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OVERVIEW

John P. Fischer
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7355

F 317-231-7433

OVERVIEW

John P. Fischer
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7355

F 317-231-7433

Insurance coverage adviser and litigator John Fischer represents business and individual clients in negotiating the terms of their liability policies, as well as in pre-lawsuit counseling, negotiating insurance coverage for claims, and litigation involving coverage disputes, all on behalf of policyholders.

OVERVIEW

John P. Fischer Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P : 317-231-7355

Insurance coverage adviser and litigator John Fischer represents business and individual clients in negotiating the terms of their liability policies, as well as in pre-lawsuit counseling, negotiating insurance coverage for claims, and litigation involving coverage disputes, all on behalf of policyholders.

John represents businesses and individuals in disputes with insurance companies who have failed to provide the coverage they promised. John’s experience in the area of insurance coverage is wide-ranging, and includes pursuing carriers for failure to pay pollution, property damage and business insurance claims. He has also litigated and resolved issues involving settlements within stated policy limits, and defended client interests in the event of insurance agent or broker negligence.

An experienced litigator, John has helped clients obtain settlements in major claims involving general liability, pollution liability, property, D&O, E&O and cyber insurance-related matters. He has assisted clients by advocating and negotiating multimillion dollar verdicts and settlements for clients who were wrongfully denied the benefits of their policies.

Thorough and diligent, John’s familiarity with many major carriers, procedures and decision-making processes often allows him to anticipate their next move. A skilled writer and negotiator, John knows his cases inside and out in order to negotiate or litigate a result that meets the client’s objectives.

Notably, John has presented seminar lectures on bad faith issues in the insurance context. He has participated in BT ValueWorks’ Legal Project Management (LPM) training and applies LPM techniques to the delivery of legal service.

Professional and Community Involvement

Member, American Bar Association

Member, Indiana State Bar Association

Member, Indianapolis Bar Association

Member, Defense Research Institute

Honors

The Best Lawyers in America, 2017-2019

Indianapolis Bar Association, Bar Leader Series Program inaugural class, 2003

EXPERIENCE
  • A Barnes & Thornburg attorney represented a chemical product manufacturer in overcoming lost-policy issues and other challenging coverage issues to confirm obligations of liability insurer for investigation expenses incurred following policyholder’s enrollment of manufacturing site in the Indiana Department of Environmental Management’s Voluntary Remediation Program. The case involved significant conflict of laws and coverage issues, but through negotiation the client manufacturer obtained almost complete recovery of legal, investigative, and remediation expenses.
  • A Barnes & Thornburg attorney represented a general contractor in a case where the contractor obtained settlement recovery of more than $2 million in defense and indemnity expenses from general liability insurer by asserting a claim for coverage under its subcontractor’s policies.
  • Barnes & Thornburg attorneys defended an original equipment manufacturer (OEM) against warranty, fraud, and misrepresentation claims asserted by purchaser. Purchaser claimed more than $4 million in damages, but ultimately dismissed suit without any payment of damages or settlement.
  • Barnes & Thornburg attorneys obtained summary judgment for the client in a product liability case, in which Plaintiff steel mill alleged that a shaft manufactured by the client broke and caused more than $11 million in damages. The trial court granted summary judgment in favor of the client under the economic loss doctrine. The Indiana Court of Appeals affirmed. 734 N.E.2d 584 (Ind.Ct.App. 2000).
  • Barnes & Thornburg attorneys represent Valspar, a paint and coatings manufacturer, in a case involving two of Valspar’s historical general liability insurers disputing the contribution of defense expenses in long-tail toxic tort exposure cases. The suit includes claims that the second insurer’s policies that are subject to a large self-insured retention or a fronting arrangement are obligated to contribute to defense costs paid by the first insurer as part of its first-dollar defense obligation.
  • Barnes & Thornburg attorneys represented a construction equipment manufacturer who obtained complete recovery of more than $1,000,000 in defense and indemnity costs under products liability and umbrella policies, where carriers claimed that client was not an insured under the policies.
  • Barnes & Thornburg attorneys represented a dry cleaning business in an insurance coverage lawsuit to confirm a liability insurer’s defense and indemnity obligations of more than $1 million in investigation and remediation expenses incurred following policyholder’s enrollment of dry cleaning sites in the Indiana Department of Environmental Management’s Voluntary Remediation Program. Subsequently, the client obtained virtually complete defense and indemnity coverage valued at more than $3 million for other environmental sites and an environmental liability lawsuit.
  • 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 natural gas company in a $30 million coverage case that arose after the defendant refused to provide coverage for a large judgment entered against client in a prior proceeding. The case settled favorably for client.
  • Barnes & Thornburg attorneys represented a publishing company in the successful prosecution of trade secret and conversion claims against a client’s former employee, who became a competitor. The publisher obtained an agreed injunction order permanently enjoining the individual from making use of misappropriated trade secret information.
  • 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 Anheuser-Busch in a case that arose as a result of a temporary Indiana state regulation that permitted beer distributors to engage in "transshipping," a practice in which beer distributors were permitted to sell outside of the territory that had been designated for them by the alcohol brewing companies. After the regulation expired, the beer distributors filed suit against the Indiana Alcohol & Tobacco Commission and the various brewing companies. Barnes & Thornburg represented Anheuser-Busch's interests in the litigation. As a major brewing company, Anheuser-Busch's interests were aligned with the position of the Indiana Alcohol & Tobacco Commission because the temporary rule had prevented Anheuser-Busch from enforcing the territories it had negotiated with the beer distributors. Barnes & Thornburg assisted Anheuser-Busch in defending the expiration of the law from the distributors' challenge, and succeeded in obtaining judgment in favor of our Client. The beer distributors appealed to the Indiana Court of Appeals, but the appellate court affirmed the judgment of Marion Superior Court. Little Bev. Co. v. DePrez, 777 N.E.2d74 (Ind. App. 2002).
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