Matthew Foy

Practice Areas

Insurance

Cyber, Privacy & Data Security

Green Technology, Solar & Renewable Energy

Career

Matthew Foy is a Partner in the San Francisco office of GRSM and serves as the National Practice Group Leader of the firm's Property and Casualty Insurance practice. Matt has more than 25 years experience representing national insurers at the claims stage, in trial, and on appeal.

Matt is recognized as a go-to litigator and insurance industry advocate who clients turn to in high stakes cases and novel insurance coverage disputes across the country. Matt’s practice focuses on insurance coverage and bad faith litigation and advice involving first-party and third-party liability policies, at primary and excess layers, with an emphasis on “bad faith set-ups,” sexual abuse and wrongful incarceration claims, personal and advertising injury, cyber-liability, wildfire litigation, mass torts, and complex construction defect matters. He also regularly handles all aspects of insurance cases involving professional liability, D&O, E&O, inland marine, and life, health, and disability insurance products.

Matt has robust experience assisting clients with drafting policy language and routinely provides in-house seminars on coverage and claims handling issues, including best practices. In addition to his insurance practice, Matt represents corporate clients in connection with contract negotiation, dispute resolution, and related litigation. Matt and his team also maintain an experienced professional liability practice focusing on the defense of insurance brokers and agents.

Matt is a frequent speaker on issues confronting the insurance industry and is active with DRI – The Voice of the Defense Bar, for which he was a past Chair of its Insurance Law Committee and as a past member of its ALI Task force, formed to address concerns with ALI’s Insurance Restatement Project. Matt is also a member of the International Association of Defense Counsel.

Professional Memberships

California State Bar Association

San Francisco Bar Association

Massachusetts State Bar Association

DRI-The Voice of the Defense Bar – Past Chair, Insurance Law Committee

International Association of Defense Counsel

Publications

“Top 10” Insurance Coverage Decisions Of 2022, Defense Research Institute (2022)

Ramifications of Defending Under a Reservation of Rights, Defense Research Institute (2015)

Sony's Interview Quagmire: A Watershed Moment for Cyberinsurance, Co-Author, DRI In-House Defense Quarterly (2015)

The Future of the Privacy Offense: Coverage B and Beyond, Defense Research Institute (2014)

Work Highlights

National coordinating and litigation counsel for insurer clients in connection with COVID-19 litigation, both in connection with first- and third-party claims.

Successful handling of trials including on bad faith, duty to defend, indemnity, and primary versus excess issues.

Obtained summary judgment under claims-made professional liability policy against property management insured on prior knowledge grounds.

Obtained summary judgment under E&O policy issued to national printer on ground underlying claim did not allege covered “professional services.”

Obtained summary judgment based on application of Sexual Misconduct exclusions in primary and excess liability policies, which eliminated coverage for claims arising out of sexual misconduct, subject to an exception for individual insureds who allegedly committed such misconduct unless it is judicially determined that such insureds committed the misconduct.

Judgment in favor of client on motion to dismiss, who was sued in a putative class action by insureds who operated restaurant chains in response to denial of coverage for alleged business interruption losses resulting from COVID-19 shut down orders. The court rejected plaintiffs’ arguments, including that its restaurant offerings (i.e., service of food) were impaired and that food service should be considered an “Insured Product.”

Complete defense of insurer client in complex arbitration pursued by assignees of named insured under a D&O liability policy. Allegations stemmed from the client’s denial of coverage to insured in connection with underlying FINRA claims which resulted in default judgments in favor of Assignee in excess of $100 million.

Secured dispositive motion ruling in favor of client in connection with breach of contract and bad faith claims resulting from alleged denial of venture capital insured’s settlement of underlying claims brought by trustee for a bankrupt subsidiary based on allegations of fraudulent transfers in excess of $300 million.

Secured dismissal of breach of contract and bad faith claims resulting from client’s denial of coverage for a business dispute between insured and its competitor. Insured contended the claims against it in the underlying action, based on allegations it had claimed the accomplishments of a competitor as its own and advertised them, triggered the client’s duty to defend. After numerous complaint amendments, the case was dismissed on the ground that advertising of another’s accomplishments as one’s own is not use of an “advertising idea.”

Judgment in favor of client following trial of total fire loss case in California. After securing dismissal of hotly contested Unfair Competition claim in advance of trial, and barring plaintiff from submitting evidence allegedly supporting bad faith claim, judgment was entered in favor of client including based on determination that national headquarters for a hierarchical religious organization was not an insured or otherwise entitled to coverage under policy issued to local congregation.

Secured summary judgment in hotly contested multi-million bad faith case in Los Angeles. The insured contractor was sued by a school district for delay in completion of fire alarm installation contracts. Relying on extrinsic evidence, the insured argued the delay was caused by its disturbance of asbestos covered under a pollution liability policy. Court ruled in favor of client because the underlying complaint did not allege a covered “pollution event” causing “property damage” as required and also determined that extrinsic evidence was inadmissible.

Represented insurer in connection with litigation arising out of underlying arbitration involving construction and design issues with large hospital in Los Angeles. Underlying claims exceeded $100 million and coverage disputes under professional liability policy resulted in litigation of choice of law, claims handling, self-insured retention, allocation, independent counsel, and voluntary payments issues. Favorable resolution following New York mediation.

Favorably settled multi-million dollar fire loss case right before trial while dispositive motions pending, involving allegations of underinsurance / inadequate limits and failure to afford agreed-to coverages, including “Code Upgrade” coverage.

Secured arbitration ruling in favor of lawyer client, who was sued by litigation funding company in connection with its investment in lawyer’s prosecution of multi-million intellectual property claims involving iconic Marvel characters. Litigation funding company alleged that client converted invested funds and committed malpractice in handling the funded litigation. The arbitrator ruled in favor of client on grounds that he did not have a legal or contractual relationship with the litigation funding company, which lacked standing.

Secured dismissal of direct action claim based on stipulated judgment for $7.6 million and assignment rights. Court determined that direct action statute did not support claims under a professional liability policy and that purely personal torts including for punitive damages are not assignable.

Secured summary judgment on behalf insurer client against national retailer facing multiple national class actions premised on improper collection of consumer Zip codes on ground the class actions did not seek covered damages.

Favorably settled bad faith litigation in Illinois involving national retailer while motions for summary judgment were pending on issues of whether underlying data breach class actions involving compromised Pin Pad machines alleged covered claims for invasion of privacy.

Education