For over 25 years, Terrence R. McInnis has counseled and represented insurers on multimillion-dollar claims in virtually every jurisdiction in the country. He brings his wealth of experience with many lines of insurance and diverse claims to help his clients navigate coverage disputes and obtain successful results.
Terry counsels insurers on complex and high-exposure claims. He is often called on to provide advice on insurance law, policy interpretation and claims-handling issues, and to evaluate and respond to coverage disputes and allegations of bad faith.
Where possible, he works with clients to resolve such disputes before coverage litigation ensues. However, when litigation is necessary or appropriate, Terry brings his years of experience representing insurers in arbitrations and trials and in appellate courts throughout the country to achieve successful outcomes for his clients.
He regularly defends insurers in bad faith suits and defends and prosecutes declaratory relief actions on behalf of his clients. He represents insurers in actions against insureds and others for breach of contract, misrepresentation, rescission, insurance fraud, recoupment, contribution and indemnity, and has recovered millions for his clients.
A client reported to Chambers USA that Terry “has a deep understanding of insurance coverage issues and how best to navigate those issues in litigation, both substantively and procedurally.”
While Terry has advised insurers on virtually every type of insurance, he most frequently advises clients on professional liability (including accountants, lawyers, architects and engineers, real estate agents, insurance agents, seedsmen, and others); employment practices liability; private company D&O; healthcare management; general liability; environmental and pollution liability; product liability; product contamination; construction defect; educators liability; and umbrella, excess and media policies. Terry has also assisted clients in policy drafting and in responding to investigations by regulators.
Representative Matters :
- Represented a medical malpractice insurer in breach of contract and bad faith claims against it arising from its refusal to pay unreasonable and unnecessary expenses incurred in defense of a malpractice action. Obtained summary judgment in favor of the insurer in the trial court, and successfully argued on appeal to the California Court of Appeal that the judgment be upheld.
- Represented an insurer in responding to a demand that the client tender its $2 million policy limits to settle an $85 million claim against the insured. Following an extensive investigation of the underlying claim and potential defenses, negotiated a settlement of the entire matter for less than 25 percent of the policy limits.
- Obtained rescission of a lawyers professional liability policy, based on material misrepresentations contained in the policy application.
- Represented a primary directors and officers insurer as coverage counsel in connection with a securities fraud claim asserted against its insured. The suit claimed damages of over $200 million against the insured. The case was successfully settled within the policy limits and with a contribution from the insured.
- Represented an insurer that had denied coverage based on late notice of the claim. Obtained summary judgment on behalf of the client in the bad faith lawsuit brought by the insured when the court found that the insurer’s policy language imposed a valid and enforceable reporting requirement.
Professional and Community Involvement :
- Orange County Bar Association, Arbitrator, OCBA Mandatory Fee Arbitration Committee (2004-present)
- Defense Research Institute, Insurance Law Columnist, Commercial Litigation Committee’s The Business Suit newsletter
- Association of Business Trial Lawyers
- Editorial Board, West’s Insurance Litigation Reporter (2002-2004)
Professional Experience : Law Clerk to the Honorable John T. Nixon of the U.S. District Court for the Middle District of Tennessee, 1991-1992
- Columbia University School of Law, J.D., Harlan Fiske Stone Scholar, 1991, Managing Editor, Columbia Journal of Law and Social Problems
- Whitman College, B.A., with honors, 1988
BAR ADMISSIONS : California, District of Columbia
COURT ADMISSIONS :
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the District of Columbia
- U.S. Court of Appeals for the District of Columbia
- U.S. District Court for the District of Colorado
Rate : $$$