People

Jack Fontham focuses on litigation and arbitration of insurance coverage disputes and related contractual indemnity claims. A partner in our Insurance Coverage and Recovery practice, Jack exclusively represents insurance policyholders. Jack advises clients on the form and structure of their insurance programs and the insurance and indemnity provisions in their contracts, and litigates disputes arising in those areas.

Jack regularly handles first- and third-party insurance coverage claims for leading companies in the construction, energy, life sciences and consumer products sectors. Jack has a proven track record of securing insurance recoveries for asbestos-related bodily injury claims and other mass tort liabilities, as well as for large business interruption and property damage losses incurred in connection with construction projects and in a variety of other venues. Jack has helped recover more than $1 billion for policyholder clients through prelitigation settlements, trials and arbitrations.

Jack assists policyholder clients and their brokers with all phases of claims analysis, claims submission, claims adjustment and prelitigation settlement negotiations. Jack also advises clients on the form and structure of their fronting, captive and self-insurance programs, and on the allocation of insurance assets in corporate mergers and acquisitions.

Jack has handled matters under a wide variety of insurance policies, including general liability; "all risk" property; business interruption; builder's risk and delay in start-up; directors' and officers' liability; political risk; employment practices liability; automobile liability; errors and omissions liability; environmental and pollution; and fidelity and crime.

Full Bio

Credentials

J.D., University of Virginia

B.A., University of Virginia

District of Columbia

Louisiana

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Middle District of Louisiana

U.S. District Court for the Western District of Louisiana

American Bar Association (sections: Litigation, Tort & Insurance Practice)

District of Columbia Bar

Louisiana State Bar Association

Matters

Served as trial and appellate counsel for The Coca-Cola Company in Cleaver-Brooks, Inc., et al. v. AIU Ins. Co., et al., 351 Wis.2d 643, 839 N.W.2d 882 (Wis. App. 2013), rev. denied, 846 N.W.2d 15 (Wis. 2014), successfully securing a judgment that jointly and severally liable insurers who sold their policies as part of a single block of coverage cannot insist upon prorating their liability and cannot force the policyholder to choose only one policy to pay at a time.

Represented the owners of an 898-megawatt coal-fired power plant in central Texas in connection with claims under a construction all-risk/delay-in-start-up policy issued by London- and Europe-based insurers for losses resulting from severe damage to a boiler during construction of the plant.

Represented a leading healthcare services provider in the adjustment and mediation of a large property loss and business interruption claim arising out of the shutdown and eventual closure of a pharmaceutical repackaging facility due to FDA-compliance-related issues.

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Matters

Served as trial and appellate counsel for The Coca-Cola Company in Cleaver-Brooks, Inc., et al. v. AIU Ins. Co., et al., 351 Wis.2d 643, 839 N.W.2d 882 (Wis. App. 2013), rev. denied, 846 N.W.2d 15 (Wis. 2014), successfully securing a judgment that jointly and severally liable insurers who sold their policies as part of a single block of coverage cannot insist upon prorating their liability and cannot force the policyholder to choose only one policy to pay at a time.

Represented the owners of an 898-megawatt coal-fired power plant in central Texas in connection with claims under a construction all-risk/delay-in-start-up policy issued by London- and Europe-based insurers for losses resulting from severe damage to a boiler during construction of the plant.

Represented a leading healthcare services provider in the adjustment and mediation of a large property loss and business interruption claim arising out of the shutdown and eventual closure of a pharmaceutical repackaging facility due to FDA-compliance-related issues.

Represented the largest U.S. dental practice management company and certain affiliated dental practices in insurance coverage litigation against their dental professional liability insurer in the U.S. District Court for the Northern District of Ohio, seeking coverage for two putative class action lawsuits and other underlying claims.

Represented the former parent of a company in litigation against numerous primary and excess general liability insurers involving insurance coverage for several hundred thousand asbestos-related claims against the former subsidiary, and secured a final declaratory judgment directing that the defendant insurers are jointly and severally liable for the full amount of the cost to defend and indemnify any covered asbestos-related claim; that the policyholder has the right to choose the policy under which it wishes to invoke coverage for each claim; and that the excess insurance policies may be triggered by vertical, rather than horizontal, exhaustion.

Representing Pneumo Abex LLC in insurance coverage litigation against numerous primary and excess general liability insurers in the U.S. District Court for the District of Columbia and related arbitration and mediation proceedings seeking coverage for underlying asbestos-related bodily injury claims.

Represented Chevron Corporation in the adjustment of a claim under an offshore construction all-risk policy issued by London- and Europe-based insurers for losses arising out of construction problems on a deepwater development in the Gulf of Mexico.

Advised a multinational electric utility company on insurance coverage matters arising from an explosion at a power plant in Monterrey, Mexico.

