Disciplined in Sophisticated Defense and Insurance Litigation

Thomas S. Brown is a Partner at Butler.  For more than 35 years, Tom has concentrated his practice in the handling of first-party property coverage losses, particularly in the areas of industrial machinery and equipment breakdown, oil and gas, power generation, mining, business interruption and bad faith.  Tom has litigated and tried jury and non-jury cases in both the state and federal courts in Pennsylvania, Delaware, New Jersey, New York, West Virginia, Virginia, Washington DC, Illinois and Arkansas, obtaining favorable verdicts for his clients.  In addition, he has served as lead counsel in a number of complex first-party insurance cases that have been resolved through arbitration, appraisal and/or mediation.

Tom also serves as an Arbitrator and Mediator in business and commercial disputes, and in complex insurance coverage cases. He received training at the Strauss Institute for ADR at Pepperdine University School of Law.  He is a admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern and Middle Districts of Pennsylvania, the District of Arkansas and the United States Court of Appeals for the Second and Third Circuits.

Throughout his career, Tom has been a member of and held leadership positions in a number of professional organizations, including the following: Elected to the Council, Tort and Insurance Practice Section of the American Bar Association (1996-1999); Past-Chair, National Institutes Committee and the Property Insurance Law Committee; Member, Federation of Insurance and Corporate Counsel, Member, International Association of Defense Counsel; Member, Defense Research Institute; Member, Pennsylvania Bar Association; Member, Philadelphia Bar Association; and Member, House of Delegates and former Chair of the Young Lawyers Division of the Pennsylvania Bar Association.

In addition, Tom is a frequent lecturer and has published a number of articles including the following: Mediating the Bad Faith Claim, ABA/TIPS; Practical Considerations in Large Industrial Loss Claims, ABA/TIPS; The Sue and Labor Clause: In the Past, Present and the New Millennium, ABA/TIPS; Trigger of Coverage - Loss in Progress: Is CGL Jurisprudence Sufficient Ammunition?, International Association of Defense Counsel; Confidentiality and Privilege Issues in the Property Insurance Context, International Association of Defense Counsel; The Loss in Progress: First and Third-Party Claims, Defense Research Institute; Corrosion, Deterioration and Related Exclusions in First-Party Environmental Property Damage Claims, ABA/TIPS; and Conflicts of Interest in Subrogation Actions, Tort & Insurance Law Journal, Vol. XXII, No. 1, 1986.

Tom is a graduate of the Temple University James E. Beasley School of Law and Grove City College (Bachelor of Arts, cum laude). He is also AV rated by Martindale-Hubbell. 

Admissions

  • Pennsylvania

Recognitions

  • Pennsylvania Super Lawyer

Education

  • Grove City College
    Bachelor of Arts
  • Temple University James E. Beasley School of Law
    Doctor of Jurisprudence

Memberships

  • Defense Research Institute (DRI)
  • Federation of Defense & Corporate Counsel (FDCC)
  • Loss Executives Association (LEA)
  • Pennsylvania State Bar Association

Courts

  • Arkansas District Courts
  • Pennsylvania Courts (Eastern and Middle Districts)
  • Pennsylvania Supreme and Superior Courts
  • United States Second and Third Circuit Court of Appeals

Power Generation and Energy

  • Represented a market of first-party global energy insurers in an action in Trinidad and Tobago concerning a claim in excess of $45 million for coverage for losses at an ammonia plant. Settled at mediation.
  • Defended a property insurer against a claim exceeding $30 million for damage to three wet flue gas desulphurization systems at a coal-fired power plant. Settled at mediation. Ohio.
  • Represented insurer’s interest as part of a market of insurers in connection with a claim in excess of $400 million arising out of an explosion at an olefins plant in Oklahoma.  Settled following mediation. 
  • Represented market of insurers on a dispute involving the replacement of the stator core of a generator following a ground fault in the winding and the development of hot spots along the length of the core.  Claim withdrawn by the insured after denial issued. 
  • Represented market of insurers in a claim involving damage to a turbine generator at two power plants on the Ohio River.  Settled through negotiation. 
  • Represented market of insurers in a claim in excess of $18 million in connection with the construction of power plants in Tennessee and Ohio.  Settled through negotiation. 

Commercial Buildings, Structures and Warehouses

  • Represented market of insurers on a claim in excess of $27 million for foundation damage at office, warehouse and distribution facility in England under global policy. Litigated in London and Florida. Settled at mediation in London.
  • Claim in excess of $20 million in physical damage repairs and soft costs arising out of the alleged collapse of the façade on an office tower. Settled at mediation. Pennsylvania.
  • Claim in excess of $3 million in connection with snow overload event involving a warehouse building with wooden roof trusses.  Settled prior to trial.
  • Claim in excess of $1 million for fire damage to an apartment building.  Motion for Summary Judgment granted based on application of the Protective Safeguard Endorsement of the policy.

Manufacturing Facilities

  • Claim in excess of $200 million arising out of an explosion at a manufacturing facility. Settled at mediation. Kentucky.
  • Claim in excess of $13 million for extra expenses arising out of an explosion and fire at a manufacturing facility. Resolved through arbitration. New Jersey.
  • Obtained summary judgment dismissing an $8 million claim for contamination of inventory at a food processing facility. Ohio.
  • Represented market of insurers in a $17 million claim following the collapse of two conveyor belts at a coal processing facility in Pennsylvania.  Settled through negotiation. 

Equipment Breakdown

  • Claim in excess of $3 million relating to molten metal run out on aluminum melting furnace. Settled at mediation. Indiana.
  • Defended a claim in excess of $6 million for damage to testing equipment at a research laboratory. Settled at mediation. Pennsylvania.

Mining

  • Represented a market of insurers relating to claims in excess of $200 million for property damage and time element losses arising out of a series of mining and related losses in Canada, Florida and Texas. Settled at mediation.
  • Represented a market of insurers in regard to a $7 million dollar claim arising out of a mine collapse. Idaho.

Catastrophic Losses

  • Provided advice and counsel on numerous claims arising out of Superstorm Sandy for damage to commercial buildings operations in New York City.

Marine

  • Claim in excess of $4 million arising out of the partial collapse of a dock at a marine terminal. Settled. New Jersey.
  • Represented market of insurers in a claim in excess of $10 million in connection with the collapse of a bridge crane at a marine terminal in Maryland.  Settled through negotiation. 

Events

January 24, 2013 EVENTLoss Executive Association's 82nd Annual Meeting

Hot Topics - Fracking & What's Coming Down the Pike

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Key Points
Practice Area CASE TYPE
  • Arson
  • Bad Faith
  • Catastrophic Loss
  • Commercial Litigation
  • Coverage - Boiler and Machinery
  • Coverage - Business Interruption
  • Coverage - Business Owner's
  • Coverage - First Party Property
  • Coverage - Homeowner's
  • Coverage - Inland Marine
  • Coverage - Property
  • Energy
  • Fire (Suspected or Potential Fraud)
  • Fraud
  • Heavy Equipment Claims
  • Insurance Fraud
  • Subrogation