Stephen P. Brown
- Licensed: 1993
- Joined Firm: 1994
- Partner Since: 2001
Bloomfield Hills, MI 48304
Areas of Practice
- Wayne State University Law School, J.D., 1993
- University of Michigan, B.A., 1990
Bar & Court Admissions
- Michigan, 1993
- U.S. Circuit Court of Appeals, Sixth Circuit
- U.S. District Court, Northern District of Indiana
- U.S. District Court, Southern District of Indiana
- U.S. District Court, Northern District of Illinois
- Pro Hac Vice Admissions in state or federal courts in Illinois, Indiana, Kentucky, Mississippi, Missouri, Ohio, Pennsylvania, Texas and West Virginia
Stephen P. Brown is a member of the firm’s Insurance Law Practice Group in the Bloomfield Hills Office. His area of specialty is representing insurance companies in complex insurance coverage disputes involving a wide spectrum of issues, including insurance coverage for underlying product liability and environmental contamination claims, among others. He has also represented corporate entities in complex product liability litigation.
Additionally, Mr. Brown has extensive experience in handling both first party and third party coverage litigation matters involving a wide range of issues including intentional acts, fraud, rescission as well as bad faith and failure to settle claims on behalf of insurance companies. His insurance coverage practice also includes a number of defense cost disputes where the reasonableness and necessity of defense costs incurred by an insured were at issue.
Mr. Brown has been successful in obtaining summary judgment on a number of key insurance coverage issues and authored numerous coverage opinions for insurance carrier clients on a wide range of topics, including coverage for advertising injury claims, sexual harassment, racial and sexual discrimination, assault and battery, defective products, and claims made/claims reported issues.
The principal author of several Plunkett Cooney national legal compendiums, Mr. Brown has also given carrier-specific presentations and seminars about various insurance coverage issues and topics.
Representative Client Work
- Represents insurance carriers as regional coverage counsel in numerous coverage matters involving issues such as construction defects, bad faith, class actions, mass torts, environmental, defective products, asbestos, mold, contaminated foods, general liability (primary and excess), assault and battery, employers liability and workers compensation policies, errors and omissions and professional liability
- Represented insurance carriers in several noteworthy coverage cases, including the Stryker defective knee product liability litigation, Dow Corning breast implant coverage litigation, 3M breast implant coverage litigation, Dow Chemical pollution coverage litigation, Indiana Gas pollution coverage litigation, American Bumper intentional tort/wrongful death coverage suit, and Consolidated Industries defective furnace coverage litigation
- Alford v. Liberty Mutual Flrn Insurance Company, 2017 WL 431492 (E.D. Mich. 2017) (obtained summary judgment)
- Katz v. Safeco Insurance Company of America, 2016 WL 1161525 (E.D. Mich. 2016) (case involved damage to personal property and home when asbestos was released during cleanup and remediation after a major flood. Plaintiff sought coverage for the asbestos-related damages under home insurance policy)
- Decker Mfg. Corp. v. Travelers Indmen. Co., 106 F.Supp.3d 892 (W.D. Mich. 2015) (Time-on-the-risk method of apportionment was applicable to apportion pollution remediation costs)
- Anderson v. Liberty Insurance Company, 2016 WL 4089216 (E.D. Mich. 2015) (obtained summary judgment in claim involving breach of contract and violation of the Michigan Uniform Trade Practices Act. Plaintiff filed claim of loss under the vandalism and malicious mischief provision of his homeowners insurance)
- Sweet v. Liberty Insurance Corporation, 2014 WL 12614487 (E.D. Mich. 2014)
- Travelers Cas. and Sur. Co. v. Maplehurst Farms, Inc., 18 N.E.3d 311 (Ind. 2014) (Insured’s costs to settle claim to remediate contamination were incurred when insured entered settlement before providing notice to insurer)
- Jones v. CR Meyer Const. Co., F Supp 3d, 2014 WL 2040045 (W.D. Mich. 2014) (obtained summary judgment in pro se civil rights case on basis of failure to state a claim upon which relief can be granted)
- Liberty Mut. Fire Ins. Co. v. Holka, 984 F.Supp.2d 688 (E.D. Mich. 2013) (Moped involved in accident was a “motorized land conveyance” excluded from coverage under homeowners policy)
- Hayes v. Liberty Mutual Group Inc., 2012 WL 12903187 (E.D. Mich. 2012)
- Travelers Cas. and Surety Co. v. United States Filter Corp., 895 NE 2d 1172, 2000 WL 4837453 (Sup. Ct. IND 2008) (Liability corporations could not seek coverage for product liability claims under liability policies issued to predecessors-in-interest)
- US Filter
- Harmon case
- American Bumper and Mfg. Co. v National Union Fire Ins. Co. of Pittsburgh, PA; Michigan Court of Appeals, obtained reversal of denial of summary disposition as to duty to defend intentional tort/wrongful death suit.
- Nugent Sand Company v Century Indemnity Company; United States District Court – Western District of Michigan, obtained summary judgment as to pollution exclusion application to groundwater contamination.
- Stryker Corporation v National Union Fire Insurance Company of Pittsburgh, PA; United States District Court – Western District of Michigan, obtained summary judgment with respect to number of occurrences issue and applicability to insured’s self-insured retention.
- J. Doepker v Everest Indemnity Insurance Company; United States District Court-Northern District of Ohio, successfully removed a Supplemental Complaint seeking coverage for a $50 million default judgment resulting in a favorable resolution/settlement.
- Arch Specialty Insurance Company v Correctional Health Resources, Inc.; United States District Court – Western District of Michigan, obtained summary judgment on basis of late notice/reporting issues.
- Chippewa Valley Schools v National Union Fire Insurance Company of Pittsburgh, PA; United States District Court – Eastern District of Michigan, obtained summary judgment on notice/claims reporting issues.
- Gencorp, Inc. v AIU Insurance Co.; United States District Court – Sixth Circuit Court of Appeals, USDC, Northern District of Ohio, obtained affirmance of grant of summary judgment based on lack of exhaustion of underlying insurance.
- Donna Morgan v Century Surety Company, et al; Lake County Circuit Court, Indiana, obtained summary judgment as to coverage for underlying assault and battery suit.
- The Lamson & Sessions Co. v Aetna Casualty and Surety Co.; Court of Common Pleas, Cuyahoga County, Ohio, obtained summary judgment as to application of pollution exclusion to historical releases of pollutants.
- State Bar of Michigan
- Chartered Property & Casualty Underwriter – (successfully completed 5 of 10 CPCU courses)
- Federation of Defense and Corporate Counsel
Publications and Lectures
- "Insurance Transfer in Asset Deals/Stock Deals," American Bar Association's 24th Annual Insurance Coverage Litigation Committee Mid-year Program: The Heat is on: Hot Topics in the World of Insurance, Panelist, Phoenix, AZ, Feb. 20, 2016
- "Transfer of Insurance Rights Under Liability Policies as the Result of the Sale of Business," American Bar Association's 24th Annual Insurance Coverage Litigation Committee Mid-year Program: The Heat is on: Hot Topics in the World of Insurance, co-author, Feb. 20, 2016
- "Out With the Old - In With the New: Coverage For Corporate Successors," ABA-TIPS Insurance Coverage Litigation Program: Finding Balance in the Shifting Sands of Insurance Coverage, Panelist, Feb. 24-26, 2011
- The Wayne Law Review; Insurance Law, Wayne State University – Detroit, MI; Vol. 49. No. 2, Summer 2003
- Sixth Circuit (Kentucky Law) Requires Excess Insurer to Establish that Late Notice Caused Actual Prejudice