Andrew Agati has a history of representing 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 eleven years, however, his focus has been in spearheading insurance recoveries for corporate policyholders in a variety of business sectors, 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, and Contractor’s Protective Indemnity & Rectification policies, as well as Title Insurance and Reinsurance Treaties. In that time, he has helped recover approximately $185 million for his clients. At the same time, Andrew continues to be called upon to defend major high-stakes matters, including most recently the successful defense of a False Claims Act case involving a highway product manufacturer.
- Partner, Hahn Loeser & Parks LLP, 2009-present
- Partner, Squire Sanders & Dempsey LLP, 2005-09
Andrew resides in Saratoga Springs, New York, with his wife and three daughters. He enjoys helping his daughters in all of their youth sports activities. In his free time, Andrew likes to cross-train for endurance events and learn how to play the guitar.
- On-going representation and/or advice and counsel for various clients regarding insurance-coverage related issues pertaining to the COVID-19 pandemic.
- Recently 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.
Case Western Reserve University School of Law, J.D., magna cum laude, 1995.
Honors & Activities: Order of the Coif; Case Western Reserve University Law Review.
Law Review Article: The Plain Feel Doctrine of Minnesota v. Dickerson: Creating an Illusion, 45 Case W. Res. L. Rev. 927 (1995).
Allegheny College, B.A., magna cum laude, 1992
Honors & Activities: Member, Phi Beta Kappa
Thesis: Money Laundering – The Hidden Phenomenon in the Global Financial Network.
American Bar Association, Member
New York State Bar Association, Member
Case Western Reserve University School of Law Pre-Trial Practice, Former Adjunct Professor
State of New York, 2009
State of Illinois, 1999
State of Ohio, 1995
U.S. Courts of Appeals for the Sixth and Eleventh Circuits
U.S. District Courts for the Southern District of New York, the Southern District of Illinois, the Eastern District of Michigan, and the Northern and Southern Districts of Ohio
The Best Lawyers in America®, Commercial Litigation, 2019-21.
AV Preeminent®, Martindale-Hubbell