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David I. Rubin

Senior Attorney

  • Licensed Since: 2000
  • Joined Firm: 2014
300 N. Meridian
Suite 990
Indianapolis, IN 46204
TEL: (317) 964-2734
FAX: (317) 964-2744
Areas of Practice
Honors & Awards
  • Indiana Law Journal, 1998-2000
  • Indiana Super Lawyer Rising Star in Insurance Coverage; Indiana Super Lawyers, a Thomson Reuters publication, 2010 - 2015
Education
  • Indiana University Law School, J.D., cum laude, 2000
  • Indiana University, B.S. with High Distinction, 1997
Bar & Court Admissions
  • Indiana, 2000
  • U.S. District Court, Southern District of Indiana, 2000
  • U.S. District Court, Northern District of Indiana, 2000
  • U.S. Tax Court, 2001
  • U.S. Seventh Circuit Court of Appeals, 2006

David I. Rubin is a senior attorney in Plunkett Cooney’s Indianapolis office who practices in the areas of insurance coverage, appellate law, automotive retail law, commercial litigation, corporate formation and governance, and tax controversies.  

Mr. Rubin’s experience in insurance coverage litigation includes a variety of claims such as declaratory judgment/bad faith litigation, construction defects, commercial general liability, errors and omissions liability, reinsurance, priority of coverage, policy rescission and reformation, and other issues pertaining to the interpretation and enforcement of insurance policies.

Mr. Rubin has served as primary or amicus curiae counsel in over 60 appeals in Indiana and other jurisdictions on issues including insurance coverage, automotive retail, tax, tort and business law.

Mr. Rubin has represented automobile dealers in litigation in state and federal courts, as well as mediations and arbitrations, involving consumers, manufacturers, finance companies, and vendors. He also provides representation and guidance to automobile dealers and has spoken at workshops on issues including regulatory compliance, tax, insurance, vendor/supplier agreements, manufacturer/franchise relations, and corporate management.

Mr. Rubin is a past Chair of the Indiana State Bar Association’s Taxation Section, and he has represented individual and corporate taxpayers in administrative proceedings before the Internal Revenue Service and the Indiana Department of Revenue. He has also represented clients in tax litigation before the Indiana Tax Court, the United States Tax Court, and the United States Court of Appeals for the Seventh Circuit.

In addition, Mr. Rubin represents closely-held businesses and advises business owners on issues of corporate formation and entity selection, corporate recordkeeping and filing requirements, and general business issues, including negotiation and preparation of vendor/contractor agreements.

