Gregory O’Brien

Practice Areas

Litigation

Insurance Coverage

Lawyers' Professional Liability (Defense and Coverage)

Appeals

Career

Gregory E. O’Brien is a shareholder in Cavitch’s litigation group and the chair of its Insurance Law Committee. He has extensive trial experience in the defense of complex business, tort, and insurance disputes in both state and federal court. He is an accomplished appellate practitioner who has briefed and argued over 100 cases to the U.S. Sixth Circuit Court of Appeals, the Ohio Supreme Court, and numerous intermediate Ohio appellate courts. Greg’s clients value his ability to provide prompt, early and insightful evaluation coupled with practical and efficient resolution strategies in complex litigation and business matters of all kinds.

Greg is one of only a handful of Ohio lawyers certified as a Specialist in Insurance Coverage and Bad Faith Law. He has extensive experience in all aspects of insurance law, including: examinations under oath; coverage opinions; reservations of rights and denials; and, litigating tort, breach of contract, declaratory judgment, bad faith, and other coverage disputes. Greg has extensive experience litigating claims under property, general liability, auto and other policies. Greg has tried cases arising out of premises claims, fires, thefts, auto and UM/UIM claims under both business and personal lines in cases asserting property damage, bodily injury/wrongful death, business losses, and bad faith.

Greg is an active member in numerous professional organizations, including: The Cleveland Metro Bar Association (Appellate Courts Committee, Chair 2003 – 2005; Insurance Law Section, Chair 2014-2015); the Ohio Bar Association (Appellate Courts Committee, 2004 – present; Appellate Law Specialty Board, Chair 2006-2015; Insurance Law Specialty Board, 2014 – present); Ohio Association of Civil Trial Attorneys (“OACTA”), (President, 2008; Board of Trustees, 1998 -2009; Awards Committee, Chair 2013 – present; Amicus Curiae Committee, Chair 2003 to 2005; Program Committee, Chair 1999 – 2000; Quarterly Review, Editor-in-Chief 1997 to 2002); Cleveland Association of Civil Trial Attorneys (1986 – present); Defense Research Institute (“DRI”) (State Representative for Ohio, 2010-2013).

Greg is a frequent author and lecturer on topics related to his practice, and he has been awarded numerous honors throughout his career, including: Life Delegate to the Judicial Conference, Eighth District Court of Appeals (2007 – present); Martindale Hubbell, A/V Rating (2002 – present); Ohio Super Lawyer (Appellate Practice, 2004-2006; Civil Litigation Defense, 2009 – present); OACTA Distinguished Service Award (1999, 2001, 2005, and 2006); OACTA President’s Award (2008); OACTA Frank Seth Hurd Member of the Year Award (2016); DRI Exceptional Performance Citation (2007, 2008, and 2013); and, DRI State Leadership Award (2013).

Greg is very involved in the community through organizations such as the St. Ignatius High School Father’s Club (President, 2009-2010); St. Ignatius High School Crew Parents’ Steering Committee (Treasurer, 2010-2012); Cleveland Rowing Foundation: Head of the Cuyahoga Regatta (Parking Committee, Chair 2011-2012); Rocky River Buc’s Baseball (Coach, 2011-2015); Rocky River Youth Hockey Association (Board of Trustees, 2005-present; Advisory Council, 2002-2004); St. Christopher’s CYO Athletics (Baseball Coach, 2012-2015; Basketball Coach, 2011-2013); Rocky River Little League (Coach, 2001-2002, 2004-2008, 2010); Rocky River Rec. Dept. T-Ball/Coach Pitch Baseball (Coach, 1998- 2004, 2007-2009); Rocky River Rec. Dept. Pony League Baseball (Coach, 2008, 2009); Rocky River Rec. Dept. Boys Basketball (Coach, 2009).

In 1986, Greg received his law degree from The Ohio State University College of Law and in 1983 he received a Bachelor of Arts degree in business administration (cum laude) from Walsh College. Greg also successfully completed the course of study at the International Association of Defense Counsel’s Trial Academy in 1995.

Professional Memberships

Cleveland Bar Association

Ohio State Bar Association

Cleveland Association of Civil Trial Attorneys (1986 – present)

Ohio Association of Civil Trial Attorneys (“OACTA”), (President, 2008; Board of Trustees, 1998 -2009; Awards Committee, Chair 2013 – present; Amicus Curiae Committee, Chair 2003 to 2005; Program Committee, Chair 1999 – 2000; Quarterly Review, Editor-in-Chief 1997 to 2002)

Ohio Bar Association (Appellate Courts Committee, 2004 – present; Appellate Law Specialty Board, Chair 2006-2015; Insurance Law Specialty Board, 2014 – present)

Cleveland Metropolitan Bar Association

Cleveland Metro Bar Association (Appellate Courts Committee, Chair 2003 – 2005; Insurance Law Section, Chair 2014-2015)

Work Highlights

Ohio Super Lawyer (Appellate Practice, 2004-2006; Civil Litigation Defense, 2009 – present)

Martindale Hubbell, A/V Rating (2002 – present)

OACTA Distinguished Service Award (1999, 2001, 2005, and 2006)

OACTA President’s Award (2008)

OACTA Frank Seth Hurd Member of the Year Award (2016)

DRI State Leadership Award (2013)

Publications

(A) As an Author:

O’Brien, Gregory E.: Bad Faith Damages in Ohio: Where Do We Stand? OACTA Quarterly Journal, Winter 2011

O’Brien, Gregory E.: “To En Banc or Not To En Banc,” That Is The Question, Cleveland Bar Journal, February 2007.

