Andrew Agati

Andrew Agati has a history of representing corporate clients in sophisticated, complex, and sensitive matters in a wide variety of industries, disciplines, and jurisdictions. Most recently, Andrew successfully defended a publicly traded company facing a False Claims Act case with potentially hundreds of millions in exposure, and is currently representing subsidiaries of a publicly traded company alleged to have assisted a $400 million Ponzi scheme, which is believed to be the largest Ponzi scheme in the history of San Diego, California. At the same time, and for the past 13 years, Andrew has also spearheaded insurance recoveries for policyholders in a variety of business sectors. In that time, he has helped to recover approximately $400 million for his clients.

Andrew’s insurance-related experience has included disputes under various state and international laws and under a wide variety of insurance policies, including E&O policies, Financial Institution Bonds (or Crime Policies), Computer Fraud and Cyber policies, EPL policies, D&O policies, Product Recall policies, CGL policies, Property, Builder’s Risk, Contractor’s Protective Indemnity & Rectification policies, stand-alone Punitive Damage policies,  as well as Title Insurance and Reinsurance Treaties.

Andrew 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.

Accolades

• Ongoing representation of subsidiaries of a publicly traded company alleged to have assisted a $400 million Ponzi scheme. Representation includes both defense and pursuit of insurance recoveries.
• Ongoing representation and/or advice and counsel for various clients regarding insurance-coverage related issues pertaining to the COVID-19 pandemic.
• Ongoing representation of a manufacturer in a product liability wrongful death aviation accident. Representation also includes insurance related issues.
• After publicly traded client informed D&O Insurer of Andrew’s retention and preparation of a draft complaint, insurer contributed an additional $6.5 million to settle a shareholder derivative class action suit against the company.
• Obtaining a $24 million judgment against D&O Insurer, for its failure to pay underlying settlements and attorneys’ fees the insured incurred in the coverage action against the insurer.
• Obtaining summary judgment (in one case, against an E&O carrier, and in another case, against a Financial Institution Bond / Crime carrier) that the insurers’ denial of claims were in bad faith.
• Obtaining a seminal decision in Fidelity National Financial, Inc. v. National Union Fire Ins. Co., Case No. 09-cv-140-GPC-KSA (S.D. Cal.) regarding the scope of privilege under California’s “Cumis Counsel” statute, Cal. Civ. Code § 2860(d).

• Leading the successful representation of an insured and its reinsurers in a $48 million dispute with the insured’s E&O carriers, which involved complex issues of standing and choice-of-law, the notice-prejudice rule as it applies to purported “claims-made-and-reported” E&O policies, and equitable subrogation, equitable contribution, and “other insurance” clause issues.
• Obtaining coverage after insurer denials, but without the need for litigation, under cyber policies for: (1) a US client serving the refinery and steel industries that fell victim to a social engineering scheme in which funds were misdirected; and (2) a formerly major, publicly traded company that fell victim to a complex and sophisticated cyber-attack orchestrated by a foreign government.
• Successful defense of a publicly traded highway parts manufacturer in a product liability wrongful death suit and a related False Claims Act suit.

• Hahn Loeser & Parks LLP and 14 Attorneys Honored in 2023 Release of Chambers USA for 21st Consecutive Year
  June 01, 2023
• Hahn Loeser & Parks LLP and 11 Attorneys Honored in 2022 Release of Chambers USA® for 20th Straight Year
  June 01, 2022
• Seventy-Four Hahn Loeser Lawyers Recognized by Best Lawyers Across Forty-Six Specialties
  August 20, 2020
• 42 Hahn Loeser Attorneys Named to the 2020 Edition of The Best Lawyers in America®: Two Partners Distinguished as “Lawyer of the Year”
  August 15, 2019
• 34 Hahn Loeser Attorneys Named to the 2019 Edition of The Best Lawyers in America©: Five Partners Distinguished as “Lawyer of the Year”
  August 15, 2018
• Fidelity National Financial, Inc.
  October 01, 2015

• Author

  Ohio H.B. 589 – Business Interruption Insurance Fund Proposal

  April 02, 2020
• Author

  A Straight-Forward Guide to Business Interruption Insurance

  April 02, 2020
• Speaker

  Smart Strategies for Buying and Using Cyber Insurance

  April 11, 2018
• Author

  Who Hacked My Cyber Insurance Policy?

  May 25, 2017
• Author

  Five Keys To Becoming A Savvy Shopper For Your Business Insurance

  January 01, 2017
• Speaker

  How to Become a Savvy Shopper for Your Insurance

  October 05, 2016
• Author

  Clinical Research Trials in the Courtroom

  January 01, 2006
• Speaker

  Defense Research Institute Seminar

  January 01, 2002
• Author

  Preventing Manufacture (and Destruction?) of Federal Diversity Jurisdiction

  January 01, 2001
• Author

  Removal Jurisdiction in Civil Litigation – It’s Not As Easy As It Looks

  January 01, 2000
• Author

  Interstate and International Depositions

  January 01, 1999
• Author

  Jury Consultants: Ravaging the Jury System or Criticism Misplaced?

  January 01, 1996
• Author

  The Plain Feel Doctrine of Minnesota v. Dickerson: Creating an Illusion

  January 01, 1995