Current Employment Position(s)

Partner

Lawyer Overview

Mr. Montgomery is a trial lawyer whose practice is concentrated in the area of insurance coverage advice and litigation. Notable cases handled by him include Joy Technologies, Inc. v. Liberty Mut. Ins. Co., 187 W. Va. 742, 421 S.E.2d 493 (1992) (applying "regulatory estoppel" in ruling for the policyholder on the scope of the so-called "pollution exclusion"); Koppers Co., Inc. v. Aetna, 40 F.3d 1240 (1996) (affirming a $70 million jury verdict against Lloyd's and London companies, subject to a deduction for "share" of settling insurers); Occidental Chemical Corp. v. Hartford (the "Love Canal" insurance coverage dispute); Motorola v. Associated Indem. Corp., 878 So. 2d 824 (La. 2004) (requiring third-party liability insurers to defend class actions seeking the costs of headsets for cell phone users); PepsiCo, Inc. v. Winterthur Int'l America Ins. Co., 13 A.D.3d 599, 788 N.Y.S.2d 142 (2004) (limiting the scope of a seepage/pollution/contamination exclusion in first-party insurance to environmental damage and not to product contamination); and PepsiCo, Inc. v. Winterthur Int'l America Ins. Co., 24 A.D.3d 743, 806 N.Y.S.2d 709 (2005) (holding that lack of merchantability of a product constitutes "physical damage to tangible property"). Mr. Montgomery currently is handling insurance coverage litigation in various jurisdictions and has handled national and international insurance arbitrations. These matters have involved CGL insurance, property insurance, marine insurance, D&O insurance, E&O insurance, EPLI insurance, business interruption insurance, aviation and satellite insurance, and other forms of first- and third-party coverage.

Mr. Montgomery is a Fellow of the American College of Trial Lawyers and a member of The American Law Institute and various bar associations. He has spoken nationally and internationally on insurance coverage and related subjects. Mr. Montgomery is an adjunct professor at the University of Pittsburgh School of Law, teaching courses on insurance law. Mr. Montgomery is listed as one of the "World's Leading Insurance & Reinsurance Lawyers" by the Euromoney Legal Media Group as well as in The Best Lawyers in America and Pennsylvania Super Lawyers.

Areas of Practice

• Insurance Liability & Recovery
• Trial Practice
• Alternative Dispute Resolution & Mediation
• Insurance Coverage
• Construction
• International Litigation & Arbitration
• Insurance
• Consumer Products & Retail

Representative Cases

• Joy Technologies, Inc. v. Liberty Mutual Ins. Co., 187 W. Va. 742, 421 S.E.2d 493
• Koppers Co., et al. v. Aetna Cas. & Sur. Co., et al., 2:85-cv-2136 (W.D. Pa.), 98 F.3d 1440 (3d Cir.)
• Koppers Co., et al. v. Aetna Cas. & Sur. Co., et al., 40 F.3d 1240 (3d Cir. 1994)
• Koppers Co., et al. v. Aetna Cas. & Sur. Co., et al., 98 F.3d 1440 (3d Cir. 1996)
• Occidental Chemical Corp. v. Hartford Accident & Indemnity Co. (New York State Court, Niagara Falls)
• Truck Insurance Exchange v. Kaiser Cement & Gypsum Corp.
• ICC Arbitration
• Insurance Coverage Involving Pepsi Product Loss Due to Bad Ingredients from a Supplier

West Practice Categories

Bankruptcy Litigation, Business & Commercial Law, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Insurance Law, International Law, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• Pennsylvania

Education

• William and Mary (College of)

Published Works

• Policy Holders in Environmental Cleanup Actions are Potentially Entitled to Multiple Policy Limits; Multiple Causes of Loss are Not a Basis to Deny Coverage, 2009

Address

500 Grant Street, Suite 4500
Pittsburgh, PA 15219-2514

Phones

1.412.394.7913 (Business Phone)

Faxes

1.412.394.7959 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com