product liability case arising from residential fire
  • Obtained dismissal of Connecticut Department of Health administrative proceeding following administrative hearing against retail pharmacy involving claims of sales of expired products
  • Represented foreign manufacturer in product liability action involving $8 million in claimed losses arising from alleged failure of power plant generating equipment
  • Represent multiple product manufacturers in the defense of asbestos toxic tort matters, medical device product defect claims, and other product liability cases involving wrongful death, personal injury, and substantial property losses

Securities/Financial Services Litigation Experience

  • Represented insurance producer in administrative license revocation proceeding commenced by Connecticut Insurance Department
  • Represent financial service companies, firms, and advisors in cases involving claims for damages under Connecticut Uniform Securities Act
  • Represent financial service firms, financial advisors and investors in FINRA arbitration proceedings, litigation and administrative proceedings involving claims of unsuitable financial products, churning, breach of fiduciary duty, negligence, and breach of contract matters
  • Represent financial services firms in court and FINRA arbitration proceedings seeking injunctive relief and damages arising from claims of breach of nonsolicitation and nondisclosure agreements and misappropriation of trade secrets
  • Represented insurance producer in litigation arising from sale of stranger oriented life insurance policies

 

Select Decisions of Interest

State Courts:

Alvarez v. New Haven Register, Inc., 249 Conn. 709 (1999).

Manka v. Walt Disney Co., 149 Conn. App. 1 (2014)

Knox v. Smith, 127 Conn. App. 593 (2011).

Piteo v. Gottier, 112 Conn. App. 441 (2008).

Torres v. Kunze, 106 Conn. App. 802 (2008).

Banks Bldg. Co., LLC v. Malanga Family Real Estate Holding, 102 Conn. App. 231 (2007).

Banks Bldg. Co. v. Malanga Family Real Estate Holding, LLC, 92 Conn. App. 394 (2004).

Mezes v. Mead, 48 Conn. App. 323 (1998).

 

Federal Courts:

Hubbard v. Total Communs. Inc., 347 Fed. Appx. 679 (2d. Cir. 2009).

Southern Air, Inc. v. Chartis Aero. Adjustment Servs, 2012 U.S. Dist. LEXIS 5781 (D. Conn. 2012).

Fireman's Fund Ins. Co. v. Tecumseh Prods. Co., 767 F. Supp. 2d 549 (D. Md. 2011).

Hernandez v. Cavaliere Custom Homes, Inc., 511 F. Supp. 2d 221 (D. Conn. 2007).

WB Music Corp. v. Symetry Enters., LLC, 2007 U.S. Dist. LEXIS 52862 (D. Conn. 2007).

Impulsive Music, Inc. v. Bryclear Enters., LLC, 483 F. Supp. 2d 188 (D. Conn. 2007).

Four Seasons Software, LLC v. ICICI Infotech, Inc., 2006 U.S. Dist. LEXIS 92723 (D. Conn. 2006).

McCarty v. Derivium Capital, LLC, 2005 U.S. Dist. LEXIS 31242 (D. Conn. 2005).

Media Group v. Tuppatsch, 298 F. Supp. 2d 235 (D. Conn. 2003).

Greif v. Anheuser-Busch Cos, 114 F. Supp. 2d 100 (D. Conn. 2000).

Inset Sys. v. Instruction Set, 937 F. Supp. 161 (D. Conn. 1996).