Matt Jacobs has successfully litigated complex, multiparty insurance coverage matters in numerous state and federal courts, as well as through arbitrations and mediations. He secured a groundbreaking victory in a significant pollution exclusion ruling relating to Chinese drywall; obtained a ruling of first impression under Virginia law from a federal district court regarding the issue of exhaustion of underlying insurance limits; obtained multiple millions of dollars on behalf of clients who have been sued in large securities class actions; and served as a mediator in complex insurance disputes.
While Matt has advised corporate boards regarding insurance recovery strategies to address company-threatening exposures, he also has worked closely with risk managers in the placement and renewal of various types of insurance coverage, including cyber insurance, directors and officers policies, and property insurance. Most recently, Matt has worked with clients in securing reps and warranty coverage in connection with multiple cross-border M&A transactions. Matt is described in the 2021 edition of Chambers USA as "extremely intelligent and hard-working" and "his knowledge of insurance law makes him stand out."
Matt is author or coauthor of more than 75 papers and articles on insurance coverage topics. He is a member of the editorial advisory board of the Environmental Claims Journal and was recognized as "Author of the Year — Insurance USA" by the Lexology Legal Writing Awards. He has spoken at more than 100 insurance coverage conferences during his career and has chaired a dozen such conferences. He has been quoted extensively on developments in insurance law in national publications, television, and radio.
Experience
Additional Publications
Publications Prior to Jones Day
November 2019
Coauthor, 3 Key Insurance Takeaways from Old Republic v. Kenny, Insurance Law Update, November 9, 2017
July 2017
NY's Limiting Requirements to Policy Wording Are Unjust, Insurance Law Update, July 6, 2017
July 2017
Private vs. Public D&O Coverage in M&A, Willis Towers Watson D&O Observer, July 5, 2017
May 2017
The Relevance of Underwriting Files in Insurance Disputes, Insurance Law Update, May 2017
September 2016
An "Occurrence" By Any Other Name: The Ongoing Trend Toward Affording Coverage Under CGL Policies for Consequential Damage Arising from Defective Work, Insurance Law Update, September 8, 2016
July 2016
Pitfalls for Data Breach Coverage under Cybersecurity Insurance Policies, Insurance Law Update, July 7, 2016
March 2016
The Disconnect between Underwriting and Claims Handling: A Policyholder Perspective, Carrier Management, March 9, 2016
January 2016
New York Federal Case Distinguishes Between Multiple Insureds In Limiting Scope of Employer's Liability Exclusion, Insurance Law Update, January 15, 2016
November 2015
Coauthor, Invitation or Ambush: The Scope of an Insured's Duty to Cooperate and the Slippery Slope of Information Sharing, Environmental Claims Journal, November 10, 2015
July 2015
Coauthor, Information Sharing between Insurers and Policyholders, Insurance Coverage Law Bulletin, July 14, 2015
June 2015
No Duty to Defend Under Cyber Policy? — Really of No Concern, Insurance Law Update, June 4, 2015
May 2015
District Court Rejects Insurers' "Restitution" Defense in Holding that a Final Adjudication Requirement Applies to An Uninsurable Exception to the Definition of "Loss," Insurance Law Update, May 27, 2015
March 2015
Coauthor, Policyholders Should Reach For Reinsurance Documents, Law360, March 23, 2015
March 2015
3 Questions for Hotel Cos. Buying Data Breach Coverage, Law360, March 2, 2015
January 2015
D&O Coverage May Be An Asset During Data Breaches, Law360, January 27, 2015
October 2014
Cyber Hacking and Voluntary Remedies: Bank's Refund to Hacking Victim Held to be Eligible for Coverage, Insurance Law Update, October 2014
May 2014
Connecticut Supreme Court Holds That Injuries To Multiple Nursing Home Residents Caused By Fire Are Not "Related Medical Incidents," Insurance Law Update, May 2014
2011
The "Same, Related, or Interrelated" Acts or Claims Provision: Insurers' Efforts to Expand the Reasonable Application of Such Provisions to Deny or Otherwise Limit Coverage under Claims-Made Policies, Environmental Claims Journal, Volume 23, Issue 2, 2011
September 2008
Insurance Coverage: Looking Over the Horizon as Global-Warming Litigation Develops, New York Law Journal, September 15, 2008
