Patrick McGovern

Senior Counsel

Overview

Patrick is a litigation attorney and member of the Risk Management and Insurance Team at Cox, Castle & Nicholson.  

Highly Experienced In Insurance Coverage Disputes And Litigation

Patrick has extensive experience in complex insurance coverage disputes and litigation. He has successfully litigated coverage cases on behalf of Fortune 500 oil companies involving thousands of contaminated properties and dozens of insurance companies, and on behalf of real estate developers with Chinese drywall problems at hundreds of homes and construction defect claims at condominium projects. 

In addition to representing third party claimants under CGL and D&O policies, he regularly represents building owners and homeowner associations with first party property losses resulting from water intrusion, fire damage, and ground settlement. He has also handled a number of delay claims under Builder's Risk policies at facilities including a cogeneration power plant and an iron ore concentrate plant.

Patrick has persuaded dozens of insurance companies to reverse their decisions to deny coverage. He often achieves this without having to resort to litigation. He is especially adept at forcing insurance carriers to agree to defend third party liability claims when they have initially refused to do so. 

His practice frequently sees him handling complex choice of law and forum disputes. 

Prior to joining Cox, Castle & Nicholson, Patrick was a partner in a national law firm representing policyholders in coverage disputes with their insurance carriers. His reported cases include Texaco A/S v. Commercial Ins. of Newark, NJ, 160 F.3d 124 (2d Cir. 1998).

Practical And Innovative Solutions To Insurance Needs

Patrick also counsels his clients on their insurance needs in the context of real estate financing and development, advises developers, lenders, and investors on the insurance needs of existing and proposed real estate projects and transactions, and helps to design insurance programs that minimize their exposure and protect their investments.

Representative
Matters

Obtained partial summary judgment that Chinese drywall losses in over 200 homes constituted a single occurrence. As a result, the insured developer had to pay only one self insured retention to access coverage, and the insurance company quickly settled the action.

Achieved a substantial settlement for Chinese drywall losses in a declaratory relief action on file in a state where the Supreme Court has held that the Total Pollution Exclusion applies to claims resulting from indoor exposure to noxious fumes.

On behalf of a condominium homeowners association, persuaded a CGL carrier to defend an action by a homeowner, alleging violations of the federal Fair Housing Act, and related state legislation, notwithstanding the policy's exclusions for discrimination.

Prevailed on a motion for summary adjudication on behalf of an outdoor advertising business and obtained order that an insurance carrier was obligated to defend an action by the City of Los Angeles seeking the removal of "supergraphic" billboard signs.

Obtained summary adjudication that bodily injury and property damage claims at a mixed use condominium project in California constituted a single occurrence. 

Prevailed on appeal that an insurance company defending a construction defects lawsuit lacked standing to seek the disqualification of plaintiff's counsel. 

Publications &
Speaking Engagements

Recent Publications

Spotlight

Cox, Castle & Nicholson LLP Named 2018 National Tier 1 Law Firm of the Year for Land Use and Zoning Law in U.S. News & World Report 2018 “Best Law Firms” Rankings

Cox, Castle & Nicholson LLP, a preeminent full-service law firm specializing in real estate, today announced it was... More»

Bar and Court Admissions

  • State Bar of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central, Northern, and Eastern Districts of California
  • State Bar of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern and Eastern Districts of New York
  • District of Columbia Bar
  • Solicitor of the Supreme Court of England and Wales

Education

  • Solicitors' Qualifying Examination, College of Law, Guildford, England
  • M.A., Faculty of Law, University of Sheffield, England
  • L.L.B., Faculty of Law, University of Sheffield, England, honors