Represented a healthcare services provider in the adjustment of a large property loss and business interruption claim arising out of a product recall and closure of a pharmaceutical repackaging facility.

Represented The Coca-Cola Company in litigation in federal court against a consortium of European insurers seeking coverage for more than $100 million paid in the settlement of a race discrimination class action.

Represented a Fortune 50 company in connection with various insurance coverage, indemnity and subrogation disputes relating to its use of captive insurance for certain layers of automobile and truckers' liability coverage.

Advised a Fortune 10 multinational conglomerate on the restructuring of its domestic and international property insurance programs and, in particular, the drafting of reinsurance and retrocession agreements for the client’s captive insurance company.

Matters

Served as trial and appellate counsel for The Coca-Cola Company in Cleaver-Brooks, Inc., et al. v. AIU Ins. Co., et al., 351 Wis.2d 643, 839 N.W.2d 882 (Wis. App. 2013), rev. denied, 846 N.W.2d 15 (Wis. 2014), successfully securing a judgment that jointly and severally liable insurers who sold their policies as part of a single block of coverage cannot insist upon prorating their liability and cannot force the policyholder to choose only one policy to pay at a time.

Represented the owners of an 898-megawatt coal-fired power plant in central Texas in connection with claims under a construction all-risk/delay-in-start-up policy issued by London- and Europe-based insurers for losses resulting from severe damage to a boiler during construction of the plant.

Represented a leading healthcare services provider in the adjustment and mediation of a large property loss and business interruption claim arising out of the shutdown and eventual closure of a pharmaceutical repackaging facility due to FDA-compliance-related issues.

See more
Icon close

Close

Matters

Served as trial and appellate counsel for The Coca-Cola Company in Cleaver-Brooks, Inc., et al. v. AIU Ins. Co., et al., 351 Wis.2d 643, 839 N.W.2d 882 (Wis. App. 2013), rev. denied, 846 N.W.2d 15 (Wis. 2014), successfully securing a judgment that jointly and severally liable insurers who sold their policies as part of a single block of coverage cannot insist upon prorating their liability and cannot force the policyholder to choose only one policy to pay at a time.

Represented the owners of an 898-megawatt coal-fired power plant in central Texas in connection with claims under a construction all-risk/delay-in-start-up policy issued by London- and Europe-based insurers for losses resulting from severe damage to a boiler during construction of the plant.

Represented a leading healthcare services provider in the adjustment and mediation of a large property loss and business interruption claim arising out of the shutdown and eventual closure of a pharmaceutical repackaging facility due to FDA-compliance-related issues.

Represented the largest U.S. dental practice management company and certain affiliated dental practices in insurance coverage litigation against their dental professional liability insurer in the U.S. District Court for the Northern District of Ohio, seeking coverage for two putative class action lawsuits and other underlying claims.

Represented the former parent of a company in litigation against numerous primary and excess general liability insurers involving insurance coverage for several hundred thousand asbestos-related claims against the former subsidiary, and secured a final declaratory judgment directing that the defendant insurers are jointly and severally liable for the full amount of the cost to defend and indemnify any covered asbestos-related claim; that the policyholder has the right to choose the policy under which it wishes to invoke coverage for each claim; and that the excess insurance policies may be triggered by vertical, rather than horizontal, exhaustion.

Representing Pneumo Abex LLC in insurance coverage litigation against numerous primary and excess general liability insurers in the U.S. District Court for the District of Columbia and related arbitration and mediation proceedings seeking coverage for underlying asbestos-related bodily injury claims.

Represented Chevron Corporation in the adjustment of a claim under an offshore construction all-risk policy issued by London- and Europe-based insurers for losses arising out of construction problems on a deepwater development in the Gulf of Mexico.

Advised a multinational electric utility company on insurance coverage matters arising from an explosion at a power plant in Monterrey, Mexico.

Represented a healthcare services provider in the adjustment of a large property loss and business interruption claim arising out of a product recall and closure of a pharmaceutical repackaging facility.

Represented The Coca-Cola Company in litigation in federal court against a consortium of European insurers seeking coverage for more than $100 million paid in the settlement of a race discrimination class action.

Represented a Fortune 50 company in connection with various insurance coverage, indemnity and subrogation disputes relating to its use of captive insurance for certain layers of automobile and truckers' liability coverage.

Advised a Fortune 10 multinational conglomerate on the restructuring of its domestic and international property insurance programs and, in particular, the drafting of reinsurance and retrocession agreements for the client’s captive insurance company.

Credentials

J.D., University of Virginia

B.A., University of Virginia

District of Columbia

Louisiana

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Middle District of Louisiana

U.S. District Court for the Western District of Louisiana

American Bar Association (sections: Litigation, Tort & Insurance Practice)

District of Columbia Bar

Louisiana State Bar Association