Miles Holden

Miles C. Holden

Partner

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Litigation and Dispute Resolution
Litigation and Dispute Resolution
San Francisco

Miles specializes in litigation and dispute-resolution counseling, with a focus on insurance recovery and construction matters. He advises on insurance, construction, and general commercial matters, and litigates commercial insurance-coverage actions, construction-related disputes, and other cases in state and federal courts throughout the United States.

In the insurance arena, Miles has represented both insurers and insureds/policyholders, but now focuses his insurance practice on advocating for insureds/policyholders in coverage disputes. Miles handles issues under a variety of first- and third-party insurance policies that provide coverage for the following types of claims and losses, among others:

  • Builder's Risk
  • Business Interruption/Time-Element Losses
  • Commercial Auto/Trucking/Transportation
  • Cyber Liability/Data Breach
  • Directors & Officers Liability
  • Employment Practices Liability
  • Errors & Omissions/Professional Liability
  • Excess & Umbrella Liability
  • Fiduciary Liability
  • General Liability
  • General Property
  • Pollution Liability
  • Product Contamination & Recall
  • Rectification (Design Defects)
  • Wrap-ups/OCIPs/CCIPs

In addition to advising clients on their insurance claims, Miles helps them assess available insurance resources, negotiate policy language, and handle the insurance aspects of contracts.

In the construction field, Miles has represented owners, contractors, and design professionals/engineers in connection with residential, commercial, industrial, and public works projects. He now focuses his construction practice on defending design professionals/engineers.

Miles also handles general commercial matters. His experience ranges from providing pre-dispute and risk management advice to participating in bench trials, jury trials, and arbitration proceedings.

While in law school, Miles was a trial bureau intern for the Office of the District Attorney, Kings County in Brooklyn, New York.

 

 

Representative Work

Insurance Recovery

Through insurance-coverage litigation, obtained a combined insurance recovery in the seven figures in defense and indemnity for a general contractor from multiple primary and excess insurers in connection with underlying construction-defect claims concerning a large apartment complex.

Negotiated a seven-figure recovery for a subcontractor from its insurers in connection with a dispute involving the construction of an industrial facility.

Helped a large municipality recover a substantial seven-figure sum from its insurers through coverage actions in connection with underlying litigation concerning public works infrastructure projects.

Assisted a REIT/developer in litigating with and collecting a substantial payment from its insurer with respect to an environmental dispute involving pollutants impacting the client’s apartment complex.

Successfully advocated for subcontractor client’s entitlement to a defense from its CGL insurer in a commercial construction dispute after the insurer’s initial coverage declination and obtained substantial recovery without the need for coverage litigation.

Obtained settlement payments from two CGL insurers in connection with CERCLA/pollution claims asserted against a contractor/commercial property owner.

Recovered defense and indemnity payments from commercial property owner’s liability insurer in connection with pollution-related bodily injury and personal injury claims through negotiation after the insurer’s initial coverage denial.

Construction

Secured the early dismissal of an engineering firm and its principal from an action alleging residential property design and construction defects.

Helped an engineering firm secure the successful settlement of claims arising out of the construction of a high-rise tower.

Publications

“Mediation Boot Camp 101: Preparing Your Coverage Case for Resolution," co-author, American Bar Association’s Insurance Coverage Litigation Committee (March 2014)

"Mandatory Skilled Nursing Hours Claims: Are You Covered?" co-author, Insurance Thought Leadership (July 2013)

"Please Excuse the Delay: The Consequences of Untimely Notice, Slow Investigation, and the Failure to Communicate," co-author, American Bar Association’s Insurance Coverage Litigation Committee (March 2012)

See All Publications

Presentations

“Understanding Pollution Liability Exposures and Risk Transfer Solutions,” The Associated General Contractors of America 2017 Construction Environmental Conference (September 2017)

“Avoiding Environmental Insurance Pitfalls From Procurement Through Claims,” Society of Environmental Insurance Professionals 2017 Executive Summit (June 2017)

“Managing Risk: Liability Insurance Benefits, Limitations, and Pitfalls,” Indoor Air Quality Association Phoenix Chapter Workshop (May 2016)

“General Contractor Joint Ventures,” Gallagher Contractor Summit (April 2016)

“Same Insured, Different Risks: Who Pays When Insurance Coverage Overlaps?" American Bar Association’s Insurance Coverage Litigation Committee CLE Seminar (March 2016)

"Let's Do a Wrap-Up: What Could Possibly Go Wrong?" International Risk Management Institute Construction Risk Conference (November 2015)

"Life After the Judgment - Now What?" MC Consultants, Inc.'s Construction Litigation & Insurance Coverage Conference (September 2015)

“Additional Insured Coverage,” American Law Institute Continuing Legal Education Webinar (April 2015)

"The Insurance Coverage Available for Employment Claims," co-presenter, Hanson Bridgett Labor & Employment Seminar (January 2015)

"Risk Management Strategies for Multi-Use & Commercial Projects," Axis Construction Conference: Best Practices for Managing & Resolving Construction-Related Issues (October 2014)

"When Wrap Insurance and Traditional Layered Insurance Policies Collide: Coverage Gaps and Other Headaches," MC Consultants, Inc.’s Northern California Construction Litigation Seminar (July 2014) 

“Mediation Boot Camp 101: Preparing Your Coverage Case for Resolution," American Bar Association’s Insurance Coverage Litigation Committee CLE Seminar (March 2014)

"Bringing It Back: Reviving the Suspended Project," Axis Construction Conference: Best Practices for Managing & Resolving Construction-Related Issues (October 2013)

"California Coverage and Current Trends," MC Consultants, Inc.'s Construction Litigation & Insurance Coverage Conference (September 2013)

"Placing the Right Insurance Coverage and Uncovering Found Money: Maximizing the Value of Insurance Resources," County Counsels' Association of California's Public Works and Contracts & Environmental Law and Regulation Conference (May 2013)

"Choose Your Weapons Wisely: Rescission, Reformation, Cancellation, and Other Coverage Litigation Artillery", American Bar Association’s Insurance Coverage Litigation Committee CLE Seminar (March 2013)

"Please Excuse the Delay: The Consequences of Untimely Notice, Slow Investigation, and the Failure to Communicate," American Bar Association’s Insurance Coverage Litigation Committee CLE Seminar (March 2012)

“Insurance Basics,” Black Founders Startup Ventures’ Startup Learning Series: CYA Your Startup (March 2012)

See All Presentations

Honors

Northern California Super Lawyers Rising Star (2013-2015)

Professional Affiliations

Bar Association of San Francisco (formerly Co-Chair and Vice-Chair of the Barristers Club Construction Law Section)

American Bar Association

Academic Distinction

Cardozo Arts & Entertainment Law Journal

Cardozo Bet Tzedek Legal Services Clinic

Education

J.D., Benjamin N. Cardozo School of Law, Yeshiva University

M.I.B., University of Melbourne

B.A., with distinction, Stanford University

Admissions And Courts

Arizona

California

Florida

New Jersey

New York

Languages

Conversational Spanish

Conversational Portuguese

San Francisco

415-995-5039 Direct Phone
415-995-3505 Fax

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Firm Leadership

Insurance Recovery Practice Leader