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OVERVIEW

Andrew J. Detherage
Partner

Indianapolis, Los Angeles

11 South Meridian Street
Indianapolis, IN 46204-3535
2029 Century Park East
Suite 300
Los Angeles, CA 90067

P 317-231-7717

F 317-231-7433

OVERVIEW

Andrew J. Detherage
Partner

Indianapolis, Los Angeles

11 South Meridian Street
Indianapolis, IN 46204-3535
2029 Century Park East
Suite 300
Los Angeles, CA 90067

P 317-231-7717

F 317-231-7433

Andrew J. Detherage is a partner in the Indianapolis and Los Angeles offices of Barnes & Thornburg. Andrew serves on the firm's Management Committee. He is admitted to practice in Indiana and California. He also is co-chair of the firm's Insurance Recovery and Counseling Practice Group, which was named by Law360 as a 'Practice Group of the Year.'

OVERVIEW

Andrew J. Detherage Partner

Indianapolis

Los Angeles

11 South Meridian Street
Indianapolis, IN 46204-3535
2029 Century Park East
Suite 300
Los Angeles, CA 90067

P : 317-231-7717

Andrew J. Detherage is a partner in the Indianapolis and Los Angeles offices of Barnes & Thornburg. Andrew serves on the firm's Management Committee. He is admitted to practice in Indiana and California. He also is co-chair of the firm's Insurance Recovery and Counseling Practice Group, which was named by Law360 as a 'Practice Group of the Year.'

Andrew represents clients in litigated matters throughout the United States and has appeared in courts in more than 35 states. His practice concentrates on insurance coverage matters for policyholders, complex commercial disputes, and toxic torts defense. He currently serves as national counsel for clients in sophisticated insurance coverage litigation, commercial litigation, and toxic tort matters.

In 2015, Andrew represented a global leader in retail real estate ownership, management and development and secured a $204 million jury verdict after a six-week trial relating to flood losses. The verdict included both covered losses and consequential damages in excess of the coverage limits.

Andrew has written papers and spoken at seminars on insurance coverage, expert witnesses, and trial preparation. Since 2007, he has been included in The Best Lawyers in America in the fields of bet-the-company litigation, commercial litigation, construction litigation, personal injury litigation and product liability litigation. In 2017, Andrew was recognized as a "Lawyer of the Year" by The Best Lawyers in America for his work in insurance law. He is also included on the Indiana Super Lawyers list and ranked among the top litigation attorneys since 2011 in Chambers USA. In 2011, Andrew was named a Fellow of the Litigation Counsel of America. In 2015, he was recognized as a Law360 MVP for his work in insurance litigation.

Andrew is a native of Indiana. He received his B.A. in economics and criminal justice with highest distinction from Indiana University-Bloomington, and his J.D., summa cum laude, from Indiana University Robert H. McKinney School of Law, where he was an associate editor of the Indiana Law Review.

Andrew served as president of the board of directors of Big Brothers of Greater Indianapolis (2000-2001) and continues to serve as a member of the board of directors of Big Brothers Big Sisters of Central Indiana. He also serves as a member of the board and secretary of the Indianapolis Tennis Championships, Inc. Andrew was also named a fellow for the Litigation Counsel of America in 2011. He is a past president and arts fair chairman of the Penrod Society, a local arts organization.

EXPERIENCE
  • A Barnes & Thornburg team led by partners Andrew Detherage and Charles Edwards representing Simon Property Group, a global leader in retail real estate ownership, management and development, won a $204 million jury verdict after a six-week trial in Nashville, Tenn. The trial related to flood losses that occurred in May 2010 at the Opry Mills mall in Nashville. The verdict included both covered losses and consequential damages in excess of the coverage limits. The jury also awarded additional consequential damages in an amount to be determined by the trial judge.

    The trial involved 17 insurers who refused to pay for losses above the first $50 million layer of coverage. The verdict follows a favorable summary judgment ruling in March 2015 in which the court ruled that up to $200 million in coverage was available for the loss. The case had been pending for five years and involved more than 130 depositions, including more than 20 experts, along with dozens of motions for partial summary judgment and motions in limine, and a successful effort to defeat a motion to compel appraisal.

