Catching the White Whale — Proving Insurance Bad Faith and Recovering Punitive Damages at Trial in the United States

Mark Van de Voorde , Chief Legal and Administrative Officer, Worldwide General Counsel, Victaulic Company of America (inc), USA

On the heels of their $55.3 million insurance litigation victory in Victaulic Co. v. American Home Assurance Co. et al., Victaulic Company’s Chief Legal and Administrative Officer Mark Van De Voorde and Victaulic’s outside trial counsel Joseph D. Jean, Colin T. Kemp and G. Allen Brandt of Pillsbury Winthrop Shaw Pittman LLP, review strategies for taking an ’insurance bad faith” case to trial before a jury in the United States. The article broadly outlines the importance of appropriate liability insurance to multi-national corporations, and the means by which in-house counsel can manage business risk through insurance and by working with their insurers. If and when, however, the relationship with an insurer breaks down, in-house counsel must lead their clients in preparing for trial. That takes planning and preparation, however. Based in part on their experience in the Victaulic litigation, the authors explain how to get ready for trial, outlining strategies for success, including utilizing the jury instructions and applicable law as guides, using the discovery process to marshal the evidence, and advancing themes and theories to tell a good, compelling story to the jury. Along the way, the authors provide a primer on U.S. insurance jurisprudence, highlight useful resources and identify pitfalls to avoid.

Mark Van De Voorde is the Chief Legal and Administrative Officer and CorpMark Van De Voorde is the Chief Legal and Administrative Officer and Corporate Secretary of Victaulic Company, Victaulic LLC and Victaulic International Sarl (’Victaulic”). In this role, Mark deals with a wide array of legal and compliance issues around the world including but not limited to commercial law, litigation and dispute resolution, import-export, antitrust and fair trade, environmental, health and safety, SRO and regulatory approvals, anti-corruption and anti-money laundering as well as corporate development projects. Mark holds a B.B.S. in Finance from the University of Iowa, a J.D. with high distinction from the University Of Iowa College Of Law, and an M.B.A. with honors from the University of Chicago.

Victaulic is the originator and world’s leading producer of mechanical pipe joining solutions and grooved pipe joining systems. Used in the most demanding markets, Victaulic innovative pipe fitting technologies and services put people to work faster while increasing safety, ensuring reliability and maximizing efficiency. Victaulic grooved couplings, grooved fittings and pipe connectors are at work in more than 140 countries across diverse business lines. The company’s pipe fitting solutions meet specific business needs such as accommodating thermal movement, providing seismic solutions, safer system installations, pipeline maintenance and installation, fire protection piping and noise and vibration attenuation. For details and more, see http://www.victaulic.com