Terrence R. McInnis

Partner

Orange County
Business Phone: 949.622.2705
Business Fax: 949.769.2060

terrence.mcinnis@troutman.com

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Terry McInnis represents insurance companies in coverage and bad faith litigation involving all types of insurance, including primary and excess directors & officers, employment practices liability, errors & omissions, and miscellaneous professional liability policies, general liability, umbrella, and pollution policies, as well as liability policies issued to nonprofit organizations, associations, governmental entities, public and private firms, and media companies. He also provides pre-litigation counseling and advice to insurance clients regarding complex coverage and claims-handling issues, advises insurers on policy drafting, and represents insurers in responding to investigations conducted by the Department of Insurance.

Representative Matters

  • Represented insurer in coverage litigation against insured and other insurers concerning coverage for a consumer class action involving alleged damages in excess of $1 billion. Won summary judgment that another insurer was primarily liable for defense of the insured and obtained a contribution award of over $1 million in defense costs from other insurer.
  • Represented medical malpractice insurer in breach of contract and bad faith claim against it arising from its refusal to pay unreasonable and unnecessary defense expenses incurred in defense of a malpractice action. Obtained summary judgment in favor of insurer in the trial court, and successfully upheld the judgment on appeal to the California Court of Appeal.
  • Represented insurer in responding to a demand that the client tender its $2 million policy limits to settle an $85 million claim against the insured. After conducting an extensive investigation of the underlying claim and potential defenses, negotiated a settlement of the entire matter for less than 25% of policy limits.
  • Obtained rescission of a lawyers professional liability policy issued to an attorney based upon material misrepresentations contained in the policy application.
  • Represented primary directors & officers insurer as coverage counsel in connection with a securities fraud claim asserted against its insured. The suit claimed damages of over $200 million against the insured. The case was successfully settled within policy limits, and with a contribution from the insured.
  • Represented professional liability insurer in an arbitration against a personal umbrella insurer who had denied coverage for a defamation suit against a mutual insured. Won an arbitration award against the umbrella insurer requiring the other insurer to pay a substantial portion of the defense costs incurred on behalf of the insured.
  • Represented insurer in breach of contract and bad faith action in which the insureds claimed the insurer wrongfully denied coverage for six related lawsuits, including several consumer class actions, resulting in total claimed damages by the insureds in excess of $10 million. Obtained a favorable settlement well within the policy limits.
  • Represented insurer who had denied coverage based on late notice of claim. Obtained summary judgment on behalf of client in the bad faith lawsuit brought by the insured when the court found that the insurer’s policy language imposed a valid and enforceable reporting requirement.

Presentations and Speaking Engagements

  • "The Insurer's Duty to Settle, Bad Faith and Verdicts in Excess of Policy Limits," Strafford Webinar (January 7, 2015).
  • “Does My Client Need Professional and Cyber Liability?,” PLUS Cyber Symposium, Atlanta, GA (April 24, 2014).
  • “D&O & Professional Liability: Risks and Coverages,” Guest Lecturer, University of California, Irvine (April 12, 2010).
  • “New Regulations Affecting Liability Insurers: What Insurers, Plaintiff’s Counsel and Defense Counsel Need to Know About the New Medicare Reporting Requirements,” Orange County Bar Association, Insurance Law Section Meeting, Costa Mesa, CA (March 26, 2010).
  • “Recent Developments, Emerging Issues and Ethical Considerations Affecting Environmental, Products, and Insurance Litigation,” The Insurance Society of Philadelphia, Exton, PA (April 2, 2009).
  • “Settling Complex Claims While Avoiding Bad Faith Liability To Everyone,” 17th Annual Insurance Coverage Litigation Committee Midyear Program, ABA’s Tort Trial and Insurance Practice Section, Los Angeles, CA (February 27, 2009).
  • “Choosing the Best Forum for Your Case,” 17th National Advanced Forum on Bad Faith Litigation, American Conference Institute, San Francisco, CA (May 15, 2008).
  • “Hot Topics in EPL,” Professional Liability Underwriting Society International Conference, Chicago, IL (November 9, 2006).
  • “Insurance Bad Faith Claims in California,” Lorman Education Services, Costa Mesa, CA (October 5, 2005).
  • “Securities Litigation and Liability in the New Era,” Program Chair, ABA Annual Meeting, San Francisco, CA (August 9, 2003).
  • “Legal Ethics and Professional Responsibility for Corporate and Insurance Staff Counsel,” ABA Annual Meeting, Washington, D.C. (August 11, 2002).
  • “Professional Liability in the New Millennium,” Moderator, ABA/TIPS Professionals’, Officers’ and Directors’ Liability Committee National Program, New York, NY (March 18, 1999).

