Adam H. Fleischer

Practice Areas

Adam H. Fleischer leads a talented team of attorneys handling high-profile insurance claims across the U.S. including COVID-19 business income claims, football concussion class actions, mass product suits, molestation claims and disputes involving wrongful convictions.

His trailblazing work continues to evolve as the chair of the nation’s first Opioid Coverage Task Force which assists clients in managing the risks of America's worst drug epidemic in history.

At the onset of the pandemic, Adam quickly pivoted the coverage team to address the growing number of COVID-19 litigation cases around the world and formed BatesCarey’s COVID-19 Team. He is currently litigating COVID-19 class actions and coverage cases across the country – from Texas to Mississippi; North Carolina to Missouri; Ohio, Pennsylvania and West Virginia – that threaten the viability of the insurance industry.

Adam also handles cases involving commercial general liability; cyber risks, technology and data security; professional liability and reinsurance.

Career

Adam has built one of the country’s most highly regarded coverage teams, balancing the industry’s challenges in negotiating and resolving volatile claims nationwide, while also protecting the insurance interests at the industry’s foundation.

As a BatesCarey founding member, Adam serves on the Management Committee. He is admitted to practice in the U.S. Supreme Court; the U.S. Courts of Appeals for the Second, Third, Seventh, Eighth, Ninth and Tenth Circuits; Illinois; New York; Ohio and federal courts including Colorado, Indiana and Michigan.

Professional Memberships

• ARIAS—U.S.

• Claims & Litigation Management Alliance, National Steering Committee member for 50-State Claims Handling Guidelines

• International Underwriting Association of London, U.S. Representative to COVID-19 Claims Steering Committee

• American College of Coverage Counsel, Fellow

Publications

Adam is shaping the national insurance industry conversations with his thought leadership in legal and industry publications. Some of his most recent publications include:

• “Insurance for Public Nuisance: Masters Pharma gets it Rite” International Association of Claims Professionals, Declarations Magazine (October 2022)

• "Delaware High Court Gets It Right With Opioid Nuisance Ruling" Law360 (January 11, 2022)

• "Courts Should Heed Contract Law In COVID-19 Physical Loss" Law360 (July 29, 2021)

• "Insurance Ruling Clarifies Excess Coverage For Opioid Suits" Law360 (May 26, 2021)

• "Courts Shouldn't Consider Bodily Injury Claims In Opioid Suits" Law360 (October 28, 2020)

• "Recent Rulings Expose Flaws in COVID-19 Business Interruption Claims" BatesCarey (September 3, 2020)

• "Breaking News: MDL Panel Hears COVID-19 Arguments" BatesCarey (July 30, 2020)

• "Why COVID-19 Insurance Suits Should Not Be Consolidated" Law360 (May 6, 2020)

• "Civil Authority Coverage: Does it Apply to COVID-19?" BatesCarey and Law360 (March 23, 2020)

• "Coronavirus, Courts, and Coverage" BatesCarey (March 19, 2020)

• "Can America’s Opioid Epidemic Squeeze into Tort or Insurance Law?" For the Defense (December 2019)

• “What does the $572 million Oklahoma opioid judgment mean for other opioid defendants and insurers?” Advisen Front Page News (September 3, 2019)

• “How Opioid ‘Negotiating Class’ Would Affect Civil Claims” Law360 (July 1, 2019)

• "9th Circ. Gets It Right On Molestation Insurance Coverage" Law360 (March 12, 2019)

• “Outside the Courts: As Opioid Legal Actions Unfold, Solutions to This Societal Problem May Lie Elsewhere” CLM Magazine (October 2018)

• “Settlement Aspirations Enter the Opioid MDL” Law360 Expert Analysis (January 10, 2018)

Personal

Learn more: https://www.batescarey.com/attorneys/adam-h-fleischer/.