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Nolan C. Burkhouse Director

Contact

Office: 802.658.2311

Direct: 802.860.4107

Nolan Burkhouse, Esq. is PF+C’s Senior Vice President and the practice leader for the firm’s Insurance Services team.   He provides insurance coverage litigation and advisory services in a variety of liability, first party coverage, and bad faith matters to traditional and alternative risk insurers and reinsurers located in London, Bermuda, and domestically.  His services routinely focus on energy/environment, higher education, accident & disability, brokerage/actuarial E&O, managed care E&O and D&O (including anti-trust), medical malpractice, and traditional liability and property products. Nolan also acts as monitoring counsel in these areas.

When not serving in an advisory or litigation role, Nolan audits claim handling best practices and reserve adequacy of third party administrators (TPAs), insurers, and underwriting agents for a variety of insurance and reinsurance clients in the London and Bermuda markets.

Throughout his career, Nolan has collaborated with attorneys throughout the U.S. to assist his clients in reaching pragmatic results in single claims, mass torts, multi-district litigation, and with respect to specialty books of business.  He has also been appointed to evaluate changes in the insurance industry, develop comprehensive claims handling practices, participate in delicate internal investigations, and train a nationwide adjusting force on specific claim trends.

Outside of the insurance industry, Nolan practices in the areas of Commercial Litigation and First Amendment Law, having represented clients in matters involving defaults on debt debentures tied to a gold mine, misappropriation of IP/trade secrets, product liability, employment contract disputes, partnership and shareholder actions and general contract disputes.  In his First Amendment practice, he has represented media organizations in seeking to set aside statutes and other governmental actions directed at curtailing free speech rights over access to public information.

Nolan received his B.A. in Political Science from Miami University and his J.D. from Vermont Law School. He spent eight years serving as an adjunct professor teaching insurance law and environmental insurance at Vermont Law School.

Prior to joining PF+C in 2006, Nolan was a partner in a boutique Insurance Law and Commercial Litigation firm representing clients throughout the country.

Professional + Community

American Bar Association

Chittenden County Bar Association

First Amendment Lawyers Association

New Hampshire Bar Association

New York Bar Association

Vermont Bar Association

Vermont Law School, Adjunct Professor, Insurance Law & Environmental Insurance, 2005 – 2012

Honors

Benchmark Litigation, Future Star 2011 – present

Best Lawyers in America®, 2018-2020

Martindale-Hubbell AV Preeminent® Rating

New England Super Lawyers, 2013-2015

Super Lawyers, Corporate Counsel and Business Edition, 2014

Hobbies + Interests

Guitar, Whitewater Kayaking, Snowboarding, Telemark Skiing, Ultimate Frisbee, Mountain Biking, Swimming

Representative Matters

Island Surgical Supply, individually, and on behalf of all others similarly situated v. Allstate Ins. Co., et al., Docket No 2005-04833 (2d Dep’t. 2006) Achieved dismissal of class action complaint against New York No-Fault insurers and subsequent affirmance of lower court ruling. Lead counsel on behalf of six carriers.

Uniondale Realty Associates v. The Hartford Insurance Company, et al., Index No. 585/06 (Sup. Ct., Nassau Co. 2006) Achieved summary judgment on behalf of environmental insurer in dispute arising out of failure of sanitary waste lines at shopping center.

In re ATG, Inc., Chapter 11 Case No. 01-46389 (U.S. Bankruptcy Court, N.D. Ca) Successfully negotiated assignment of financial assurance resulting in the avoidance of forfeiture of over $13 million in the context of an adversary proceeding on behalf of financial assurance carrier against nuclear waste processing facilities in Tennessee, Washington and South Carolina.

Greenwich Ins. Co. v. SLC Holdings, LLC, Docket No. 06 Civ. 745 (S.D.N.Y.) Environmental coverage dispute arising out of construction of major league baseball stadium.

American Bookseller’s Foundation for Free Expression et al, v. Dean, et al, 202 F. Supp. 2d 300 (D. Vt. 2002), affirmed in part, modified in part by 342 F. 3d 96 (2nd Cir. 2003) Successfully struck state law regulating content of speech on internet under First Amendment and Commerce Clause.

Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, 2007 WL 922255 (D. VT. March 23, 2007) Successfully opposed auto industry efforts to close portions of trial to public access.

Jacobina Mineracao e Comercio LTDA et al., v. Brazilian Resources, C. 98-687B (D.N.H.) Represented Canadian Exchange gold mining company in action against former partner for default on debt debentures issued for purchase of Brazilian gold mine and subsequent cross-claims challenging the feasibility studies central to the purchase and sale of mine.

Indian Harbor Ins. Co. v. Factory Mutual Ins. Co. and the George Washington University, Docket No. 02-CV-9342 (S.D.N.Y.) Action for allocation among property insurer and environmental insurer for mold damage to commercial property.

Direct Mail Production Services, Ltd. v. MBNA Corp. et al., Docket No. 99 Civ. 10550 (S.D.N.Y.) Participated in successfully quashing subpoena in copyright infringement, misappropriation of trade secrets, and intentional interference with contract claims pending in the United Kingdom.