Elaine Panagakos is a litigator with more than 30 years of experience. Her practice focuses on insurance and reinsurance matters.

    Elaine works with insurers both to resolve coverage disputes as they arise and to apply the lessons learned from those experiences to reduce the likelihood and frequency of future disputes. She has represented and advised insurer clients in cases involving coverage for widely publicized, highly controversial allegations of misconduct by institutional policyholders, and developed expertise in the emerging areas of insurance coverage law that such matters have generated.

    In addition to direct advocacy on behalf of her clients, Elaine works to further the rights and interests of the insurance industry through appellate advocacy, which encompasses both coverage cases and tort cases wherein issues of concern to insurers are presented to state supreme courts or federal courts of appeals for precedent-setting determinations.

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    • Represented and counseled insurer in dispute over claimed coverage for tens of millions of dollars paid by policyholder to settle with multiple victims of serial sexual predator.
    • Represented and counseled insurers in numerous matters involving coverage for environmental and toxic tort liabilities.
    • Counseled insurer in connection with the development of its policy language.
    • Represented insurer in multiparty, multiforum litigation over coverage for catastrophic bodily injuries caused by unusual accident.
    • Represented amicii curiae in support of insurer litigants advocating for enforcement of consent to settlement provisions and manifestation trigger of coverage for environmental contamination.
    • Represented amicii curiae in support of “second generation” asbestos defendants advocating for standards of causation and evidentiary admissibility to be predicated on reliable science.

    Education

    • Duke University, J.D., with honors, 1987
    • Yale University, B.A., cum laude, 1984

    Admissions

    • District of Columbia, 1989
    • New York, 1988

    • Co-author, "Autonomous Vehicle Incidents: Who's Liable?" Automotive News, October 1, 2018.
    • Co-author, “AI in Insurance: New Opportunities Come With New Worries,” Property Casualty 360°, May 8, 2018.
    • Co-presenter, “Policyholder Responsibility for Periods of No Insurance,” Perrin 2015 Emerging Insurance Coverage & Allocation Issues Conference, May 2015.
    • Author, "Allocating Costs to Policyholders for Periods of No Insurance: Should There Be an 'Unavailability Exception'?" The Insurance Coverage Law Bulletin, Vol. 13, No. 9, October 2014.
    • Co-presenter, “Emerging Issues in Trigger and Allocation,” EECMA 2013 Conference and Meeting, May 2013.
    • Co-author, "The Limitations of Liability Coverage Under 'Designated Premises' Policies," The Insurance Coverage Law Bulletin, Vol. 10, No. 6, July 2011.
    • Co-author, "Borg-Warner v. Flores: Restoring the Rule of Science and Law to Asbestos Litigation in Texas," Mealey's Litigation Report: Asbestos, November 2010.

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