Matthew Chiricosta

Practice Areas

Business, Corporate and Commercial Litigation

Employee Benefits/ERISA Litigation

Insurance Recovery

Appellate Proceedings Litigation

Health Care Litigation

Insurance Coverage

Securities Litigation

White-Collar Defense and Investigations

Career

As a member of Calfee’s Insurance Recovery practice, Matt Chiricosta provides insurance coverage advisory and litigation services to insurance policyholders for a variety of insurance products, including commercial general liability (CGL), directors & officers liability (D&O), errors & omissions liability (E&O) and property insurance, to name a few.

While Matt has deep experience litigating complex insurance disputes on behalf of policyholders when such disputes become unavoidable, he brings a proactive and cost-effective problem-solving approach to resolving complex insurance coverage matters and recovering insurance policy proceeds for policyholders.

Matt is one of just 23 Ohio lawyers certified as an Insurance Coverage Law Specialist by the Ohio State Bar Association.

Matt also serves as a member of the firm's Associates Committee and relishes the chance to assist in the career development and growth of Calfee’s talented associate lawyers.

Professional Memberships

Legal Aid Volunteer Lawyers Program, represents economically disadvantaged clients in various litigation matters on a pro bono basis

Expert in these Jurisdictions

Ohio

Experience

Representative Insurance Coverage Matters:

A publicly traded, Fortune 100 corporation filed two lawsuits against our client, an Ohio manufacturing company, in federal courts in two states. The Plaintiff's claims against our client involved allegations that construction material, which the Plaintiff purchased from our client and installed in its retail stores, was defective and had caused alleged damages. The lawsuits involved more than 50 retail stores located throughout the country. Following a confidential settlement between the Plaintiff and our client, Calfee now represents the client in an insurance coverage litigation in the United States District Court against its three insurance companies. These lawsuits were the most significant that the client has ever faced, and the insurance claims will involve the interpretation and application of key controversial, recent Ohio Supreme Court precedent regarding coverage triggers and compensable property damage, with the coverage case potentially establishing new law exploring the boundaries of that precedent.

Serving as lead policyholder insurance coverage counsel regarding claims resulting from a fire at a chemical manufacturer client's facility in Europe. The publicly traded, Fortune 100 company client seeks insurance coverage from certain of its general liability insurers for alleged bodily injury and property damage resulting from a fire at the facility in Western Europe. This matter is important because it involves novel questions of the interpretation and application of certain key provisions appearing in typical general liability insurance policies.

Serving as Ohio policyholder litigation counsel to an American manufacturer for a federal insurance coverage lawsuit pending in United States District Court in which the client has sued a publicly traded insurance company seeking insurance coverage for defense costs and indemnification against any eventual settlement or judgment in connection with underlying class-action litigation alleging harm resulting from contaminated products. This matter is important because it involves unique issues of the interpretation and application of a batching provision in relationship to the definition of “occurrence.”

Calfee’s client, a publicly traded, global company, has faced claims in multiple states from both government regulators and private claimants alleging that its chemical emissions have resulted in injury. Calfee is serving as the client’s lead insurance coverage counsel, designing and implementing a coverage strategy to secure defense and indemnification from certain of the client’s insurers. This matter is important because of the high-profile public nature and alleged public health hazards. The insurance coverage issues involve challenging questions surrounding the interpretation and application of key insurance policy provisions. There is a reasonable likelihood the newly filed lawsuit will set a precedent that will be cited and relied upon by courts nationwide on the scope of pollution exclusions appearing in commercial general liability (CGL) insurance policies.

Calfee’s client, a global, privately held manufacturer of consumer and commercial products, has faced a series of national class actions by municipalities and individual consumers alleging that one of their products has damaged drains and public sewer systems. Calfee has served as lead insurance coverage counsel, designing and implementing a coverage strategy to secure defense and indemnification for the underlying lawsuits. This matter is important due to the high reputational and financial risks it poses to the client, and the insurance coverage is an integral part of the client's related risk-mitigation strategies. The coverage matter involves novel considerations of the scope of CGL coverage grants, including with respect to coverage for consequential damages.

