Tyrone R.Childress (Ty)

Practice Leader Insurance Recovery

(T) + 1.213.243.2422

Ty Childress is one of the country's leading insurance recovery lawyers and is chair of Jones Day's Insurance Recovery Practice. He serves as lead counsel for corporate policyholders in pursuing claims and litigation across the U.S. and has been involved in complex insurance coverage claims relating to a variety of matters, including major product liability claims, mass tort claims, and catastrophic property losses.

Ty also has extensive experience in complex business and tort litigation, with an active commercial litigation practice in areas including railroad, antitrust, product defect, real estate, environmental, toxic tort, contract, fraud, and indemnity disputes.

Prior to joining Jones Day in 2011, Ty was among the trial counsel who obtained one of the largest jury awards in California in the 1990s and has been involved in several landmark court decisions. He also has served as lead counsel in arbitration proceedings across the country and has secured numerous multimillion dollar arbitration awards on behalf of clients.

Ty is ranked among the top policyholder lawyers by a variety of publications including Legal 500 and Chambers USA, where clients describe him as "the best lawyer I have ever encountered" and comment that "when it comes to the crunch, you can rely on him to get results" and that he is "analytical and knowledgeable with great negotiation skills."

Among other organizations, Ty is a member of the National Association of Railroad Trial Counsel and the Association of Business Trial Lawyers. He is a frequent writer and speaker, and has chaired numerous industry conference panels, on insurance and litigation-related topics.

Experience

World Trade Center Properties pursues recovery from insurers
Jones Day represents World Trade Center Properties LLC, the primary leaseholder, of the World Trade Center as lead counsel in pursuing recovery from insurers of amounts obtained in subrogation claims relating to losses from the September 11, 2001 terrorist attacks.

Union Pacific Railroad defends against rail freight fuel surcharge antitrust class action
Jones Day is representing Union Pacific Railroad Company in multi-district antitrust litigation involving claims of an alleged conspiracy among the major U.S. freight railroads to fix fuel surcharges.

Dell resolves coverage claim for underlying patent litigation settlement
Jones Day represented Dell Inc. as lead counsel in a pending Texas state court action seeking coverage from Lloyd’s London for an underlying patent litigation settlement.

Sammons settles bad faith claims against Federal Insurance Company
Jones Day represented Sammons Financial Group as lead counsel in a Iowa federal bad faith coverage action seeking coverage for defense costs incurred in defending underlying annuity sales practice class actions.

Union Pacific Railroad successfully defeats toxic tort claims after derailment in California
Jones Day successfully defended Union Pacific Railroad Company against toxic tort claims involving over 180 plaintiffs relating to a derailment in Southern California.

Union Pacific Railroad defends against various conspiracy claims by Oxbow
Jones Day is defending Union Pacific Railroad Company in an action pending in DC District Court involving alleged conspiracy claims relating to coal and petroleum coke shipments.

The following represents experience prior to joining Jones Day.

Los Angeles County Metropolitan Transportation Authority, et al. v. Union Pacific Railroad Company. Obtained complete dismissal with prejudice of all claims against Union Pacific relating to a rescission and fraud action brought in federal court in Los Angeles by the Los Angeles County Metropolitan Transit Authority over the ownership rights to fiber-optic easements throughout the Los Angeles Basin, pursuant to a $450 million real estate transaction.

Southern Pacific Transportation Company v. Certain Underwriters at Lloyd's/London. Acted as lead counsel for Southern Pacific (now Union Pacific) in complex coverage litigation against more than two dozen insurers for environmental claims at 63 sites across the Western United States.

Cooper Tire & Rubber Co. v. Cigna Property & Casualty Co. Served as lead counsel in a successful representation of a major tire manufacturer in a breach of contract and bad faith claim regarding foreign coverage obligations relating to underlying alleged tire failure cases.

In re Wireless Phone Product Liability Litigation. Represented Verizon Wireless with respect to its insurance coverage and contractual indemnity rights arising from a multidistrict litigation proceeding involving underlying class actions alleging injuries from wireless phone use.

Nilsen v. Union Pacific Railroad Company, et al. Obtained one of the few rulings ever finding federal preemption of Proposition 65, resulting in complete dismissal of all Proposition 65, nuisance, trespass, and unfair business practice claims.

Union Pacific Railroad Company v. AISLIC (AIG). Successfully enforced Union Pacific's status as an additional insured and its right to a defense for underlying toxic tort actions.

Denver & Rio Grande Western Railroad Co. v. Pacific Insurance Co. Successfully represented a railroad in multimillion dollar arbitration regarding applicability of indemnity provisions in an industry detour agreement to train collision and derailment in Acoma, Nevada.

Southern California Gas Co. v. Certain Underwriters at Lloyd's/London. Successfully prosecuted a complex action against over a dozen insurers for coverage for environmental claims at more than 40 sites throughout California.

Bijan Designer for Men, Inc. v. First Specialty Insurance Co. Successfully represented a leading fashion designer in an action against an insurer and broker for coverage for theft losses relating to a London jewelry heist.

Cisco Systems, Inc. v. Lexington Insurance Company. Represented Cisco in arbitration relating to coverage for stock option claims against predecessor entity under employment practices liability policy.

