Jim Bauer focuses his practice on representing clients in a variety of industries—both well before any dispute arises and through the conclusion of litigation—in matters involving first-party property insurance coverage, energy industry disputes, aviation disputes and third-party liability insurance.
He has advised domestic and international insurer clients on their liability for high-profile, catastrophic commercial property losses arising out Hurricanes Sandy, Harvey and Maria, often with his clients facing liabilities well in excess of USD 100 million. Some of these losses have resulted in litigation in which Jim has spearheaded successful litigation strategies, authored winning motions, obtained key concessions from opposing experts in depositions, and argued high-stakes dispositive motions in court.
His litigation defense focus also spans the aviation and energy industries. Recently, in the energy sector, he successfully defended an inspection-services contractor supporting the construction of a natural-gas processing plant and also successfully defended an aeronautics R&D firm against claims arising from wind testing solar panels. Both of these representative matters began with clients facing potential liabilities in excess of USD 15 million and ended in favorable settlements.
Jim understands that, very often, a good result for his clients is one that sees them resolve disputes with their business partners short of litigation. In helping his clients achieve this, Jim has provided advice in connection with his clients' complex-loss investigations. And in the process, he has become adept in working with experts in forensics, oceanography, meteorology, hydrology and engineering.
He also regularly counsels on third-party liability losses, especially involving professional liability, technology and media, cyber, pollution liability and general liability risks. In addition, Jim has successfully pursued subrogation claims.
J.D., Wake Forest University, 2011. Editor-in-chief of the Wake Forest Journal of Law & Policy. Symposium-issue editor of the Harvard Journal of Law & Public Policy.
B.A., magna cum laude, Journalism and Political Science, Syracuse University, 2008
Obtained summary judgment for an umbrella insurer in a USD 5 million declaratory judgment action. The client successfully argued that its policy was never triggered where, in the case of the catastrophic bodily-injury claim at issue, one policy of several listed in the umbrella insurer's schedule of underlying insurance provided unlimited coverage. The favorable ruling was affirmed on appeal.
Successfully defended an aerospace research firm providing wind-tunnel services against contract and tort claims arising out of the client's solar-panel analyses.
Obtained summary judgment on behalf of an insurer client, providing pollution-liability coverage, in a suit alleging that the provision in the client's policy requiring the insured to seek consent for environmental clean-ups was void as against public policy. The Southern District of New York upheld the client's coverage position.