Provided insurance coverage consulting and advocacy services to a privately held manufacturing company in connection with its efforts to secure defense and indemnification coverage for a pending environmental contamination lawsuit involving a city on the West Coast of the U.S. This matter, which was settled in 2022, was important because it presented unique issues of captive insurers in relationship to public market insurers, along with novel interpretation and application of exclusionary language, including pollution exclusions.

Providing insurance coverage consulting and advocacy services to a publicly traded, Fortune 500, natural resources and manufacturing company in connection with insurance claims pertaining to the costs of certain environmental contamination remediation. This is important because the procedural issues involve the interplay among the jurisdiction and sovereignty of various federal and state environmental agencies.

Serving a chemical distributor client as its insurance coverage counsel in connection with its efforts to obtain defense and indemnity from various insurance companies in connection with a series of third-party claims alleging serious bodily injuries, with each claimant seeking millions of dollars. Calfee’s services include litigating against the client’s historical liability insurers in U.S. federal court regarding their failure to honor the client’s allocation of its losses among its insurance policies and related bad faith claims handling by the insurers. The litigation is important because it includes first-impression insurance coverage issues that, if ruled upon by the court, will set key legal precedents under Ohio law regarding the application of Ohio’s “all sums” and equitable contribution doctrines for long-tail toxic tort and environmental pollution insurance coverage claims.

Calfee’s client, a large university, faces hundreds of claims by former student-athletes alleging violations of U.S. Title IX in connection with sexual misconduct committed by a former doctor employed by the university. Calfee serves as the university’s outside insurance coverage counsel, leading the client’s efforts to secure insurance coverage for the defense and indemnification of those claims valued at multi-billion dollars. This matter is important due to the magnitude and social significance of the pending claims against the client and it involves highly unique and sophisticated insurance coverage issues, including the interpretation and application of various types of insuring agreements and exclusions.

For many years, Calfee’s client, a multinational, publicly traded, Fortune 100 company, has faced large-scale claims alleging bodily injury resulting from exposure to asbestos incorporated in products distributed or manufactured by a predecessor entity now owned by the client. Since 2015, Calfee has served as lead outside insurance coverage counsel for the client in connection with these claims, designing and implementing strategies for protecting and maximizing insurance coverage assets available to the client. This matter is important both because the insurance coverage claims include complex coverage theories, including issues of first impression with respect to the allocation of long-tail claim exposure across dozens of policy periods and among various primary and excess layers of insurance.

Calfee's client, a university in Ohio, faces continuing business interruption losses and related extra expenses resulting from the COVID-19 pandemic. Calfee is leading the university’s continuing efforts to recover millions of dollars for these losses from their property insurer. This matter is important because insurance coverage for COVID-19 business interruption losses has been a critical issue facing many U.S. companies. Notably, Calfee helped many other clients with their COVID-19 business interruption insurance coverage claims, including two additional Ohio universities, a publicly traded Fortune 500 company, two professional sports organizations, and various companies in the hospitality industry, which was one of the hardest-hit industries.

Obtained judgment exceeding $75 million against a general liability insurer for a publicly traded policyholder client in connection with high-exposure toxic tort claims.

Obtained insurance coverage for a privately held client in connection with potentially high-exposure toxic tort claims, causing large liability insurer to reverse several coverage denials prior to the filing of coverage litigation.

Obtained insurance coverage for a privately held client in connection with “bet the company” shareholder litigation.

Representative White-Collar Defense and Investigations Matters:

Representing a nonprofit entity in a corruption investigation by the State of Ohio Attorney General and a grand jury.

Obtained favorable resolution of a corruption investigation, resulting in the closing of the investigation with no charges against Calfee’s client.

Education