Tom Bracken

Tom Bracken brings nearly three decades of insurance and reinsurance experience to his work for his clients. Tom advises insurers on claims-related matters across all lines of insurance, including personal and commercial lines, and oversees and handles litigation on behalf of carriers in state and federal jurisdictions across the country.

A courtroom-tested advocate in both trials and appeals, Tom litigates complex insurance cases involving coverage disputes, including bad faith actions, investigations of fraud, declaratory judgment actions, general liability and automobile claims. He also defends high-value lawsuits involving professional liability; commercial, catastrophic personal injury and property losses; general liability; products liability; and labor law. Tom assists clients with all aspects of a loss, from claims evaluation and investigation through litigation, mediation, settlement negotiation and, where warranted, trial and appeal. His extensive claims, coverage and litigation experience also enables him to consult on the drafting of policies and forms for insurers.

Tom believes his successes on behalf of clients are as much the result of his commitment to understanding each client’s goals and business objectives and his conviction that an effective defense in any case requires a collaborative lawyer-client working relationship, as they are due to his mastery of the law over the course of his 30 years of practice.

Select Representations

• Won an appeal affirming summary judgment on behalf of an insurer dismissing the bad faith complaint of a policyholder by successfully arguing the application of an exclusion in a homeowners policy that the exclusion was unambiguous and the carrier’s actions were proper.

• Obtained summary judgment dismissing a policyholder’s breach of contract and bad faith claims by demonstrating that the insurer acted in a timely manner in its investigation of the claim and that the carrier properly applied the exclusion.

• Successfully represented a London syndicate in a large multimillion-dollar settlement against an errors and omissions carrier that sought to exclude coverage of an international award against a managing general agent.

• Secured summary judgment dismissing a coverage action against a carrier for significant lead paint exposure.

Professional Activities

• North American Contingency Association (former board member)