Mark J.Andreini

Partner

(T) 1.216.586.7101

Mark Andreini represents corporate policyholders facing consequential disputes with their insurers, with a particular focus on disputes arising out of corporate acquisitions and restructurings. For the last 20 years, a significant amount of his experience has been litigating coverage disputes arising out of environmental, asbestos, and other toxic tort liabilities under general liability policies.

Beyond toxic tort cases, Mark has successfully litigated coverage disputes arising under directors and officers liability policies, commercial crime policies, fidelity (ERISA) policies, buyers side representations and warranties policies, employment practices liability policies, and bankers liability policies, to name a few examples. He also has arbitrated numerous coverage disputes, including disputes subject to Bermuda and English arbitration statutes. Mark's practice is truly international and has included pursuing coverage under various nation's laws. He has obtained substantial insurance recoveries for a variety of clients, including Access Industries, Bridgestone/Firestone, Chart Industries, Cooper Tire & Rubber Company, DPL Inc., Goodyear, Materion, Peabody Energy, and Southern Company. Mark also advises public and private companies on the placement of transaction insurance, including representations and warranties coverage. He recently represented the Host Committee for the 2016 Republican Convention on procuring the insurance coverages needed for hosting the Convention in Cleveland.

Mark is currently chair of the Insurance Section of the Cleveland Metropolitan Bar Association. He also is on the board of trustees for CityMusic Cleveland and Broadway School of Music, both of which promote musical education and outreach to underserved communities in Northeast Ohio.

Experience

Blue Point Capital Partners recapitalizes TAS Environmental Services
Jones Day represented Blue Point Capital Partners in connection with the recapitalization and related financing of TAS Environmental Services, a leading regional environmental services company.

PolyOne acquires Fiber-Line for $120 million
Jones Day advised PolyOne Corporation, a premier global provider of specialized polymer materials, services, and solutions, in its $120 million acquisition of Fiber-Line, a global leader in customized engineered fibers and composite materials.

PPC Flexible Packaging acquires Temkin International
Jones Day represented Morgan Stanley Capital Partners and its portfolio company, PPC Flexible Packaging, LLC (“PPC”), in PPC’s acquisition and related financing of Temkin International, LLC and the assets of Temkin Packaging Colombia S.A.S. (together, “Temkin”).

Riverside sells stake in Team Technologies to Clearlake Capital Group
Jones Day represented The Riverside Company in connection with the its sale of stake in Team Technologies Inc., a leading custom design and manufacturing partner to many of the world’s leading brands in the dental, cosmetic, and medical industries, to Clearlake Capital Group, L.P.

Goode Partners invests in Marolina Outdoor
Jones Day represented Goode Partners LLC in connection with its investment in Charleston, South Carolina-based Marolina Outdoor Inc., a manufacturer of performance apparel for fishing and hunting enthusiasts.

Riverside invests in HMI Cardinal
Jones Day represented The Riverside Company in connection with its investment in and related financing of HMI Cardinal, a manufacturer and distributor of glass and metal products and associated hardware for shower enclosures, storefronts, and other applications.

Cleveland HeartLab acquired by Quest Diagnostics
Jones Day advised Cleveland HeartLab, a leader in innovative diagnostic services for managing cardiovascular disease, in its acquisition by Quest Diagnostics.

Ferro acquires Endeka Ceramics
Jones Day represented Ferro Corporation, a leading global supplier of technology-based performance materials, in connection with its acquisition of Endeka Group, a global producer of high-value coatings and key raw materials for the ceramic tile market.

Chart Industries acquires Hudson Products for $410 million
Jones Day advised Chart Industries, Inc. in its $410 million acquisition of Hudson Products Corporation.

MinuteKEY obtains summary judgment in dispute over insurer's duty to defend product disparagement claims
Jones Day obtained a ruling on summary judgment that a Travelers subsidiary, Charter Oak, breached its duty to defend MinuteKEY, Inc. against allegations the self-service key duplication company falsely accused a competitor, Hillman Group, of patent infringement, and that Charter Oak failed to establish that an exclusion for intellectual property claims barred coverage.

Peabody Energy exits chapter 11 in less than a year
Facing unprecedented industry conditions in late 2015 and early 2016, Peabody Energy Corporation, the world's largest private-sector coal company, and 153 of its direct and indirect subsidiaries filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Missouri on April 13, 2016.

Morgan Stanley Capital Partners acquires majority interest in Fisher Container
Jones Day advised Morgan Stanley Capital Partners (MSCP) in connection with the acquisition of a majority interest in Fisher Container Holdings, LLC and Fisher Container, LLC, a leading manufacturer of innovative and technical flexible packaging products, by an affiliate of MSCP and experienced plastics and packaging executive, Kevin Keneally.

Large privately-held industrial group negotiates resolution of disputes regarding coverage for claims by bankruptcy trustee arising from merger, and costs incurred to defend governmental investigations
Jones Day advises a large privately-held industrial group on negotiation resolution of disputes regarding coverage for claims by bankruptcy trustee arising from merger, and costs incurred to defend governmental investigations.

Harris Corporation sells Broadcast Communications to Gores Group for $225 million
Jones Day advised Harris Corporation, an international communications and information technology company, in connection with the sale of its global Broadcast Communications Division to The Gores Group for $225 million consisting of $160 million in cash, a $15 million subordinated promissory note, and up to $50 million in an earnout.

Timken acquires Philadelphia Gear for $200 million
Jones Day advised The Timken Company in its $200 million acquisition of Philadelphia Gear Corp., a leading provider of high-performance gear drives and components with a strong focus on value-added aftermarket capabilities in the industrial and military marine sectors.

Bridgestone prevails in major environmental coverage litigation recovering in excess of $100 million
Jones Day represented the policyholder, Bridgestone, in an environmental coverage litigation over past and future clean-up costs at both owned industrial and third-party waste disposal sites located around the country.

Sherwin-Williams pursues declaratory judgment action for insurance coverage of public nuisance litigation against lead pigment manufacturers
On behalf of The Sherwin-Williams Company, Jones Day prosecuted an action for declaratory judgment and other relief regarding insurance coverage arising from public nuisance claims involving the manufacturer of lead pigment.

Brush Wellman succeeds in coverage litigation against its insurers
Jones Day, on behalf of client Brush Wellman, sued its London Market Insurers for breach of contract and bad faith over their denial of coverage for product liability and environmental claims arising from work-place and residential exposure to beryllium.

Bridgestone/Firestone successfully recovered in confidential arbitration $10 million in policy limits for claim arising under blanket crime policy
Jones Day handled an insurance coverage recovery case for Bridgestone/Firestone North American Tire, LLC, based upon losses that Bridgestone/Firestone sustained when the processor of Bridgestone/Firestone's freight bills went bankrupt.

Roadway Express prevails in confidential arbitration against its insurer and third-party administrator of liability and workers' compensation claims
Jones Day successfully arbitrated claim against its insurer and third-party administrator to recover damages incurred by the policyholder arising out the insurer’s failure to adequately administer policyholder’s liability and workers compensation program.

Additional Publications

  • August 2012Evaluating Coverage Based on Policy Language, Not Labels: The Sixth Circuit Gets It Right In First Defiance Financial Corporation v. Progressive Casualty Insurance, Insurance Policyholder Advocate
  • April 2010BPA, Phthalates and the Law, Reprinted in The Metropolitan Corporate Counsel, Volume 18, No. 4
  • March 2010BPA, Phthalates, and the Law
  • Spring 2009Successful Bad Faith Claims Against Troubled Liability Insurers: Avoiding Expensive Failure, Practice Perspectives: Insurance Liability & Recovery
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