L. D. Simmons II

Partner

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Practices
Industries
Education
  • Vanderbilt University Law School, JD, Student Writing Editor, Vanderbilt Law Review, 1984
  • Davidson College, AB, 1981
Admissions
  • North Carolina
Affiliations

Member, North Carolina Bar Association

Member, North Carolina Association of Defense Attorneys

Member, Federation of Defense and Corporate Counsel

Member; Past Chairman, Ethics Law Subcommittee, Insurance Law Committee, Section of Litigation, American Bar Association

Member, National Board of Advisors, Vanderbilt Law School

Board Member, First Tee of Charlotte

L. D. is a co-chair of our insurance recovery practice and has 20 years of experience representing clients in state and federal courts in high exposure insurance disputes. Clients frequently call on him to handle matters pending in jurisdictions where juries are hostile to corporate defendants, and he has represented clients in cases in Alabama, California, Mississippi, Florida, Delaware, Pennsylvania, Tennessee, Washington, Georgia, North Carolina, Kentucky, New Mexico, New York, New Jersey, South Carolina, West Virginia, Texas and Virginia.

L. D. has represented corporate policyholders in a wide range of insurance coverage disputes arising under many types of policies including: directors and officers, property, general and product liability, professional liability, fidelity and surety, life, and disability policies. He also frequently litigates extra-contractual disputes and counsels clients on risk management issues.

While at his predecessor firm, he led a team that served as national trial counsel for a major property-casualty carrier regarding several lines of business. This experience gives him a unique perspective on claims by insureds against their insurers.

He is active in the insurance coverage bar and is a frequent speaker on insurance and risk management topics. 
 

In the News

L. D Simmons II
vCard
T: +1 704 343 2062F: +1 704 444 8773201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
Insurance Litigation

Representation of a Fortune 250 electric power company in connection with property damage and outage claims in excess of $1 billion resulting from damage to one of its nuclear power plants.

Representation of a national bank in a lawsuit in North Carolina state court seeking coverage for over $500 million in losses under lien protection insurance policies and certificates issued to the bank relating to 1.3 million insured home equity loans made by the bank between 2003 and 2007.

Representation of a North Carolina community bank on a claim under its financial institution bond for losses arising from a breach of its on-line payment system by a Chinese hacker.

Representation of a national bank in litigation in federal court regarding mortgage insurance coverage for loans made by the bank and arising from borrower defaults on residential loans. The court awarded our client $45 million including interest and legal fees and also ruled that the insurer was not entitled to recover future premiums from our client.

Representation of an automobile industry supplier in litigation in Missouri federal court against its liability insurer regarding payment of retrospective workers compensation insurance premiums.

Representation of a utility company in connection with a first-party property loss arising from an explosion and the release of asbestos at one of its power generation plants.

Representation of a not-for-profit emergency relief agency in connection with a dispute with its liability insurers arising from the kidnapping of one of its employees in the Sudan.

Representation of a wireless carrier in a dispute with a directors and officers insurer involving the settlement of a securities lawsuit against the insured and whether the settlement of the litigation by the policyholder complied with the notice conditions in the policy.

Representation of a corporate officer in directors and officers insurance coverage litigation in the Southern District of New York arising from the alleged backdating of stock options at an information security company.

Representation of a utility company in connection with a first-party property and business interruption claim arising from damage to a nuclear reactor containment structure.

Representation of a national bank in connection with claims against an issuer of weather-risk derivative insurance products.

Representation of an employee benefits outsourcing company in connection with claims against its professional liability insurer arising from our client’s alleged negligence in the administration of an employee benefits plan.

Representation of the FDIC in connection with insurance coverage issues arising from claims asserted by the FDIC against the directors of a failed Florida bank.

Representation of a not-for-profit agency in seeking coverage from its liability insurers for claims arising from the dismissal of the agency’s executive director for alleged financial wrongdoing.

Representation of a minister in litigation in North Carolina federal court against a disability insurer who denied the minister benefits arising from significant cardiac disease.

Representation of a national insurance broker against errors and omissions claims arising from the placement of property insurance policies to insureds who later experienced property damage associated with Hurricane Floyd.

