Montgomery, J.W. III

Current Employment Position(s)

Partner

Lawyer Overview

Jack Montgomery's practice focuses on insurance coverage advice and litigation. He handles insurance coverage litigation in various jurisdictions and national and international insurance arbitrations. These matters involve CGL, property, marine, D&O, E&O, EPLI, business interruption, aviation, and satellite insurance as well as other forms of first- and third-party coverage.

Notable cases include Koppers Co., Inc. v. Aetna (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. (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. (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. (2005) (holding that lack of merchantability of a product constitutes "physical damage to tangible property").

Prior to joining Jones Day, Jack was lead counsel in Joy Technologies, Inc. v. Liberty Mut. Ins. Co. (1992) (applying "regulatory estoppel" in ruling for the policyholder on the scope of the so-called "pollution exclusion").

Jack has spoken nationally and internationally on insurance coverage and related subjects. He is an adjunct professor at the University of Pittsburgh School of Law, teaching courses on insurance law.

Areas of Practice

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

Representative Cases

• Federated settles insurance recovery action for property and business interruption losses at Macy's stores caused by Hurricanes Katrina and Wilma
• Kaiser Cement and Gypsum seeks coverage for defense of asbestos bodily injury litigation , (2009)
• Koppers' claim of insurer's liability for environmental property damage coverage affirmed by Third Circuit
• Occidental recovers substantial insurance proceeds for environmental damage claims
• Official Creditors Committee of AHERF seeks judicial declaration that D&O insurance polices not subject to rescission by carriers
• PepsiCo prevails in precedential insurance coverage dispute over unusable goods , (2009)
• Safelite seeks insurance coverage for litigation with Diamond Triumph
• Toyota successfully prosecutes insurance recovery claims for product liability coverage , (2009)

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

• U of Virginia- C'ville (Main)
• William and Mary (College of)

Published Works

• BPA, Phthalates, and the Law, 2010
• Amicus Brief on Defense Costs Recoupment or Reimbursement, American & Foreign Ins. Co. v. Jerry's Sport Center, Supreme Court of Pennsylvania, coauthor, 88 MAP 2008, 2009
• 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