Catherine N. O'Donnell

Catherine O’Donnell’s insurance practice involves coverage and litigation issues arising under a wide range of liability and property policies, crime and fidelity, CGL, directors and officers, environmental, errors and omissions, reinsurance, excess, and umbrella policies. She has served as insurance coverage and monitoring counsel for major insurers, handling claims under directors and officers, employment practice, and professional liability policies in civil litigation involving securities defense, employment practices, and civil rights claims. In a monitoring capacity, Ms.O’Donnell handles all forms of litigation against corporate officers and directors, including securities fraud litigation under federal and state laws, governmental investigations, and EPL claims. As litigation counsel to carriers, she represents insurers in coverage, bad faith, and policy rescission actions.

Ms. O’Donnell counsels insurers on all aspects of risk management and litigation issues, including good faith obligations as well as primary-excess, allocation, other insurance, and corporate governance and compliance. She has served as defense counsel in complex civil litigation, including products liability and premises liability. She has also litigated medical malpractice actions.

Ms. O’Donnell served as a law clerk to the justices of the Superior Court of Massachusetts from 1997 to 1999. Her publications include contributions to the Tort & Insurance Law Journal's “Annual Survey Update on Recent Developments in Professionals, Officers, and Directors Liability.”

Ms. O’Donnell is admitted to practice in Massachusetts, New York, and the United States District Court for the District of Massachusetts.

EDUCATION

- J.D., cum laude, New England School of Law, New England Journal on Civil and Criminal Confinement
- LL.B., with honors, University College Galway, Ireland, law degree
- B.A., with honors, University College Galway, Ireland, legal science, sociology, and political science

PROFESSIONAL & TRADE ASSOCIATIONS

- Women’s Bar Association, 1997 to present, volunteer lawyer for the Family Law Project (1997 to 1999)

ADMISSIONS

- Massachusetts
- New York
- U.S. District Court, District of Massachusetts

EXPERIENCE

- Negotiated settlement on behalf of EPL insurer in case with class action potential involving allegations of wage and hour violations under Fair Labor Standards Act. Obtained favorable allocation for noncovered counts.

- Obtained summary judgment dismissal of declaratory action instituted against client insurance carrier by a coinsurer, based upon interpretation of policy’s "real estate manager" and voluntary payment provisions, as well as dismissal of bad faith insurance practices claims, in case involving catastrophic injuries.

- Counsel D&O insurer in connection with disclaimer of coverage based on definition of “claim” in matter involving subpoena issued to insured from United States Department of Justice.

- Litigated and negotiated partial policy buyback on behalf of carrier involved in multicarrier litigation regarding insurance coverage for asbestos claims totaling in excess of $1 billion.

- Represented D&O insurer in connection with coverage, monitoring, and settlement of securities class actions and shareholder derivative suits against insured entity and directors and officers.

- Retained by insurance company in connection with rescission of professional liability policy based on material misrepresentations in the application for insurance.

- Defended insurer named in dispute arising out of containment and remediation of oil spill. Successfully negotiated limited payment and dismissal of action based on analysis of pollution exclusion.

PUBLICATIONS & PRESENTATIONS

ARTICLES

- “Massachusetts’ Highest Court Weighs in on Excess Insurer Obligations” (Winter 2008), published in Insurance Coverage Litigation Committee Newsletter, an American Bar Association’s Tort Trial & Insurance Practice Section publication

- “To Disclose or Not to Disclose: That Is the Question for Policyholders” (3/3/2008), published in Massachusetts Lawyers Weekly

- “Massachusetts Appeals Court Holds Policyholder Gave Honest Answer to Ambiguous Question” (January 2008), published in Professional Liability Underwriting Society Journal

- “Massachusetts Confines Policyholders’ Ability to Recover DJ Fees to Duty-to-Defend Disputes” (March 2007), published in Professional Liability Underwriting Society Journal

- “Recent Developments in the Law Affecting Professionals, Officers, and Directors” (Winter 2005), published in ABA Tort & Insurance Law Journal

- “Recent Developments in the Law Affecting Professionals, Officers, and Directors” (Winter 2004), published in ABA Tort & Insurance Law Journal

- “Recent Developments in the Law Affecting Professionals, Officers, and Directors” (Winter 2003), published in ABA Tort & Insurance Law Journal

- “Lobue v. Christopher: The Unconstitutionality of the U.S. Extradition Statute” (Summer 1997), published in New England Journal on Criminal & Civil Confinement

codonnell@zelmcd.com