Insurance coverage litigation in California federal court under a professional liability insurance policy arising from a $12 million settlement entered into by the insured with its customer arising from defective hysteretic controller chips.

Insurance coverage litigation in Pennsylvania federal court under a professional liability policy arising from the murder of four contractors working for the insured in Fallujah, Iraq.

Insurance coverage litigation in federal court in Atlanta, Georgia, arising from more than 100 claims of medical negligence against a national provider of long-term health care to the elderly.

Insurance coverage litigation in Delaware state court in which the insured sought to recover millions of dollars in expenses that the company incurred to make its electronic equipment Y2K compliant.

Commercial & Tort Litigation

Representation of the Diocese of Charlotte, North Carolina in connection with multiple lawsuits against the Diocese arising from alleged sexual misconduct by Diocesan priests.

Representation of a general contractor in multiple class action lawsuits filed by students in four public schools in Pender County, North Carolina who sought damages from alleged exposure to toxic mold.

Defense of the City of Charlotte in a wrongful death action involving the murder of a Charlotte police officer.

Named "Lawyer of the Year," Insurance Law, Charlotte, Best Lawyers, 2017

Fellow, American College of Coverage and Extracontractual Counsel

Selected for inclusion in Best Lawyers in America, Insurance Law, Woodward/White, Inc., 2009-2017

Named to "North Carolina Super Lawyers," Insurance Coverage, Business Litigation, Personal Injury Defense: General, Super Lawyers, Thomson Reuters, 2007-2017

Co-Author, "A Buyer's Guide To Cyber Insurance," Law 360, October 23, 2013
Co-author, "Employment Practices Liability Insurance," New Appleman on Insurance Law Library Edition, Lexis, 2009, 2010
Speaker, "ACHE Continuing Education Session: Enterprise Risk Management," 10th Annual Healthcare Provider Conference, September 2015
Speaker, "Cybersecurity Disclosure and Risk Insurance," SEC Compliance and Enforcement Update, McGuireWoods LLP SEC Practice Complimentary Webinar Series, September 2014
Speaker, "Everyone's Into Computers, Who's Into Yours: Pre-Breach & Post-Breach Planning," NJ CCA Annual Forum, September 2014
Speaker, "Legal, Regulatory, Litigation and Insurance Issues," Community Banking and Cyber Risk Management, September 2014
Presenter, Captive Insurance - A Growing Method of Risk Transfer, McGuireWoods Seminar, June 2014
Moderator, "Data Privacy Litigation and Issues," Healthcare Litigation Conference, McGuireWoods LLP, April 2014
Speaker, "Managing Cyber Risks in the Mining Industry," McGuireWoods Client Continuing Education Program, Washington, D.C., January 2014
Speaker, "“Left of Boom:” Insurance Coverage for Cyber Risks," Community Bank Cyber-Law Forum, November 2013
Speaker, "Indemnities and Endorsements – Protecting the Owner and Developer," Update on Indemnification, Anti-Indemnity Statutes and Additional Insured Endorsements, CoreNet Global Network, October 2013
Speaker, "Indemnities and Endorsements – Protecting the Owner and Developer in Real Estate Projects," Atlanta Real Estate Risk Managers Association, May 2013
Speaker, "Risk Management and Insurance Issues for Corporate Counsel," North Carolina Bar Association Corporate Counsel Spring Meeting, May 2013
Speaker, "Discovery in Insurance Bad Faith Cases," North Carolina Bar Association CLE Program, April 2013
Speaker, "Climate Change: Maximizing Your Insurance Assets," Piedmont Chapter, RIMS, February 2009
Speaker, "Update on the Tripartite Relationship," FDCC Seminar: Critical Issues for In-House Counsel, September 2008
Speaker, "Keys to Successful Mediation in Business Cases," ALFA International 2008 International Client Seminar, March 2008
Speaker, "The Tripartite Relationship: Resolving Conflicts," Piedmont Chapter, RIMS, January 2008
Avoiding the Minefields of Claims-Made Insurance Coverage, Insurance Recovery Blog, January 3, 2017