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Patrick E. Winters

Partner

  • Licensed Since: 2003
  • Joined Firm: 2005
  • Partner Since: 2014
38505 Woodward Ave.
Suite 100
Bloomfield Hills, MI 48304
TEL: (248) 594-6321
FAX: (248) 901-4040
Areas of Practice
Honors & Awards
  • Michigan Rising Star in Insurance Coverage, Michigan Super Lawyers, a Thompson Reuters publication, 2013 - 2017
  • Dean’s List, all semesters
  • Michigan State Law Review, Editor-in-Chief
  • Merit Based Scholarship
  • Jurisprudence Award, Contracts
Education
  • Michigan State University - Detroit College of Law, magna cum laude, J.D., 2003
  • Michigan State University, with high honors, B.A., 1999
Bar & Court Admissions
  • Michigan, 2003
  • Ohio, 2009
  • U.S. District Court, Eastern District of Michigan, 2003
  • U.S. District Court, Western District of Michigan, 2005
  • U.S. Court of Appeals, Sixth Circuit, 2005
  • U.S. District Court, Southern District of Indiana, 2007
  • U.S. District Court, Western District of Wisconsin, 2011
  • U.S. District Court, Northern District of Indiana, 2015
  • U.S. District Court, Northern District of Ohio, 2018
  • Admitted Pro Hac Vice in Indiana, Illinois, New Jersey, Pennsylvania and Wisconsin

A partner in the firm’s Bloomfield Hills office, Patrick E. Winters focuses his practice exclusively in the area of insurance coverage law. He currently serves as Co-Leader of the firm's Insurance Law Practice Group, which maintains a national insurance coverage practice.

Mr. Winters represents insurance companies in all complex coverage matters, including complex insurance coverage litigation and consulting with clients regarding underwriting, claims handling, emerging coverage issues and coverage opinions. Mr. Winters’ coverage work includes matters relating to complex environmental contamination, automotive, trucking, construction defects, product liability, drone liability, bad faith, and personal and advertising injury.

Representative Client Work

  • Served as coverage counsel for insurer with respect to hundreds of claims alleging exposure to defective drywall
  • Defended insurer in coverage litigation and settlement negotiations involving hundreds of underlying asbestos cases
  • Defended insurer in coverage litigation involving a claim of defective manufacturing where the plaintiff sought over $30 million in damages
  • Second chaired a coverage trial in which a verdict of no cause of action was obtained on client’s behalf where the plaintiff was seeking $3 million in damages 
  • Defended insurers in complex coverage litigation involving extensive underlying environmental contamination in Indiana, Illinois, and Michigan
  • Drafted coverage opinions and recommendations to insurers on complex environmental contamination, product liability, and construction defect cases
  • Obtained favorable dispositive rulings on numerous issues including choice of law, lack of an “occurrence,” late notice, allocation, and many others

Professional Affiliations

  • Oakland County Bar Association
  • State Bar of Michigan
  • American Bar Association (Tort, Trial & Insurance Practice Section)
  • Defense Research Institute (Insurance Coverage and Practice Symposium, Chair, 2016)

Community Involvement

  • Michigan State University College of Law Alumni Association (Board Member, 2004-2011; President, 2010-2011; President Elect, 2009-2010)

Publications and Lectures

  • “When Good Faith Allegedly Breaks Bad: An Examination of Bad Faith Failure to Settle,” DRI Insurance Coverage and Practice Symposium, Article and Presentation, New York, NY, November 2018
  • “Establishing Prejudice As A Coverage Defense,” Presenter, Property Liability Resource Bureau 2017 Claims Conference, March 2017
  • “Better Late Than Never: The Erosion of the Late Notice Defense,” DRI Insurance Coverage and Claims Institute, Article and Presentation, Chicago, IL, April 2016
  • “The Evolution of the Additional Insured Endorsement and its Impact on Coverage for Construction Claims,” Co-Author, Tort Trial and Insurance Practice section of the American Bar Association, Re-published by ALFA International’s Construction Practice Group, 2016
  • Out of Thin Air: An Examination of Vapor Intrusion and the Availability of Insurance Coverage for Vapor Intrusion Claims and Lawsuits, New Appleman on Insurance, Fall 2009
  • Indiana Supreme Court confirms Rebuttable Presumption of Prejudice to Insurer Arises From Defense of "Late Notice," Denial of Coverage on Other Bases Does Not Rebut Presumption
  • Sixth Circuit (Kentucky Law) Requires Excess Insurer to Establish that Late Notice Caused Actual Prejudice
  • Indiana Supreme Court holds assignment of insurance policy rights invalid due to 'consent to assignment' clause in policy
  • Iowa High court Upholds Total Pollution Exclusion as Bar to Coverage
  • Texas Supreme Court Holds Mold Exclusion Applies Even Though Damage Was Caused by Covered Peril

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