Photo of Edward R. Brown

Education

J.D., summa cum laude, George Mason University School of Law; Mason Law Scholarship; Moot Court Board

M.B.A., Virginia Polytechnic Institute and State University

B.S., magna cum laude, Auburn University; Sigma Lambda Chi Honor Society

Law Journals

Member, George Mason Law Review

Bar and Court Admissions

District of Columbia Bar

Virginia Bar

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court for the Eastern District of Virginia

Edward R. Brown

Associate

Practice Areas

Ted represents insurers in coverage litigation before federal and state courts. He serves as coverage counsel for claims under general liability and various types of professional liability policies, and regularly counsels insurers in connection with claims involving data security and privacy breaches.

Representative Experience

  • Successfully represented insurer in coverage litigation under directors and officers liability policy in securing dismissal for failure to state a claim upon which relief could be granted based on the insured’s failure to obtain the insurer’s consent to an underlying settlement. Piedmont Office Realty Trust, Inc. v. XL Specialty Ins. Co., 11 F. Supp. 3d 1184 (N.D. Ga. 2014). Also represented insurer in appeal to the Eleventh Circuit, where the Georgia Supreme Court ultimately answered certified questions in favor of the insurer’s position, concluding that dismissal was proper. Piedmont Office Realty Trust, Inc. v. XL Specialty Ins. Co., 771 S.E.2d 864 (Ga. 2015); Piedmont Office Realty Trust, Inc. v. XL Specialty Ins. Co., 790 F.3d 1252 (11th Cir. 2015).
  • Obtained summary judgment in California federal district court in favor of insurer that it had no duty to defend or indemnify an insured under an errors and omissions liability policy. The court also held that the insurer was entitled to recoupment for funds paid to settle the underlying claim. VierraMoore, Inc. v. Continental Casualty Co., 940 F. Supp. 2d 1270 (E.D. Cal. 2013). Also represented insurer in appeal to the Ninth Circuit, which affirmed the ruling in the insurer’s favor. VierraMoore, Inc. v. Continental Casualty Co., 607 Fed. App’x 749 (9th Cir. 2015).
  • Obtained summary judgment in Nevada federal district court in favor of insurer that it had no duty to defend or indemnify insureds under a legal malpractice policy. Christensen v. Darwin National Assurance Co., No. 2:13-CV-00956-APG-VCF, 2014 WL 1628133 (D. Nev. Apr. 14, 2014). Also represented insurer in appeal to the Ninth Circuit, which affirmed the ruling in the insurer’s favor. See Christensen v. Darwin National Assurance Co., No. 14-15914 (9th Cir. Mar. 23, 2016).
  • Successfully represented three trade associations participating as amici curiae before the Connecticut Supreme Court. The court ultimately held that there was no coverage under Coverage B of a CGL policy for a claim involving the loss of data tapes containing sensitive employee information. Recall Total Information Management, Inc. v. Federal Insurance Co., 115 A.3d 458 (Conn. 2015).
  • Successfully represented a trade association participating as amicus curiae before the California Supreme Court. The court held that the personal and advertising injury section of a CGL policy did not afford coverage for various infringement and unfair trade claims. Hartford Casualty Insurance Co. v. Swift Distribution, Inc., 326 P.3d 253 (Cal. 2014).

Professional Experience

  • Cost Engineer (2008-2011), Engineer (2006-2008), Turner Construction Company

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