Publications

  • "Draft Restatement of the Law of Liability Insurance Proposes Significant Changes to Insurance Law," PLUS Journal, July 2015.
  • "A Trend of Coverage Denials under D&O and Professional Liability Policies for Contractual Liability Claims," Westlaw Journal Insurance Coverage, October 12, 2012.
  • “Choosing the Best Forum for Your Insurance Coverage Case,” CGL Reporter, 22:180-1 (April 2010).
  • “New Regulations Affecting Liability Insurers: What Insurers and Counsel Need to Know About the New Medicare Reporting Requirements,” The Business Suit, DRI Commercial Litigation Committee (April 9, 2010).
  • “Insolvent Insureds and the Challenges of Large SIRs and Deductibles,” The Business Suit, DRI Commercial Litigation Committee (February 24, 2010).

Professional and Community Involvement

  • American Bar Association (Chair (2002-03), Vice Chair (1997-02), Professionals’, Officers’ and Directors’ Liability Committee of the Tort Trial and Insurance Practice Section; Vice Chair (2002-06), Insurance Coverage Litigation Committee of the Tort Trial and Insurance Practice Section)
  • Orange County Bar Association (Arbitrator, OCBA Mandatory Fee Arbitration Committee (2004-present))
  • California State Bar Committee on Professional Liability Insurance (2001-04)
  • Defense Research Institute (Insurance Law Columnist, Commercial Litigation Committee's Business Suit newsletter)
  • Professional Liability Underwriting Society
  • Association of Business Trial Lawyers
  • Editorial Board, West’s Insurance Litigation Reporter (2002-04)
  • Bad Faith Law Reporter, Editorial Board (Stratton Press) (2000-02)
  • Editorial Board, CGL Reporter (Insurance Risk Management Institute) (2010-2016)

Rankings and Recognition

  • Named Best Lawyers in America - Lawyer of the Year, Insurance Law, 2019
  • Recognized in The Best Lawyers in America® in Insurance Law (2018-2019).
  • Listed among Super Lawyers practicing in Orange County, Orange Coast Magazine, February 2017
  • California, Insurance: Insurer, Chambers USA (2007-2018)
  • Selected for Southern California Super Lawyers in Insurance Coverage (2009-2018)
  • Selected for inclusion in the 2010 Law & Politics’ Super Lawyers, Corporate Counsel Edition
  • Achieved an AV® Peer Review Rating from Martindale-Hubbell

Professional Experience

  • Partner, Troutman Sanders LLP, 2009-present
  • Partner, Ross, Dixon & Bell, LLP, 1999–2008
  • Associate, Ross, Dixon & Masback, LLP, 1992-1998
  • Law Clerk, The Honorable John T. Nixon, Chief Judge of the U.S. District Court for the Middle District of Tennessee, 1991-1992

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Education

  • Columbia University, J.D., 1991
    Managing Editor, Columbia Journal of Law and Social Problems
    Harlan Fiske Stone Scholar
  • Whitman College, B.A., with honors, 1988

Bar Admissions

  • 1991 California
  • 1992 District of Columbia

Court Admissions

  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the District of Columbia
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the District of Colorado