Cases
Representative Engagements: Lead counsel in Assicurazioni Generali S.P.A., et al. v. Black & Veatch Corporation, et al., in the United States District Court for the Western District of Missouri. Mr. Luciana represented the owner of an 800 megawatt combined cycle power plant, MEP Pleasant Hill LLC ( MEP ). The lawsuit was an action brought by London market insurers under an ocean marine cargo policy. The London market insurers sought a declaration of no coverage for consequential loss (delay in start up) arising from power plant equipment that was damaged during ocean shipment. The London market insurers claimed that there was no coverage because MEP's contractor breached a pre-shipment survey warranty. MEP filed a counterclaim seeking $6 million of damages
asserting that the ocean marine cargo insurance was unambiguous
did not require a pre-shipment survey. The trial court agreed
granted partial summary judgment on liability in favor of MEP on the counterclaim. The Eighth Circuit Court of Appeals affirmed in Assicurazioni Generali S.P.A., et al. v. Black & Veatch Corp., et al., 362 F.3d 1108 (811 Cir. 2004).
As a result, the London market insurers paid MEP's entire $6 million claim.
Lead counsel for Plaintiff in Texas Eastern Transmission Corporation v. J.L. Allen Co., et al., in the Court of Common Pleas of Franklin County, Pennsylvania. In this case, Mr. Luciana represented the owner of a natural gas pipeline compressor facility that suffered extensive damage due to a high voltage electrical fire following a construction project. In the lawsuit, the owner asserted claims against the general contractor
electrical subcontractor for alleged improper termination of a high voltage connection that subsequently failed
caused a fire. The general contractor
subcontractor denied the claim on the grounds that they were not responsible for the work, the work in question was not the cause of the fire
the owner had allegedly caused or contributed to the cause of the fire. Following a jury trial, the court entered a judgment in the amount of $1,039,588.96 in favor of the owner
against the electrical subcontractor for negligence (100%)
the general contractor for breach of contract. The trial court's judgment was affirmed on appeal
the defendants paid the entire amount of the owner's claim plus post-judgment interest.
Lead counsel for Plaintiffs in Jamaica Broilers Group Limited, et al. v. Equitable Resources, Inc., et al., Case No. 03-1550, in the United States District Court for the Western District of Pennsylvania. In this lawsuit, Mr. Luciana represented the owner of a large chicken processing plant in Jamaica. The owner asserted both contract
tort claims against various defendants arising from the failure of an electric
steam cogeneration project. The parties reached a settlement in principle on terms favorable to the owner.
Lead counsel for a project manager in two related construction insurance coverage cases in the United States District Court for the Western District of Pennsylvania - Kvaerner U.S. Inc. v. Liberty Mutual Insurance Co., et al,. Case No. 01-0780
Blaine Construction Corporation v. IPSCO Construction, Inc., et al., Case No. 01440. In these cases, the project manager was seeking insurance coverage under a professional liability policy for professional claims asserted against it arising from the construction of a new steel mill in Alabama. As a result of these lawsuits, the project manager achieved a policy limit settlement from the two professional insurers that paid costs of both defense
indemnity in the total amount of $43 million. The project manager also settled with excess
professional insurers for costs in excess of the primary policies.
Lead counsel in John J. Gulisek Construction Company v. Douglass Pile Company, Inc., et al., in the Court of Common Pleas of Allegheny County. In this case, Mr. Luciana represented a piling subcontractor in defending against a claim for damage to a construction project arising from an alleged piling failure. Mr. Luciana also represented the piling subcontractor in a claim for defense
indemnity against its commercial general liability insurer. Following entry of a summary judgment in favor of the piling subcontractor
against its insurer, the insurer agreed to pay all costs of defense, agreed to make the payment necessary to settle the plaintiff's claim against the piling subcontractor
agreed to pay the costs incurred by the piling subcontractor in repairing the alleged damage to the construction project.
Counsel to the Massachusetts Turnpike Authority in construction insurance coverage matters under all-risk bridge
tunnel, general liability
excess general liability insurance policies arising from a concrete ceiling accident that occurred on July 10, 2006 in connection with the Central Artery/Tunnel Project in Boston, Massachusetts.
Counsel for Massachusetts Turnpike Authority in Commonwealth of Massachusetts, et al. v. Bechtel Corporation, et al., in the Superior Court Department, Commonwealth of Massachusetts, a lawsuit seeking recovery from responsible parties of damages arising from the July 10, 2006 concrete ceiling accident in the Central Artery/Tunnel Project in Boston, Massachusetts.
Lead counsel for battlefield contractor in Harris v. Kellogg Brown & Root Services, Inc., Civil No. 2:08-cv-00563, in the United States District Court for the Western District of Pennsylvania, in which plaintiff is asserting wrongful death claims arising from an accidental electrocution of a soldier in Iraq.
Lead counsel for battlefield contractor in Bootay v. KBR, Inc., Civil No. 2:09-cv-01241, in the United States District Court for the Western District of Pennsylvania, in which plaintiff is asserting a toxic tort claim arising from alleged exposure to sodium dichromate at the Qarmat Ali facility in Iraq. The lawsuit against the battlefield contractor was dismissed by the trial court.
The Third Circuit Court of Appeals affirmed the dismissal on appeal.
Lead counsel for policyholder in Aker P&C US Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa, in the Supreme Court, New York County, Index No. 109661/09, a lawsuit arising from claims for reimbursement of general liability
workmen's compensation payments in connection with an insurance program for an international engineering
construction contractor.
The lawsuit was settled on terms favorable to the policyholder in 2011.
Lead counsel for project manager in Layton Construction Co., Inc. v. Barclays Capital Real Estate, Inc., et al., Case No. 2009CV606, in the District Court, County of Eagle, Colorado, defending alleged construction defect
other claims arising from the construction of a Four Seasons Hotel, residences
fractional units in Vail, Colorado.
Claims against the project manager were dismissed by the trial court in 2011.
Lead counsel for policyholder in Aker Kvaerner/IHI v. National Union Fire Insurance Company of Louisiana, Case No. 2:10-cv-00278, in the United States District Court for the Western District of Louisiana, for a claim for coverage under a construction all-risk insurance policy for damage caused by Hurricane Ike to a construction project for a liquefied natural gas facility in Cameron Parish, Louisiana.
Lead counsel for policyholder in Ownbey, et al. v. Aker Kvaerner Industrial Constructors, et al., Case No. 2:07-cv-02190, in the United State District Court for the District of New Jersey, for a claim for additional insured coverage
contractual indemnification arising from a scaffolding accident on a construction project at a pharmaceutical plant in New Jersey.
The court entered summary judgment in favor of the policyholder holding that one of the insurers owed indemnity.
Counsel for international oil field services contractor in connection with a lawsuit in the Court of Commerce, Nanterre, France arising from damage to a 747 caused by cargo during a flight from Africa.
