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Elaine M. Pohl

Partner

  • Licensed Since: 1999
  • Joined Firm: 2009
  • Partner Since: 2011
38505 Woodward Ave.
Suite 100
Bloomfield Hills, MI 48304
TEL: (248) 594-6356
FAX: (248) 901-4040
Areas of Practice
Honors & Awards
  • Michigan Super Lawyer Rising Star in Insurance Coverage; Michigan Super Lawyers, a Thomson Reuters publication, 2008, 2011 - 2014
  • Indiana Merit Scholar Award
  • Federal Communications Law Journal, Managing Editor (1998-1999)
  • Villanova Scholar Academic Scholarship
  • Phi Kappa Phi Honor Society
Education
  • Indiana University School of Law, Bloomington, Indiana, cum laude, J.D, 1999
  • Villanova University, Villanova, PA, magna cum laude, B.A., 1996
Bar & Court Admissions
  • Michigan, 1999
  • U.S. District Court, Eastern District of Michigan, 1999
  • U.S. District Court, Western District of Michigan, 2002
  • U.S. Court of Appeals, Sixth Circuit, 2008
  • U.S. District Court, Northern District of Indiana, 2013
Practice-Specific Experience

Elaine M. Pohl serves as a Co-Leader of Plunkett Cooney’s Insurance Law Practice Group, which includes nearly 30 attorneys practicing in the specialized area of insurance coverage and related litigation in state and federal court.

Ms. Pohl is a partner in the firm’s Bloomfield Hills office where she maintains a national practice counseling insurers in complex property and casualty disputes, including litigated and non-litigated matters.

Ms. Pohl's insurance coverage experience extends to claims involving professional liability, construction defects, bodily injuries, environmental contamination, and personal and advertising injury issues.

Representative Client Work

  • Represented professional liability insurer in an insurance coverage dispute with its medical provider insureds for claims pending against them relating to the well-publicized national fungal meningitis outbreak
  • Represented professional liability insurer in an insurance coverage dispute pertaining to multiple insureds involved with a physician and clinic that provided unnecessary chemotherapy and other cancer treatments to at least 550 patients
  • Obtained summary judgment for an insurer against a claim that the plaintiff was an additional insured pursuant to a certificate of insurance
  • Obtained summary judgment for a professional liability insurer, which was later affirmed on appeal, on a claim for claims-made coverage for a legal malpractice claim where the insured knew of facts and circumstances that should have alerted her that such a claim could be asserted, but failed to notify the insurer during the policy period
  • Obtained summary judgment in response to a claim for additional insured coverage for underlying bodily injury claims resulting from a construction-related workplace accident
  • Obtained summary disposition, later affirmed on appeal, for workers’ compensation carrier relating to insurance coverage for several hundred underlying workers’ compensation claims, confirming that the claims were self-insured by the employer, and not insured by the carrier
  • Represented an insurance company in a coverage dispute with an Ohio tire manufacturer involving thousands of underlying tire defect claims
  • Represented an insurance company in a coverage dispute with a purported additional insured regarding an underlying product liability claim involving alleged damages in excess of $50 million
  • Represented an insurance company in a coverage dispute with its insured involving underlying class action claims for violation of the Telephone Consumer Protections Act (TCPA)
  • Represented an insurance company client during settlement negotiations for multiple underlying actions involving claims of defective automatic transmission fluid against the insured distributor
  • Obtained summary judgment on behalf of insurance carrier for rescission of insurance policy due to the insureds' misrepresentations
  • Obtained summary judgment on behalf of insurance carrier for claim involving allegations of disparagement
  • Defended insurance carrier in litigation and settlement negotiations involving hundreds of underlying environmental contamination claims

Professional Affiliations

  • Oakland County Bar Association
  • State Bar of Michigan (Insurance and Indemnity Law Section, Immediate Past Chair, 2014-2016; Chair, 2012-2014; Chair Elect, 2010-2012; Secretary, 2009-2010; Treasurer, 2007-2009)
  • DRI - The Voice of the Defense Bar (Insurance Law Committee; Compendia, Chair; Covered Events, former editor)
  • Michigan Licensed Beverage Association

Publications and Seminars

  • “The Duty to Defend: Trends and Diversions,” DRI Insurance Coverage and Claims Institute 2017, Chicago, April 2017
  • DRI's Duty to Defend Compendium, Co-editor-in-chief, 2016
  • “Navigating Thorny Issues with Consent Judgments and Settlement of Coverage Claims,” DRI Webinar, Lecturer, July 2016
  • New Appleman on Insurance, Chapter 158, Declaratory Judgment Actions, Co-author, 2016
  • Implied Disparagement, DRI Coverage B: Personal and Advertising Injury Compendium, Chapter 6, Co-Author, May 2014
  • ”Ethics, Privileges & Confidentiality for Coverage Counsel,” DRI Insurance Coverage and Practice Symposium, Sole Presenter, New York  City, December 2013
  • State Bar of Michigan’s Annual Meeting - Insurance and Indemnity Law Section, "Insurance Coverage Conflicts and the Role of Independent Counsel," Program Moderator, Thursday, Sept. 20, 2012
  • State Bar of Michigan’s Annual Meeting - Insurance and Indemnity Law Section, "Is There Bad Faith in Michigan?," Program Moderator, Thursday, Sept. 15, 2011
  • "Whose Choice Is It Anyway? The Right to Select Independent Defense Counsel," Michigan Lawyers Weekly, July 18, 2011

  • "Truth or Consequences: Are Consequential Damages Covered by a Liability Insurance Policy under Michigan Law?," The Journal of Insurance and Indemnity Law, Volume 3 Number 2, April 2010

Community Involvement

  • Villanova University Alumni Association, Michigan Chapter (Past President)

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