Rhonda Joy Tobin

Professional Associations

American Bar Association
Section of Litigation, Professional Liability Section newsletter Professional Liability Update, New England Editor (1998 - 1999)
Tort Trial and Insurance Practice Section, Vice Chair of Professionals' Officers' and Directors' Liability Committee (2001 - 2010)

Professional Liability Underwriting Society
Hartford Chapter Steering Committee

AIDA Reinsurance and Insurance Arbitration Society, ARIAS US (2007 - present)

Defense Research Institute
Professional Liability Committee (1992 - present)

National Legal Malpractice Data Center

Connecticut Bar Association
Insurance Law Section
Litigation Section

Connecticut Defense Lawyers Association

Defense Research Institute
Insurance Law Committee

United States Law Firm Group
Chair of Litigation Committee (2007 - present)

Connecticut Bar Foundation
James W. Cooper fellow

Connecticut Insurance and Financial Services Cluster

American Bar Foundation
fellow (2013 - present)

University of Connecticut School of Law
Adjunct Professor

Defense Research Institute
Regional Editor of Covered Events for Insurance Law Committee newsletter (1992 - 1996)

University of Connecticut School of Law
Adjunct Professor

Defense Research Institute
Regional Editor ofCovered Events for Insurance Law Committee newsletter (1992 - 1996) Fellow: 2013 to present

- Connecticut Bar Association, Insurance and Litigation Sections

- Connecticut Bar Foundation, James W. Cooper Fellow

- Connecticut Defense Lawyers Association

- Connecticut Insurance and Financial Services Cluster

- National Legal Malpractice Data Center

Community Involvement

- University of Connecticut School of Law, Adjunct Professor

Honors and Awards

- Listed in Connecticut Super Lawyers® in the areas of Insurance Coverage, Business Litigation, and Professional Liability Defense since 2008 (Super Lawyersis a registered trademark of Key Professional Media, Inc.)

- Connecticut Law Tribune, 2010, recognized in Women in the Law: High Achieversyearbook

Experience

- Litigated D&O insurer's grounds to challenge court order requiring review and production of thousands of "other insured" claims files, at a cost certain to exceed $1 million, in declaratory judgment coverage dispute that included claims of bad faith settlement practices. Represented D&O insurer for third-party defendant in action brought to recover for services allegedly rendered in connection with a failed corporate acquisition. The third-party complaint sought to hold individual insured under D&O policy liable for alleged breaches of fiduciary obligations owed to board of directors of named insured. The coverage disputes included the application of the insured v. insured exclusion in the D&O policy, apportionment disputes between the individual insured and a noninsured entity represented by joint defense counsel, and the assertion of extracontractual claims under the applicable insurance claims-handling statute.

- Representation of D&O insurer in coverage litigation concerning six underlying actions alleging death spiral financing and fraud and concerning the applicability of late notice/prejudice issues, prior and pending litigation and prior knowledge exclusions, interrelated wrongful acts interpretation, and disputes regarding allocation of defense expenses among covered and uncovered parties and claims. Obtained summary judgment on late notice.

- Successfully obtained summary judgment on behalf of defendant in nationwide class action challenging defendant's business practices concerning its administration of one of its annuity products. The plaintiff class consisted of members from 51 jurisdictions.

- Represented a commercial property insurer in several multimillion-dollar cases involving business interruption and property damage losses due to the 9/11 terrorist attack on the World Trade Center. Successfully briefed motion for summary judgment on the "period of restoration" and consequential damages (2005 U.S. Dist. LEXIS 5389).

- Won multimillion-dollar summary judgment on behalf of insurer seeking payment involving a large risk alternative rating and insurance program agreement entered into with a national retail chain. Also recovered attorneys' fees and costs for the costs of the litigation.

