James Sullivan

Practice Areas

Insurance Coverage

Insurance Recovery

Business, Corporate and Commercial Litigation

Private Equity

Career

As leader of Calfee's insurance recovery practice, James Sullivan counsels corporate insurance policyholders on insurance coverage issues and litigates insurance coverage disputes. He also litigates and helps resolve clients’ general business disputes.

James’ primary focus is providing insurance coverage services to corporate policyholders. He also represents closely held and publicly traded business clients on a variety of other matters, including:

Litigating contract, business tort, and equitable claims

Advising on contract interpretation

Facilitating alternative dispute resolution efforts

James has litigated in many Ohio appeals and trial courts, as well as numerous federal trial and appeals courts.

James is one of 24 Ohio lawyers certified as an insurance law specialist by the Ohio State Bar Association. Multiple times he has served as an expert witness on insurance coverage issues.

James joined Calfee in 2001 and was elected Partner in 2010. He serves as Chair of Calfee’s Associates Committee and is a member of its Associate Compensation Committee; Diversity, Equity & Inclusion Committee; and Practice Planning & Growth Committee. He also serves as a formal and informal mentor to other Calfee attorneys.

Professional Memberships

Cleveland Metropolitan Bar Association’s Insurance Law Section, Past Chair

Legal Aid, Numerous Pro Bono Representations of Under-Served Clients

Cleveland Metropolitan Bar Association’s Committee on Mental Health and Wellness, Annual Seminar Presenter and Past Chair

2008 Cleveland Bridge Builders Civic Leadership Program, Alumnus

Publications

James speaks and writes regularly, including:

14 insurance coverage presentations in past two years for clients, insurance brokers, Ohio State Bar Association, Cleveland Metropolitan Bar Association, and Akron Bar Association

Co-authored articles included in the Cleveland Metropolitan Bar Association’s 2021, 2020, and 2019 Insurance Law editions of its monthly "Bar Journal" periodical

Quoted in a multiple national articles on insurance coverage topics, including approximately 10 articles pertaining to COVID-19 issues

Expert in these Jurisdictions

Ohio

Experience

Insurance Policyholder Recovery and Counseling Services

James has been litigating on behalf of and counseling insurance policyholders on coverage matters since 2004. Nearly 100% of James’s practice is devoted to representing policyholders. He has experience with a wide array of insurance policy types, including the following:

Commercial general liability (CGL) (including for long-tail claims like asbestos and environmental)

Umbrella

Excess

Discontinued operations

Property

Business interruption (including business income and extra expense)

Directors & officers (D&O)

Side-A excess

Difference in conditions (DIC)

Tail & nose coverages

Professional services

Errors & omissions (E&O)

Fiduciary/employee benefits

Trustee

Employment practices (EPL)

Stop-gap

Captive

Risk retention group (RRG)

Representations and warranties (RWI)

Pollution legal liability (PLL)

Environmental liability

Contingent liability

Tax indemnity

Medical malpractice

Legal malpractice

Employed lawyers

Public entity

Educators legal liability (ELL)

Cyber (first-party + third-party)

Business crime

Employee theft

Fidelity bond

Sexual misconduct & molestation

Surety

Liquor

Fine art

Aviation

Commercial auto

Equipment breakdown

Event cancellation

Business trip interruption

Special events

Parametric/index-based

Work Highlights

Representative sample of recent services James has provided to insurance policyholder clients:

2022 – Negotiating multiple climate-related property and business interruption losses for Fortune 500 commercial apparel service company against its insurers that have failed to fully honor their coverage obligations.

2022 – Litigating $6-million-plus insurance broker malpractice claim on behalf of contract provider of physician and health care services.

2022 – Serving as insurance coverage litigation expert for forensic consultant in lawsuit by insurer regarding that consultant’s services previously performed on the insurer’s behalf.

2022- Providing general insurance coverage counseling to rapid-growth multi-state residential apartment developer and manager, including with respect to renewals of various insurance policy lines.

2022 – Advising publicly traded advisory services client on late-notice dispute with high-level excess insurer regarding losses exceeding $5 million.

2022 – Advising health system captive with respect to reinsurance claim pertaining to $25 million loss.

2022 – Counseling internationally-owned sporting goods company with respect to cyber coverage claim for federal intelligence agency investigation regarding theft of thousands of customer credit cards numbers.

