Jonathan A. Constine

Partner

Washington, D.C.
Business Phone: 202.274.2891
Business Fax: 202.274.2994

jonathan.constine@troutman.com

vCard

Jon Constine has been handling insurance coverage litigation matters for 24 years. For the last 16 years, his litigation practice has focused exclusively on representing insurers in complex coverage litigation or as monitoring/coverage counsel in major securities, directors and officers (D&O), or employment practices litigation. In that regard, Jon has successfully represented insurers at the trial level and in arbitrations involving, among other things, "late notice" defenses, the Insured v. Insured exclusion, prior acts and warranty exclusions, the definition of "loss," and coverage for disgorgement claims.

Jon has also handled numerous federal appellate and state Supreme Court cases involving coverage issues of national significance. Jon argued the Seventh Circuit case of Level 3 v. Federal Insurance Co., the lead case for the principle that claims for disgorgement do not result in "loss" under a D&O policy. The Fourth Circuit's decision in Beretta v. Federal Insurance Co., which held that claims against gun manufacturers fell within the "products-hazard" exclusion, was ranked by Mealy's Litigation Report as one of 2001's "Ten Most Significant Insurance Coverage Decisions." Jon argued the case of Taurus Holdings v. USF&G, in which the Florida Supreme Court ruled, for the first time in that jurisdiction, that the phrase "arising out of"—a term widely used in policy exclusions— is not ambiguous and should be interpreted broadly.

Representative Matters

Representative published appellate decisions argued (or, where no argument was allowed, handled principally) include the following:

Fourth Circuit

  • Janjer Enterprises, Inc. v. Executive Risk Indem, Inc., 97 Fed. Appx. 410, 2004 WL 1011004 (4th Cir. 2004)
  • Beretta U.S.A. Corp. v. Federal Ins. Co., 17 Fed. Appx. 250, 2001 WL 1019745 (4th Cir. 2001), aff’g 117 F.Supp.2d 489 (D.Md. 2000)
  • Gates, Hudson & Associates, Inc. v. Federal Ins. Co., 141 F.3d 500 (4th Cir. 1997)

Fifth Circuit

  • Federal Ins. Co. v. CompUSA, Inc., 319 F.3d 746 (5th Cir. 2003)

Sixth Circuit

  • Rice v. Liberty Surplus Ins. Corp., 113 Fed. Appx. 116, 2004 WL 2413393 (6th Cir. Oct. 28, 2004)
  • Telxon Corp. v. Federal Ins. Co., 309 F.3d 386 (6th Cir. 2002)

Seventh Circuit

  • Federal Ins. Co. v. Arthur Andersen LLP, 522 F.3d 740 (7th Cir. 2008)
  • Level 3 Communications, Inc. v. Federal Ins. Co., 272 F.3d 908 (7th Cir. 2001)
  • Level 3 Communications, Inc. v. Federal Ins. Co., 168 F.3d 956 (7th Cir. 1999)

Eighth Circuit

  • Spirtas Co. v. Federal Ins. Co., 521 F.3d 833 (8th Cir. 2008)

Eleventh Circuit

  • Taurus Holdings, Inc. v. U.S. Fidelity & Guar. Co., 367 F.3d 1252 (11th Cir. 2004), answer to Certified Question Conformed to, 431 F.3d 765 (11th Cir. 2005)

Florida Supreme Court

  • Taurus Holdings, Inc. v. U.S. Fidelity and Guar. Co., 913 So.2d 528 (Fla. 2005)

New Hampshire Supreme Court

  • Catholic Medical Center v. Executive Risk Indem, Inc., 151 N.H. 699, 867 A.2d 453 (2005)

New York Court of Appeals

  • Fieldston Property Owners Ass'n, Inc. v. Hermitage Ins. Co., Inc., 16 N.Y.3d 257, 920 N.Y.S.2d 763 (2011)

Virginia Supreme Court

  • Partnership Umbrella, Inc. v. Federal Ins. Co., 260 Va. 123, 530 S.E.2d 154 (2000)

Rankings and Recognition

  • District of Columbia, Insurance: Insurer, Chambers USA (2007-2018).
  • Recognized as a SuperLawyer in Insurance Coverage by Washington, D.C. Super Lawyers Magazine (2011-2017).

Professional Experience

  • Partner, Troutman Sanders LLP, 2012-present
  • Partner, Hogan Lovells, 1995-2012
  • Associate, Hogan & Hartson, 1987-1994

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Education

  • University of Virginia, J.D., 1986
    Order of the Coif
  • Harvard University, A.B., 1983

Bar Admissions

  • District of Columbia

Court Admissions

  • U.S. Court of Appeals for the District of Columbia
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Columbia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Eighth Circuit