Mark J. Feinberg

Mark is a trial lawyer who has counseled clients and tried lawsuits involving insurance coverage, property insurance subrogation, construction and complex commercial litigation for over 30 years. He has a national practice with significant experience in state and federal courts throughout the country having handled cases in over forty jurisdictions as diverse as Minnesota, Texas, California, Illinois, Nevada, Massachusetts, New York, Alabama and Louisiana. His insurance coverage experience has involved all manner of both liability and property coverage and measurement disputes including complex accounting and lost profits issues. In the subrogation area he has made numerous multi-million dollar recoveries in cases involving fires, explosions, collapses and similar catastrophic losses.  Mark is also a Qualified Arbitration Neutral under Rule 114 of the Minnesota Rules of Practice.

Representative Matters

SR International Business Insurance v World Trade Center Properties (World Trade Center litigation/appraisal; co-lead counsel for appraisal of $7 Billion claim).

Minnesota School Boards Insurance Trust v Employers Insurance of Wausau  (successful defense verdict in 4 week jury trial of $ 14 million reinsurance/coverage dispute) 

Conagra, Inc v Arkwright Mutual Insurance Co. ($35 million property insurance coverage dispute).

Seeno Construction v Twin Cities Insurance and Employers Insurance of Wausau (successful defense verdict in 6 week jury trial of $ 65 million claim for coverage, bad faith and punitive damages under a CGL policy)

In re Commodore Hotel Fire and Explosion (successful defense of multi-million dollar property damage/personal injury case tried to the Court in a 3 month trial)  

Subaru of New England v General Ship Corporation et al (recovery in $9 million subrogation claim for automobiles damaged by stack emissions)  

General Mills v Zurich Ins Co (recovery in multi-million dollar appraisal of extended period of indemnity business interruption claim)  

Factory Mutual Ins Co v Yamanouchi, Inc (multi-million dollar property insurance coverage and bad faith dispute involving perishables stored in a cold storage warehouse)

MGM Grand Hotel, Las Vegas (insurance litigation over multi-million dollar fire loss)

Articles & Presentations

"Recent Developments in Case Law and Underwriting Involving Mold Claims" presented at the 2003 PLRB Claims Conference

"Contingent Business Interruption, Civil Authority, Ingress/Egress and Other Time Element Claims Arising Out of  September 11, 2001" presented at the 2004 FDCC/PLRB Program for Senior Property Insurance Claim Handlers/Lawyers

"Mold Claims: A Growing Concern" presented at the 2002 Loss Executives Association Meeting

"Proof of Damages in Fire Cases", Minnesota Institute of Legal Education Seminar, 1999

"The 'Ordinance and Law' Exclusion and the 'Latent Defect' Exclusion , Federation of Insurance and Corporate Counsel Mid-Winter Meeting, 1998

"Property Insurance and Flood Claims", Minnesota State Bar Association, 1997

"A Practical Review of Bad Faith and Other Excess Claims Against Insurers and Recent Subrogation Developments", Professional Education Systems, Author, 1982

"Mental Depression is Not Sickness or Disease Under Terms of Comprehensive General Liability Policy", Vol. 1, Coverage, Casenote, Author

Professional Affiliations

• Minnesota Defense Lawyers Association
• Defense Research Institute
• Federation of Defense and Corporate Counsel, Property Insurance Committee (past Chairman), Insurance Coverage Committee
• American Bar Association, Property Insurance Committee
• Minnesota State Bar Association
• Hennepin County Bar Association

Noteworthy

Mark is AV rated by Martindale-Hubbell and is the former Managing Partner of the Minneapolis office of the firm.