March 2008
Not Too Hot to Handle: Global-Warming Claims Deserve Coverage, Despite Those Pollution Exclusions, Legal Times, Vol. XXX, No. 9, March 3, 2008
Speaking Engagements
- April 18, 2019
American Law Institute CLE Webinar, "D&O Coverage in 2019 and Beyond" - December 2018
Food & Drug Law Institute Conference, Presentation, "Recall Insurance"
Speaking Engagements Prior to Jones Day
Janury 2018
Managing D&O Risks: Shareholder Activists Driving Litigation, Risk & Compliance, January 2018
July 31, 2017
Cyber Insurance for Corporations: Why Your Clients Need It, What to Look For, and How to Evaluate It, Thomson Reuters, July 31, 2017
March 23, 2017
Panelist, Policyholder's Duty to Cooperate: Advocating or Defending Against Loss of Coverage for Breach: Navigating Scope of the Duty, Privilege Issues, Settlement, and Consequences of Insured's Failure to Cooperate, Strafford, March 23, 2017
July 27, 2016
Panelist, Private and Non-Profit D&O: New Exposures and Concerns, Claims Frequency, Unique Claims that Arise, Comparison with Public Company D&O, and Underwriting Issues, American Conference Institute's 20th National Forum on Directors & Officers and Management Liability, July 27, 2016
April 19, 2016
A Policyholder's Guide to Cyber Liability Insurance Coverage, 5th Annual Cyber Liabilities Insurance ExecuSummit, April 19, 2016
May 21, 2015
What's on the Horizon for Additional Insureds?, American College of Coverage & Extracontractual Counsel, May 21, 2015
May 7, 2015
Dealmakers' Guide To Cybersecurity and Data Breach Prevention, Expert Webcast, May 7, 2015
March 30, 2015
Insurance Law and Policy, University of Pennsylvania Law School, March 30, 2015
March 18, 2015
Additional Insured Policies: Offset Risk; Avoid Key Issues, Progressive Business Executive Education, March 18, 2015
January 16, 2015
The Fundamentals of Cyber and Data Risk Insurance Coverage, American Conference Institute's 15th Advanced Global Legal & Compliance Forum on Cyber Security & Data Privacy and Protection, January 16, 2015
December 3, 2014
Data Breach and Cyber Security — Why Wholesalers Should Care, National Association of Wholesalers-Distributors Billion Dollar Company CIO Roundtable, December 3, 2014
November 13, 2014
Can We Get Coverage for That?, Cyber Security Insurance for CLOs, National Association of Wholesalers-Distributors, November 13, 2014
October 22, 2013
Bridging the Gap Between Underwriting Claims in the D&O Context, American Conference Institute Forum on D&O Liability, October 22, 2013
June 7, 2013
Advanced Cyber Coverage, Cyber Risk & Privacy Liability Forum, June 7, 2013
March 19, 2013
Product Liability in a Global Business Environment, Advisen's 3rd Annual Casualty Insights Conference, March 19, 2013
December 12, 2012
Insurance Implications of Super Storm Sandy, HB Litigation Conference, New York, New York, December 12, 2012
November 30, 2009
A Focus on Settlement Negotiations in the D&O Context: Attaining a Favorable Settlement Number for Your Client, The American Conference Institute 15th Annual Advanced Forum on D&O Liability, New York, New York, November 30, 2009
July 9, 2009
Resolving Complex D&O Insurance Claims with Multiple Layers of Coverage, Practising Law Institute Teleconference, July 9, 2009
June 1, 2009
Chinese Drywall-Insurance Coverage Nightmare, HB Litigation Teleconference, June 1, 2009
March 1, 2008
Insuring Hollywood: Coverage Under Entertainment and Media Policies, American Bar Association's 20th Annual Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, February 27 to March 1, 2008
"He's just brilliant, able to jump into issues and come up with solutions."Chambers USA
- University of Virginia (J.D. 1981); Princeton University (B.A. 1977, Woodrow Wilson School)
- District of Columbia, U.S. Courts of Appeals for the District of Columbia and Second Circuits, and U.S. District Court for the District of Columbia
Fellow, American College of Coverage Counsel (ACCC)
Serves on the board of Housing Up, a nonprofit dedicated to providing affordable housing to families in the District of Columbia
Recognized multiple times for insurance law in:
Chambers USA Client's Guide for Insurance
Guide to the World's Leading Insurance and Reinsurance Lawyers
Washington DC Super Lawyers
International Who's Who of Insurance and Reinsurance Lawyers
Best Lawyers in America
Legal 500
Washingtonian magazine
- Law Clerk to Judge John W. Kern III, District of Columbia Court of Appeals (1981-1982)