O’Brien, Gregory E.: More Clarification from the Second District on the Scope of Boone v. Vanliner, OACTA Update, Winter 2007.

(B) As an Editor:

Ohio Association of Civil Trial Attorneys (OACTA)

OACTA Quarterly Review, Editor-in-Chief (1999 to 2002)

OACTA Quarterly Review, Unreported Cases Editor (1997 to 1999)

Cleveland Bar Association

Cleveland Bar Journal, “Appellate Side Bar” (Quarterly Column; Editor and Contributor, 2003 to 2007)

Weston Hurd LLP

Ohio Bad Faith Monitor (Periodic client newsletter addressing legislative and case law developments in the area of insurance bad faith, Editor-in-Chief, 2004-2008)

Weston Hurd LLP

Ohio Insurance Law Watch (Periodic client newsletter addressing developments in Ohio insurance law, Associate Editor and contributor, 1999-2008)

(C) As a Lecturer or Moderator:

Ask the Judges: Civil Procedure and Tactics Guide for Attorneys. National Business Institute; November 19-20, 2015, Cleveland, Ohio; Moderator for two day panel discussion with nine Common Pleas Judges from Cuyahoga and Lake Counties.

Personal Injury Claims: The Insurance Defense Perspective. National Business Institute; August 14, 2015, Cleveland, Ohio; Presented segments on working with insurance company management, and controlling damages in civil litigation.

The Good, the Bad, and the Ugly: Ohio Insurance Bad Faith Law. Cleveland Metro Bar Association; May 9, 2015, Cleveland, Ohio; Program chair and moderator for day-long seminar addressing various facets of Ohio insurance bad faith law.

Insurance Coverage Seminar. Ohio Association of Civil Trial Attorneys; April 17, 2015; Westfield Center, Ohio; Presented segment on recent developments in Ohio bad faith law.

Construction Defect Disputes & Litigation: Using Coverage, Case Law and Indemnification to Shift Liability. National Business Institute; December 18, 2014, Cleveland, Ohio; Presented segments on recent developments in construction claims coverage and Ohio cases developing trigger of coverage analysis under CGL policies.

As Judges See It: Top Mistakes Attorneys Make in Civil Litigation. National Business Institute; November 14, 2014, Cleveland, Ohio; Moderator for day-long panel discussion with nine Common Pleas Judges from Cuyahoga and Lake Counties.

Commercial Leases: Negotiating Key Provisions. National Business Institute; August 14, 2014, Cleveland, Ohio; Presented segment addressing negotiating lease provisions dealing with insurance, damage/destruction, and subrogation.

Appellate Advocacy Seminar. Ohio Association of Civil Trial Attorneys; June 13, 2014, Columbus, Ohio; Presented segment on preserving the record in the trial court.

Risk Happens: How Corporate In-House Counsel Can Protect and Maximize Insurance Assets. Cleveland Metro Bar Association; May 30, 2014, Cleveland, Ohio; Presented segment simplifying and summarizing key provisions and common claims under CGL policies from a corporate risk management perspective.

Civil Court Judicial Forum: Advanced Discovery and Trial Practice. National Business Institute; November 1, 2013, Cleveland, Ohio; Moderator for day-long panel discussion with Common Pleas Judges from Cuyahoga and Lake Counties.

Insurance Coverage Seminar. Ohio Association of Civil Trial Attorneys; June 21, 2015; Columbus, Ohio; Presented segment on recent developments in Ohio bad faith law;

Bad Faith Insurance Claims in Ohio. National Business Institute; May 22, 2013, Cleveland, Ohio; Presented segments on recurring and emerging issues;

Anatomy of a Complex Professional Liability Claim. Cleveland Metro Bar Association; April 19, 2013, Cleveland, Ohio; Presented segment on insurers right to select (and require insurer to pay for) independent counsel when the insurer defends a potentially covered claim under a reservation of rights;

Anatomy of a Complex CGL Claim. Cleveland Metro Bar Association; November 2, 2012, Cleveland, Ohio; Presented segment on insurance coverage for consequential and punitive damage claims;

How Judges See It: Top Mistakes Attorneys Make in Civil Litigation. National Business Institute; October 19, 2012, Cleveland, Ohio; Moderator for day-long panel discussion with nine Common Pleas Judges from Cuyahoga and Lake Counties.

Insurance Coverage Seminar. Ohio Association of Civil Trial Attorneys; August 10, 2012; Westfield Center, Ohio; Presented segment on recent developments and emerging issues in Ohio bad faith law;

Insurance Law 2011. National Business Institute; May 12, 2011, Cleveland, Ohio; Presented segments on Duty to Defend and Common Claims and Causes of Action plead in insurance litigation.

Bad Faith Litigation in Ohio. National Business Institute; September 9, 2008, Cleveland, Ohio; presented segments on various Ohio bad faith issues, claims and defenses.

Education

Expert in these Jurisdictions

Ohio, Northern District of Ohio, Southern District of Ohio, 6th Circuit Court of Appeals

Clients

Nationwide Insurance family of companies

State Auto Insurance Company

Liberty Mutual Insurance Company

Ohio Bar Liability Insurance Company

Minnesota Lawyers Mutual Insurance Company

Discount Drug Mart, Inc.