2021-2022 – Pursuing a business interruption and property loss insurance claim on behalf of retail bakery vandalized and looted in 2020 rioting following a civil rights protest.

2021-2022 – Litigating on behalf of nursing home client to overcome denial of coverage and efforts to rescind policy in light of operational disruptions resulting from COVID-19 governmental shutdown orders.

2021-2022 – Counseling manufacturer of consumer goods on ocean cargo insurance policy claim to obtain millions in coverage for cargo spoiled due to lengthy delays resulting from worldwide shipping crisis.

2021-2022 – Assisting private international aerosols manufacturer secure insurance coverage for environmental regulatory investigation.

2020-2022 – Advocating for numerous policyholder clients with respect to COVID-19 business interruption losses under commercial property insurance policies, including for National Football League (NFL), Major League Soccer (MLS), state universities, health systems, restaurant, and hospitality entities, among others.

2020-2022 – Representing religious organization with respect to insurance coverage for multiple third-party lawsuits collectively seeking tens of millions of dollars, including matter that has evolved into federal insurance coverage lawsuit.

2020-2022 – Litigating long-tail environmental insurance coverage disputes, including federal lawsuit, on behalf of privately held fluid system products manufacturer with respect to historical insurance program with limits totaling in excess of $100 million.

2020-2021 – Represented private equity fund and platform company in connection with securing representations and warranties (RWI) and employment practices liability (EPL) insurance coverage for a class action involving international plaintiffs.

2020 – Designed and implemented D&O strategy to assist client in efforts to collect $1 million-plus judgment against otherwise uncollectible entity.

2019-2021 – Litigated to settlement two related lawsuits in Ohio and Nebraska federal courts seeking to recover from various insurers (including a fidelity bond issuer) over $24 million in losses stemming from an alleged Ponzi scheme.

2019-2022 – Represented sports turf manufacturer and installer in insurance coverage litigation and settlement negotiations pertaining to cancelation of 2016 NFL Hall of Fame football game at Pro Football Hall of Fame in Canton, Ohio.

2019-2021 – Advocated on behalf of hospital health system to recover D&O insurance proceeds to indemnify against multi-million settlements.

2019-2022 – Assisting publicly traded healthcare client with development and implementation of strategies to recover in excess of $20 million from insurance companies for nationwide environmental claims asserted by regulatory agencies and individual claimants.

2019-2021 – Litigated and settled additional insured rights and contractual indemnification rights on behalf of publicly traded power company against national service provider pertaining to bodily injury claim seeking tens of millions of dollars.

2019-2020 – Advised seller client on preserving rights to insurance assets for pending third-party claim posing existential threat to M&A transaction acquisition target.

2019-2021 – Helped U.S. and international hotel chain with its efforts to secure coverage from various insurers to defend against anti-trust litigation.

2019-2020 – Counseled client on interplay among private equity fund’s financial services liability policy, portfolio company’s D&O policy and corporate indemnification agreements in connection with anticipated third-party claim.

2019 – Assisted client with development of strategy for pursuing over $20 million in cyber-attack losses from a combination of a cyber insurance policy and a third-party indemnitor.

2019 – Advised private jet client on potential formation of captive liability insurer.

2018-2022 – Helping chemical and solvents manufacturer protect approximately $4 million in captive insurer assets in connection with claim triggering multiple policies, including non-captive policy years.

2018-2022 – Assisting manufacturing client in efforts to secure tens of millions of dollars in CGL and excess insurance for alleged catastrophic failure of client’s products affecting medical facility.

2018-2022 – Advocating for large public university in efforts to secure insurance coverage for sexual misconduct allegations.

2018-2021 – Advised client in health services sector on multi-million-dollar claims under multiple lines of insurance.

2018-2021 – Helped publicly-traded company secure and administer D&O and EPL coverage for SEC investigation.

2018-2022 – Advising high-net-worth family trustee client on design and implementation of comprehensive D&O and professional liability/E&O insurance program.

2018-2019 – Litigated alleged "late notice" denial of $2 million-plus coverage claim under CGL policy for home hardware component supplier.

2018-2019 – Assisted with design and implementation of insurance coverage strategy for talc litigation for home-improvement goods manufacturer.

Industry Sector Expertise

Certified “Insurance Law Specialist” by the Ohio State Bar Association

Education

Awards