Michael D. Strasavich

Experience

• Retained to represent association or "wind pool" of commercial coastal property insurers in policyholder disputes and litigation arising from Hurricanes Ivan and Katrina, as well as in appraisal proceedings brought by insureds.
• Represented commercial property owner to pursue insurance claim arising from vandalism via theft of copper from shopping center, which resulted in destruction of air conditioning units and interior electrical components.
• Represented national frozen food distribution company to pursue insurance claim against commercial insurer and to defend declaratory judgment proceeding arising out of alleged environmental contamination and to recover clean-up costs associated with violations of Clean Water Act.
• Represented general contractor in defending claims brought by developer arising from construction of residential and commercial infrastructure, including sanitary sewer and water lines for mixed-use golf course/residential development.
• Represented regional investigations company in series of lawsuits alleging that investigator utilized illegal electronic surveillance in course of investigating workers' compensation claimants. Tried to defense verdict.
• Represented liability insurer for residential contractor by instituting declaratory judgment action and otherwise advise carrier as to its rights and responsibilities under policy of insurance issued to insured who was sued for faulty work under construction contract.
• Represented liability insurance company in action brought by insured for failing to defend and/or indemnify action brought against insured for auto accident where insured had failed to pay policy premiums.
• Represented disability insurer on claims for breach of contract and bad faith brought by physician rendered partially blind due to stroke.
• Represented commercial printer manufacturer in lawsuit by print company alleging fraud and breach of contract arising from negotiations for sale of commercial printer.
• Represented Alabama Improvement District in suit for injunction by developer of mixed-use property in order to prevent foreclosure by District. Injunctive relief denied. Affirmed on appeal.
• Retained as Assistant Attorney General to represent mental health worker in wrongful death action arising from murder of patient at state mental health facility.
• Retained as regional catastrophe counsel for major property and casualty insurer with duties of assisting coordination of effective response before and/or major storm events and developing and disseminating coverage opinions to field personnel as needed, as well as provide counsel and advice relative to claim forms, process, etc.
• Represented loan servicing agent in several actions filed by borrowers alleging several causes of action related to mortgage debt, including one brought by borrower arising from handling of plaintiff's loan, including but not limited to the failure to pay property taxes from escrow funds which resulted in tax sale of plaintiff's property.
• Represented trucking company in action brought by truck driver against former employer alleging wrongful termination where driver was laid off in a reduction of force but maintained the employer had ulterior, unlawful motives for the decision. Summary judgment affirmed on appeal.
• Represented liability insurer in defense of breach of contract/bad faith claims brought by alleged insured where alleged insured had been sued for wrongful death and multi-million dollar judgment had been entered against alleged insured, where alleged insured had been excluded from coverage by endorsement. Summary judgment affirmed on appeal in published opinion.
• Represented homeowners in lawsuit filed against builder for breaching construction contract in various ways including failing to complete construction, overcharging, failure to work in accordance with plans and specifications, etc. Monetary award in arbitration obtained.
• Represented uninsured/underinsured motorist (UM/UIM) carrier in defending claim brought by local hospital for impairment of a hospital lien by the carrier's payment of policy limits to insured without regard to lien.
• Represented inspector of manufactured homes in litigation brought by purchaser of manufactured home alleging multitude of defects in property. Order compelling arbitration affirmed on appeal.
• Represented inventor of biofuel production process in action by minority investor seeking injunctive and other relief.
• Represented regional building supplier to pursue collection actions against local construction companies and guarantors.
• Represented medical device manufacturer in defense of product liability action brought by patient for negligent design and/or manufacture of surgical screw and plate system.
• Represented local homebuilder in defense of action brought by purchasers of home for breach of construction contract.
• Represented regional engineering firm in action brought by utility arising from engineering work to design and inspect rehabilitation work on sanitary sewer system following damage by Hurricane Ivan.
• Represented parking lot owner/management company in defending action brought by elderly female who tripped in parking lot adjacent to courthouse resulting in severe injuries. Summary judgment affirmed on appeal.
• Represented disability insurer in defense of breach of contract and bad faith claims brought by certified registered nurse anesthetist (CRNA) under disability policy.
• Represented nationwide vision care franchisor as local counsel in pursuit of intellectual property and trademark claims against former franchise owner for infringement, breach of contract, etc. Monetary award obtained.
• Represented municipality in defending claim against city brought by landowners on bluff where property suffered significant undermining and erosion during flooding associated with hurricane.
• Represented defendant driver accused of negligence in operation of a motor vehicle, which allegedly caused personal injury.
• Represented accidental death and disability insurer to defend ERISA claim brought on behalf of plan participant where participant died in single-car motor vehicle accident related to alcohol use and plan excluded such claims from coverage. Summary judgment granted.
• Represented liability insurer for residential contractor by instituting declaratory judgment action and otherwise advise carrier as to its rights and responsibilities under policy of insurance issued to insured who was sued for faulty work under construction contract.
• Represented municipality in defense of assault and battery and false arrest claims brought by parent of underage minor against municipality and police officer, where minor had been arrested for underage drinking while on spring break. Tried to defense verdict.
• Represented maritime commercial property insurer in dispute with commercial policyholder relative to insurance claim arising from Hurricane Katrina.
• Represented maritime insurer in pursuit of action for declaratory judgment construing insurance policy for vessel and to defend breach of contract and bad faith claims arising out of the sinking of yacht off the Alabama coast. Trial resulted in verdict in favor of maritime insurer on bad faith claim.
• Represented trustees and administrators of employee stock ownership plan ("ESOP") to defend allegations brought by class of plan participants alleging breaches of fiduciary duties under ERISA and otherwise.
• Represented general contractor in defending wrongful death action and prosecuting indemnity claims against subcontractors and vendors arising from fall of decedent from balcony of apartment complex under construction.
• Represented international music production and distribution company in proceedings to enforce non-compete agreement against former company president violated by competitive activities and other breaches of agreement and obtain award of damages. Prevailed in arbitration.
• Represented general contractor road construction company in defending personal injury action brought by individual struck by vehicle driven by company worker. Tried to defense verdict.

Honors & Recognitions

Civic Activities

Professional Activities