- Successfully defended Connecticut state marshal in case of first impression regarding whether a civil capias grants authority to enter a home without consent or exigent circumstances. No court in the country had conclusively resolved whether a civil capias is equivalent to a Fourth Amendment arrest warrant. After extensive briefing on the history and origins of the capiaswarrant, the District of Connecticut granted summary judgment in favor of the state marshal on the basis of the qualified immunity doctrine. Milner v. Duncklee, 460 F. Supp. 2d 360 (D. Conn. 2006).

- Successfully defended life insurance company in jury trial in federal court in Massachusetts concerning denial of life insurance benefits under cancelled insurance policy.

- Successfully represented insurance company in parallel reinsurance disputes with its Bermuda reinsurer, obtaining almost $1 million of collateral required under several programs of insurance.

- Represented insurers and reinsurers in efforts to obtain protective orders precluding discovery of communications with reinsurers and reinsurers' claim files.

- Prevailed in reinsurance arbitration against program reinsurer over monies owed under multiple years' contracts reinsuring commercial liability, property, and liquor liability losses. Arbitration included actuarial assessments of future losses and expert opinions regarding claim handling. Also obtained favorable rulings regarding prehearing security and attorneys' fees.

- Representation of insurance agent in lawsuit brought by clients related to misrepresentations in application that voided coverage and duty to verify accuracy of information in application.

- Representation of financial planner in lawsuit brought by investor client for inappropriate sale of annuities and life insurance products.

- Representation of banking lawyer in suit by FDIC over failure of community bank and litigated issues related to scope of attorney's duty regarding due diligence about borrower.

- Representation of TPA in errors and omissions claims by client who provided notice of fatality occurrence and subsequent wrongful death action to TPA but not to insurer, resulting in insurer denying coverage based on late notice.

- Representation of insurance agency in defense of errors and omissions claim that agent confirmed the existence of coverage by issuing Certificate of Insurance to contractor when coverage had been terminated.

- Representated Lawyers Professional Liability insurer in coverage disputes regarding whether allegations against law firm involved billing practices of firm or the rendering of professional services.

- Representation of insurer in action brought by homeowners that arose from a fire at their residence. Following denial of future insurance proceeds to the plaintiffs because of the concealment and fraud provision of the subject policy, the insureds brought a cause of action for breach of contract, negligence, negligent infliction of emotional distress, unfair trade practices, and bad faith. The firm was retained a few months before the start of jury selection and was tasked with completing all expert discovery and preparing the case for trial. After five days of jury selection and five days of evidence, a favorable settlement was reached for the client.

Publications & Presentations

Articles

- "Connecticut Attorney Liability Rulings Bring Cheers, Jeers" (2003), published inConnecticut Law Tribune

- New England editor, Professional Liability Update, a publication of the American Bar Association's Litigation Section Professional Liability Committee (1998)

- "Surviving the '90s: Ethical Concerns in Today's Legal Market" (1996), published in Connecticut Law Tribune

- Regional editor, Covered Events, a publication of the Defense Research Institute's Insurance Law Committee (1992 to 1996)

Book Chapters

- "Preservation and Spoliation of Evidence" (2011 & 2013), published in A Practical Guide to Discovery & Depositions in Connecticut, co-authored with Jeffrey J. White; chapter covers the preservation and spoliation of evidence in the civil context in Connecticut state court; it is part of a new publication that is the most comprehensive coverage to date of discovery and deposition issues in Connecticut and was authored by leading practitioners at the largest firms in the state. The first edition was published in 2011, the second edition in 2013.

Presentations

- "D&O Insurance by the Number$" (2011) presented at Connecticut Bar Association's Insurance Law Section

- "ABCs of D&O Insurance" (2003) presented at Connecticut Bar Association's Insurance Law Section

- "Third Party Coverage in Connecticut" (1996) presented at National Business Institute, responsible for directors' and officers' liability insurance portion

- "Effective Motion Practice in Connecticut" (1995, 1996, 1997) presented at Lorman Education Service, program chair and presenter