Michael John Miguel

Michael John Miguel is a trial lawyer in the firm’s Los Angeles and Houston offices. He concentrates his active trial practice on high stakes commercial litigation, with an emphasis on insurance coverage, energy-related issues, environmental, antitrust, intellectual property, and toxic tort defense matters. Mr. Miguel represents and counsels clients on a national and international basis, and has assisted in obtaining insurance recoveries counted in the billions of dollars.

Mr. Miguel has successfully appeared before state and federal trial and appellate courts in twenty-eight (28) states and the U.S. Supreme Court, and has tried cases to verdict/judgment in five different states. He has also conducted multiple domestic and international arbitration proceedings.

For well over a decade, Mr. Miguel has been a member of insurance recovery practice groups rated by Chambers & Partners and recognized as "Insurance Group of the Year" by Law360. He has been named one of the "Top 100 Lawyers of California" by the Daily Journal Corporation, and is annually included in Best Lawyers in America and as a leading lawyer in Insurance Litigation as well as Insurance Law.

• Enterprise Financial Group v. Santander Consumer (USA), Inc. Trial counsel for plaintiff in Texas State Court for willful breach of contract concerning performance under an agreement for issuance and claims handling of "GAP" policies to automobile purchasers. Opposing party sought eight figures by way of counterclaim. Obtained jury verdict in November 2022, in favor of client. Currently waiting entry of final judgment. (Dallas Cty. (Tex.), 2018-present)
• Neurobrands v. The American Bottling Company. Trial counsel for independent lifestyle beverage company in Federal Court suit against Keurig Dr. Pepper and its distribution affiliate for breaches of contract, libel and intentional interference arising from the defendants’ failure to promote, market and sell Neurobrands’ products as required under several distribution agreements. Confidential settlement reached prior to final pretrial conference. ( C.D. Cal. 2019-April 2023)
• Maxus Trust v. Greenstone Assurance, Ltd. Trial counsel for bankruptcy trust of policyholder in Federal Court action seeking over $500 million in damages arising from historic liabilities assumed by contract against former captive insurer, subsequently owned by a third party. All other insurers had been released from liability. Case settled favorably on the eve of trial in March 2021. (E.D. Tex.)
• Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co. Undertook expert discovery and trial preparation for coverage case involving historic environmental liabilities, which settled favorably on first day of trial. (Morris Cty. (NJ), 2018-2019)
• Bedivere Insurance Company, et al v. Maxus Energy Corporation. Lead counsel for policyholder sued by its insurers over coverage for "Louisiana Legacy" liabilities under historic CGL policies. Policyholder counter-sued for coverage and damages. Case settled favorably on the day before trial. (Harris Cty. (Tex.) (2015-2018)
• In re Western States Natural Gas Antitrust Litigation, MDL 1566. Serves as counsel for integrated utility company and its subsidiaries in consolidated class actions, originally in seven states, alleging fraud and wholesale natural gas price manipulation and seeking over $500 million in damages. The long-running MDL has involved two appeals to the Ninth Circuit and an appeal to the U.S. Supreme Court (Oneok, Inc. v. Learjet, Inc., 135 S.Ct. 1591 (2015)) prior to remand to the transferee courts. All but one state's class actions have been resolved, with one remaining case. (D. Nevada and W.D. Wisc., 2004-present)
• Taylor Energy Company LLC v. Underwriters at Lloyd’s. Served as lead counsel for policyholder, obtaining summary judgment in Federal Court on coverage under an energy package policy for offshore environmental liabilities. Obtained first reported U.S. case holding London Market insurers liable for off-shore contamination cleanup under energy package policy and a mid-eight figure settlement. (E.D. La. 2010) Also assisted client with indemnity claims arising government demands for insurance proceeds, including objection to demands for demonstration of “Oil Spill Financial Responsibility” OSFR and an appeal to the Interior Board of Land Appeals. (2020-2022)
• CNH Americas v. Travelers Indemnity. Represented former corporate parent in third party indemnity litigation brought by an insurer under a global settlement agreement. Insurer sought defense and indemnity for coverage claims being asserted by a former subsidiary. Obtained favorable settlement for client after obtaining summary judgment. (Del. Superior Ct., 2015)
• Celanese Corporation v. OneBeacon America Insurance Co. Served as lead trial counsel for policyholder seeking compliance with coverage-in-place agreements. Unanimous verdict after multi-week trial for client found breach of contract, and unfair business practices rulings against OneBeacon and its third party administrator (Suffolk Cty. (MA) Superior Court 2010)
• OneBeacon America Insurance Co. v. Celanese Corporation. Served as lead trial and appellate counsel in suit brought by insurer to avoid all insuring obligations. Trial court judgment entered in favor of client in excess of $3 million (Suffolk Cty. (MA) 2014)
• Southern Natural Gas Company v. London Market Insurers. Served as lead trial counsel for policyholder seeking coverage for historic environmental liabilities; obtained two unanimous jury verdicts in favor of coverage.  Also created favorable law in the Alabama Supreme Court on a question of first impression, holding that damage at multiple locations, in multiple states and at different times constituted a single “occurrence” under a CGL policy.in July 2013. (Jefferson Cty. (AL) Circuit Ct. and Ala. S.Ct. 2001-2013)
• Tenneco Automotive v. El Paso Corporation. Trial counsel in Delaware Chancery Court case where former subsidiaries first sought $88 million in insurance proceeds obtained from Underwriters at Lloyd’s, London. After bench trialjudgment was entered and client paid nothing to Plaintiffs. (Del.Ch. 2002) Also obtained summary judgment against one former subsidiary’s claim that client was responsible for $6 million in premius for “replacement” insurance. (Del.Ch. 2007)
• ExxonMobil v. New West Petroleum. Served as lead trial and appellate counsel for six-week jury trial, subsequent bench trial and Ninth Circuit argument concerning allocation of liability for historic environmental property damage. (E.D. Cal. 2009)
• Kern County Land Co. v. California Union Ins. Co. Served as lead trial counsel in three trials for policyholder in “global” coverage case for historic environmental liabilities on seven lines of coverage, resulting in nine-figure settlements (San Francisco Cty., 1997-2008).
• Butter Flavoring Litigation. Served as counsel for a product manufacturer in mass-tort litigation alleging injuries (and death) from exposure to chemicals used in the production of microwave popcorn (Hamilton Cty. Ohio, 2007-2009).
• Served as lead counsel on several confidential arbitration/mediation/mini-trial proceedings involving international contract disputes, offshore damage liabilities (and related insurance), and reinsurance issues.

• Recognized by Benchmark Litigation as a "Litigation Star" (2024)
• Member of nationally Chambers USA-rated insurance recovery (policyholder) practice group and multiple recognitions as “Insurance Practice Group of the Year” by Law360. (2007-2022)
• Ranked in the Best Lawyers in America as a leading lawyer for both in Litigation: Insurance and Insurance Law (2018-2024)
• Chosen as one of the “Top 100 Lawyers in California” as a result of insurance recovery successes by the Daily Journal Corporation (2011)