Bryan R. Freeman

Insurance Recovery

• Representation of national operator of health and fitness clubs in multimillion-dollar litigation seeking coverage for business-interruption losses caused by governmental suspension orders under communicable disease insurance coverage.
• First-chaired a bench trial seeking to prove the reasonableness of a Miller-Shugart settlement adjudicated to be covered under D&O insurance policy at summary judgment. Mark Ploen v. AIG Specialty Ins. Co. – F.Supp.3d – (D. Minn. 2023).
• Representation of product manufacturer in coverage litigation seeking CGL coverage for underlying bodily injury lawsuits in California.
• Representation and counseling of business policyholders and franchisee in connection with employment and bodily-injury claims in connection with alleged sexual assault.
• Representation and counseling of business policyholder in connection with underlying religious-discrimination claims and employment-practices-liability coverage.
• Obtained judgment on the pleadings for business policyholder, declaring professional-liability insurer’s duty to cover underlying malpractice claims under claims-made professional liability policy.
• National Union Fire Insurance Co. of Pittsburgh, P.A. v. Cargill, Inc., 61 F.4th 615 (8th Cir. 2023). Representation of business policyholder seeking coverage for theft loss under crime policy. After completion of FRISC process under policy, successfully obtained a judgment on the pleadings for more than $22 million, in addition to more than $10 million in prejudgment interest.
• Obtained summary judgment for product manufacturer seeking multimillion dollar insurance recovery under stock-throughput policy and product recall policy. Vanguard Soap, LLC v. Certain Underwriters at Lloyd’s of London, 677 F. Supp. 3d 760 (W.D. Tenn. 2003).
• Navigators Specialty Insurance Company v. Depomed, Inc. n/k/a/ Assertio Therapeutics, Inc. (N. D. Cal. 2019). Representation of opioid manufacturer seeking coverage under life sciences product liability policies for hundreds of opioid lawsuits brought as part of the nationwide opioid litigation. 
• Successfully resolved complex, multi-insurer insurance coverage action for financial institution and its directors and officers under D&O liability policies, securing millions of dollars in coverage for breach-of-fiduciary-duty and employment-practices claims.
• In re: Archdiocese of Saint Paul and Minneapolis (Bankr. D. Minn. 2015). Representation of the Committee of Parish Creditors, comprised of over 100 parishes facing hundreds of clergy abuse claims, in the Archdiocese Chapter 11 reorganization. Obtained tens of millions of dollars in insurance coverage settlements under missing insurance policies, which settlements were part of the $210 million settlement of Archdiocese and Parish clergy abuse claims, and represented the largest settlement by a diocese in bankruptcy to date in the United States.
• Successfully resolved multimillion dollar insurance claim for financial institution with forged securities claim under financial institution bond.
• Helped financial institution secure coverage under financial institution bond for losses and claims arising out of check fraud scheme.
• Represented business policyholder in securing coverage under crime policy for losses resulting from computer fraud and social engineering scheme.
• Helped educational organization facing sexual abuse claims reverse insurer's denial of coverage and secure complete coverage for successful resolution of underlying lawsuit.
• State Bank of Bellingham v. BancInsure, Inc., 823 F.3d 456 (8th Cir. 2016). Obtained summary judgment in excess of $620,000 for a Minnesota bank victimized by computer fraud, where the bank's insurer denied coverage under its financial institution bond.
• Obtained a favorable, multimillion-dollar recovery for a Minnesota food processor in complex litigation over insurance coverage under a business interruption policy.
• Represented start-up medical device company in coverage dispute and quickly secured coverage for employee theft losses under crime policy.
• Secured errors-and-omissions coverage for advertising agency client facing claims arising out of alleged mistake in a client's promotional project.
• Represented business policyholder in claims against insurance agent for placing the wrong insurance and tried a week-long jury trial, resulting in a verdict of over $425,000.

Commercial Litigation

• First chaired a three-week jury trial and obtained a successful defense verdict in a commercial case in which the plaintiff sought more than $20 million in alleged lost-profit damages.
• Successful representation of product manufacturer in lawsuit by dealer asserting millions in alleged damages arising out of claimed franchise relationship under the Michigan Franchise Investment Law.
• Obtained summary judgment for product manufacturer in claim asserting millions in alleged damages arising out of claimed franchise relationship under the Minnesota Franchise Act.