Representative Published Cases/Notable Cases

  • Minnesota Lawyers Mut. Ins. Co. v. Conour, 2014 WL 5089290 (S.D. Ind. Oct. 8, 2014) (summary judgment for the insurer rescinding professional liability policies due to material misrepresentations and omissions in the policy applications by a lawyer and his law firm regarding a multi-year embezzlement scheme)
  • Thomson Inc. v. Ins. Co. of N. Am., 11 N.E.3d 982 (Ind. Ct. App. 2014), trans. pend’g (recognizing the pro rata allocation method, rather than “all sums” allocation method, for long tail claims for a former factory workers’ bodily injury/wrongful death class action against a company in Taiwan)
  • Thomson Inc. v. Cont’l Cas. Co.,976 N.E.2d 763 (Ind. Ct. App. 2012), trans. denied (affirming trial court’s summary judgment order giving deference to California court’s judicial determination of no coverage for environmental claims as to contamination sites in California and the United Kingdom on grounds of comity)
  • DBL Axel, LLC v. LaSalle Bank Nat’l Ass’n, 946 N.E.2d 1173 (Ind. Ct. App. 2011), rev’g 936 N.E.2d 326 (Ind. Ct. App. 2010) (granting rehearing as replacement appellate counsel and reversing the trial court’s order requiring immediate turnover of approximately $1.4 million in a commercial real estate dispute)
  • Quanta Indem. Co. v. Davis Homes, LLC, 606 F. Supp. 2d 941 (S.D. Ind. 2009) (summary judgment in a case of first impression that the “deemer” clause in a commercial general liability policy trumped the multiple trigger of coverage theory adopted by prior Indiana case law, finding no coverage was owed by a subsequent insurer for a  wrongful death/suicide claim where the initial occurrence/injury and notice to the prior insurer arose during the prior insurer’s policy period)
  • The Winterton, LLC v. Winterton Investors, LLC, 900 N.E.2d 754 (Ind. Ct. App. 2009), trans. denied (vacating a $774,000 damages verdict for the plaintiff and entering summary judgment for the defendant in a breach of contract/specific performance action over the sale of a multi-tenant office park)
  • Liberty Mut. Ins. Co. v. Michigan Mut. Ins. Co., 891 N.E.2d 99 (Ind. Ct. App. 2008) (affirming summary judgment in favor of a commercial tenant’s insurer that no coverage was owed to a landlord under additional insured endorsement in the tenant’s commercial general liability policy for an employee’s slip-and-fall claim)
  • Sharp v. Tom Wood East, Inc., 822 N.E.2d 173 (Ind. Ct. App. 2004) (affirming summary judgment that a used vehicle was merchantable under Indiana’s Uniform Commercial Code)
  • Amerisure, Inc. v. Wurster Constr. Co., Inc., 818 N.E.2d 998 (Ind. Ct. App. 2004) (holding no coverage for a construction defects claim under a commercial general liability policy; written commendation in opinion for “outstanding quality” of appellate briefs)
  • AutoXchange.com, Inc. v. Dreyer & Reinbold, Inc., 816 N.E.2d 40 (Ind. Ct. App. 2004) (affirming summary judgment for an auto dealer on claims of wrongful diversion and misappropriation of corporate funds, fraud, intentional and malicious interference with a business relationship, intentional infliction of emotional distress, and unfair business practices)
  • Dreyer & Reinbold, Inc. v. Leib, 811 N.E.2d 858 (finding that the proper venue for a consumer small claims action under Indiana Small Claims Rules was the county where the vehicle was delivered or where the dealer was located, rather than the consumer’s county of residence)
  • Meridian Mut. Ins. Co. v. Purkey, 769 N.E.2d 1179 (Ind. Ct. App. 2002) (holding no coverage for a claim under a commercial general liability policy arising from an explosion and fire with resulting damages to a city block in Cicero, Indiana; written commendation in opinion for “superb oral and written advocacy”)

Professional Affiliations

  • Indiana State Bar Association (Taxation Section - Council, 2000 - 2007; Secretary/Treasurer, 2007 - 2008; Vice Chair, 2008 - 2009; Chair Elect 2009 -2010; Chair, 2010 - 2011; Immediate Past Chair, 2011 - 2013)
  • Indianapolis Bar Association
  • American Bar Association
  • National Association of Dealer Counsel

Community Involvement

  • Indian Lake Country Club (Board of Directors, 2006 - 2007; Club Parliamentarian, 2008 - present)

Publications

  • The Reference Handbook on the Comprehensive General Liability Policy: Business Risks Exclusions, chapter co-author, American Bar Association Tort, Trial & Insurance Practice Section (TIPS) Insurance Coverage Litigation Committee (ICLC), 2010
  • Prepared case summaries for CGL Reporter (2007 - 2013)

Articles and Lectures

  • “Practical Tax Law You Really Need to Know,” Panelist/Presenter, Indiana Continuing Legal Education Forum, December 2010
  • “Indiana Divorce Settlements: Practical Drafting & Tax Issues,” Panelist/Presenter, Indiana State Bar Association, August 2008
  • “The Battle Before the Battle: Venue and Choice of Law Disputes in Insurance Coverage Litigation,” co-author, ABA TIPS, 15th Annual ICLC Midyear Program, Tucson, AZ, February 2007
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