Andrew Agati

Partner
aagati@hahnlaw.com 216.274.2323

Summary

As a litigation and trial attorney, Andrew has represented corporate clients in sophisticated, complex and sensitive matters in a wide variety of industries and disciplines. He has tried cases to verdict in Ohio, Florida and California, and has served as lead appellate counsel in the defense of a class certification denial. For the past seven years, his passion within his practice area is representing corporate policyholders in multimillion-dollar insurance coverage disputes. His interest in this area arose from his involvement in a high-stakes litigation in which he witnessed firsthand how insurance recoveries can help a client avoid or significantly curtail a very problematic situation.

At Hahn Loeser

Andrew treats his clients’ problems as his own, bringing a level of dedication and effort that goes above and beyond. He chose Hahn Loeser for its sophisticated national litigation practice and for its flexible culture, which is designed to meet the needs of each individual.

Community

Andrew and his wife financially support a number of worthy causes, including New York Vietnam Veterans, the Leukemia & Lymphoma Society and United Way.

At home

Andrew lives in Saratoga Springs, New York, with his wife and three daughters. He is an assistant basketball coach of second- to fourth-grade girls, and also enjoys teaching his daughters skiing and soccer. Outside of his family, he golfs and plays guitar.

With respect to his representation of corporate policyholders, Andrew has represented clients in various business sectors, including financial services, real estate services and food manufacturing. His experience includes claims under a wide range of policies, including E&O policies, financial institution bonds, computer fraud, D&O polices, CGL policies, as well as reinsurance agreements. Representative examples of his work in this area include:

  • Representation of a Fortune 500 company against an E&O carrier refusing to provide a defense. Successfully obtained a summary judgment ruling that the E&O carrier not only breached its duty to defend, but also did so in bad faith. Following that summary judgment ruling, and facing the prospect of a punitive damage verdict, the carrier settled before a nationally renowned mediator for multiples above its policy limits.
  • Representation of a Fortune 500 company against a financial institution bond carrier. Successfully obtained a summary judgment ruling that the carrier breached its indemnity obligations and acted in bad faith. Also successfully challenged the carrier’s “bad faith” expert, successfully defeated the carrier’s challenges to the experts retained in support of the bad faith claim, and obtained a seminal ruling regarding the interpretation of California’s “Cumis Counsel” statute. See, Fidelity National Financial, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., Case No. 09-cv-140 (S.D. Cal.)
  • Representation of a Fortune 500 company that faced multimillion dollar successor liability claims as a result of its purchase of a competitor out of bankruptcy. While the competitor had an E&O policy, the policy’s limits were subject to competing claims and potentially subject to bankruptcy court jurisdiction. After learning the bankruptcy trustee and the carrier were secretly negotiating a “resolution” that would have left no insurance proceeds for the client, quickly moved for relief in the bankruptcy court and ultimately was able to negotiate a favorable resolution in which millions in insurance proceeds were obtained were then used to favorably resolve the underlying successor liability claims.
  • Representation of a leading manufacturer and private label supplier in the snack-food industry in connection with food-labeling class action. Successfully obtained both defense and indemnity coverage under the “Side-C / Entity Coverage” aspect of the D&O policies, which defrayed the vast majority of the costs and settlements incurred.

Credentials

Education

Case Western Reserve University School of Law, J.D., magna cum laude, 1995. Honors and activities: Order of the Coif, Case Western Reserve University Law Review

 

Allegheny College, B.A., magna cum laude, 1992. Honors and activities: Phi Beta Kappa

Memberships & Affiliations

American Bar Association: member

 

Ohio State Bar Association: member

 

International Association of Defense Counsel: member

 

Defense Research Institute: member

 

Litigation Section, Cleveland Metropolitan Bar Association: former chair

 

Pre-Trial Practice, Case Western Reserve University School of Law: former adjunct professor

Badges
Bar Admissions

Admitted to the Ohio Bar, 1995; Illinois Bar, 1999; New York Bar, 2008

 

Licensed to practice before the U.S. Court of Appeals for the Sixth; U.S. District Courts for the Southern District of New York, the Northern District of New York; Southern District of Illinois, the Eastern District of Michigan, and the Northern and Southern Districts of Ohio

Awards & Distinctions

AV® Preeminent Rated, Martindale-Hubbell