Columbia Casualty Co. v. Unilab Corp. Resolved coverage dispute with D&O and general liability insurers relating to former executive's disability claim.

Container Components, Inc. v. Goldmark Plastics, Inc. Successfully defended national plastics reseller in fraud and warranty action relating to product quality representations.

Continental Casualty Co. v. Southern Pacific Transportation Company. Negotiated favorable multimillion dollar settlement and obtained key threshold rulings on behalf of railroad policyholder in complex coverage litigation for thousands of underlying hearing loss claims.

IPCM v. AIG (California). Within two weeks, convinced insurer to reverse coverage denial and provide full coverage for underlying employment discrimination claim.

Lockheed Martin Corp. v. Continental Ins. Co., et al. Obtained very substantial (amount is confidential) fee recovery in Cumis counsel fee arbitration relating to defense of multiple complex underlying toxic tort actions.

Northrop Corp. v. American Motorists Ins. Co. Member of trial team that obtained one of the largest verdicts in California in the 1990s relating to coverage for environmental claims at facility in Norwood, Massachusetts.

Pacific Rail Services, Inc. v. Southern Pacific Transportation Co. Won arbitration and awarded all damages sought relating to contractor's indemnity and additional insured obligations arising from Texas accident.

Sammons Financial Group v. Steadfast Insurance Company (New Mexico). Successfully resolved dispute relating to coverage for underlying class action lawsuit.

Santa Fe Pipelines, LLC v. Southern Pacific Transportation Company. Defended railroad in indemnity dispute arising from derailment and pipeline damage.

Sega Gaming Technology, Inc. v. Atlantic Mutual Ins. Co. Favorably settled coverage dispute relating to alleged gaming software defects and manufacturer indemnity obligations for electronic gaming machines located in Europe and South America.

Additional Publications

  • 2010Inside The Minds: Emerging Applications for ADR, chapter entitled, “The Use of Arbitration in Insurance Coverage Disputes: A Policyholder Perspective”
  • Winter 2009The Gathering Storm: Climate-Related Disclosure Creating Increased Risk For Corporate Policyholders, Risk
  • June 2007Minimize Coverage Disputes with Better Communication, The Risk Report, Vol. 29, no. 10
  • Winter 2005TRIA Troubles: The Uncertain Future of Terrorism Coverage, Risk
  • October 11, 2004ISO Endorsements May Spur Coverage Disputes, Business Insurance
  • 2004New ISO-CGL Changes Raise Concerns for Additional Insureds and Indemnitors, The Risk Management Newsletter
  • Summer 2002Is the Lloyd’s London Bridge Falling Down?, Risk
  • Fall 2001Protecting All the King’s Men: The Legal Chess of Transferring Contractual Risks, Risk

Speaking Engagements

  • April 2014How to Pursue and Win the Complex Claim: A Guide for Corporate Policyholders
  • April 2012How to Pursue and Win the Complex Claim, Annual Risk & Insurance Management Society Conference
  • May 2011A Practical Guide to Understanding Indemnity and Additional Insured Issues, Annual Risk & Insurance Management Society Conference
  • 2009Who Owes Whom What? Indemnity and Additional Insured Issues, Annual Risk & Insurance Management Society Conference
  • June 2008The Additional Headaches of Additional Insureds: Understanding Certificates, Indemnity Provisions, and Additional Insured Rights
  • 2008A Survival Guide For Navigating Additional Insured and Indemnity Rights, Annual Risk & Insurance Management Society Conference
  • February 2007Mealey's Fundamentals of Insurance Conference, cochair
  • 2007Additional Insureds, Indemnitors and Insurers: Who Owes Whom What?, Annual Risk & Insurance Management Society Conference
  • November 2006The Threat of Avian Flu: Insurance/Reinsurance Implications, Mealey's National Teleconference
  • 2006Contractual Risk Transfer: Who's on First?, Annual Risk & Insurance Management Society Conference
  • November 2005Real World Application of Additional Insured Claims, Mealey’s National Teleconference,
  • 2005Overview of Additional Insured Issues, Co-Chair, Mealey’s Additional Insured Conference
  • 2004Special Considerations for Insureds and Additional Insureds, Mealey’s Additional Insured Conference
  • 2004The Hidden Gold Mine: Maximizing Additional Insured Rights, 42nd Annual Risk & Insurance Management Society Conference
  • 2003Alternative Dispute Resolution: Avoiding Pitfalls for the Unwary, 41st Annual Risk & Insurance Management Society Conference
  • 2003Potential Insurance Coverage for Employment Practices Liability Claims, Mealey's Employment Practices Liabilities: Claims and Coverage Conference
  • 2002Getting the Cheese: Solving the Indemnity/Additional Insured Maze, 40th Annual Risk & Insurance Management Society Conference
  • 2001Getting Your Money: Enforcing Indemnity and Additional Insured Rights, 39th Annual Risk & Insurance Management Society Conference
  • 2001Is Your Insurer/Indemnitor in Denial? Try Some Legal Therapy, National Association of Railroad Trial Counsel Pacific Meeting
  • 1999Strategic Approaches to Alternative Dispute Resolution, 37th Annual Risk & Insurance Management Society Conference
We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.