    Assisting Detherage and Edwards were Christian Jones, Dennis Stolle, Joseph Chapelle, Curt Greene, Lindsey Dates, Rachel Lerman, Andrea Warren, Kara Cleary, and Brooke Aurs.
  • Barnes & Thornburg attorneys defended The Valspar Corporation in a case brought by an over-the-road trucker who alleged he developed Reactive Airways Dysfunction Syndrome (RADS) when exposed to fumes from our client’s paint product, which leaked from 55-gallon drums plaintiff was hauling. The defendant proved that the steel drums had been reconditioned by a third-party, which had marked the drum according to its specification under the Department of Transportation’s (DOT) Hazardous Materials Regulations (HMR) implementing the federal Hazardous Materials Transportation Act (HMTA). Granting Valspar’s motion for summary judgment, the Court found, that the defendant was “entitled to rely on the reconditioner’s mark when it accepted the drum in question and is not ultimately liable for any potential defects attributable to the reconditioner.” The Court held that the HMTA preempted all of Plaintiff’s claims. This case could set a precedent for future cases as it addressed and affirmed the preemptive effect of a shipper’s federal right to rely on the DOT specification markings on an allegedly defective container supplied by a third party. Plaintiff has appealed to the U.S. Court of Appeals for the Seventh Circuit. The decision is reported at Noffsinger v. The Valspar Corp., 2014 WL 3705176 (N.D. Ill. July 24, 2014).
  • Barnes & Thornburg attorneys have obtained dismissals and other favorable resolutions for The Valspar Corporation in multiple lawsuits alleging injuries as a result of alleged exposure to Valspar’s products. The alleged injuries in these cases have included acute myelogenous leukemia, myelodysplastic syndrome, non-Hodgkins lymphoma, kidney failure, aplastic anemia, and multiple myeloma, as a result of exposure to defendants’ products. By using a combination of aggressive strategies involving case management, dispositive motion practice and expert discovery, Valspar has secured both voluntary and involuntary dismissals as well as de minimus settlements.
  • Barnes & Thornburg attorneys have represented several multi-unit residential home builders in connection with residential water intrusion claims, subcontractor disputes, warranty issues and construction defect claims.
  • Barnes & Thornburg attorneys represented a large national homebuilder in litigation in Kentucky and successfully pursued claims against more than 20 subcontractors seeking to recover millions of dollars spent remediating defective construction work in residential homes. Beazer Homes Investments LLC v. Stephens, No. 06-CI-0345 (Fayette Cir. Ct. 2006).
  • Barnes & Thornburg attorneys represented a major industrial coatings manufacturer in lawsuit against its liability insurance carrier to establish coverage for mass tort claims asserted against client.
  • Barnes & Thornburg attorneys represented a mechanical contractor in litigation against its liability insurance carrier to establish existence and terms of “lost policies” providing over $100 million in coverage for potential asbestos liabilities. The policies at issue dated back to the 1950s and 1960s and had been lost or destroyed.
  • Barnes & Thornburg attorneys represented an engine bearings manufacturer in negotiating coverage for an environmental remediation under both the client’s own policies and the historical policies of prior owner/operators. The firm client prevailed, obtaining almost complete recovery of all legal, investigation, and remediation expenses incurred following policyholder’s enrollment of manufacturing site in the Indiana Department of Environmental Management’s Voluntary Remediation Program.
  • Barnes & Thornburg attorneys represented Simon in appeal involving lease dispute; lower court granted summary judgment for Simon, and granted Michigan Sporting Goods' (tenant's) motion to correct error; court upheld lower court's decision to grant motion to correct error. Simon Prop. Group, L.P. v. Michigan Sporting Goods Distribs., No. 79A02-0411-CV-989 (Ind. Ct. App. 2005).
  • Barnes & Thornburg represented a homebuilding company in a multimillion dollar class action settlement by asserting claims against subcontractors. Colon v. Trinity Homes, LLC, No 29D02-0404-PL-374 (Hamilton Superior Court No. 2).
  • Represented amicus curiae manufacturers association in briefing and oral argument in appeal establishing constitutionality of application of product statute of repose to asbestos claims.
  • Represented owner of high rise office building in asserting eight-figure claim to recover costs of substantial repairs to structure caused by storm damage.
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