Burns, Sarah S.

Matt has maintained a successful litigation and trial practice for nearly 15 years in Columbus, Ohio.  Matt represents a wide variety clients in a wide variety of commercial disputes and tort litigation.

Matt started his legal career in 1997 with Porter Wright Morris & Arthur LLP.  While there, Matt was part of a successful trial team in an international securities lending trial in Stamford, Connecticut. In 2000, Matt joined Arter & Hadden LLP’s business litigation department and later joined with other attorneys in that office in the new firm, Bailey Cavalieri LLC.  While at Bailey Cavalieri, Matt and Evan Price successfully obtained an arbitration award exceeding $34 million against United Healthcare.  Matt continued his success in the area of insurance coverage litigation.

Matt joined James E. Arnold & Associates, LPA in May 2011 and has continued his winning ways.

FEATURED CASES AND MATTERS

Arch Insurance Company
• In Continental Cas. Co. v. Auto Plus Ins. Agency, LLC, No. 3:08-cv-01889 (N.D. Ohio filed Aug. 6, 2008), Matt sought summary judgment on the causes of action against his client, Arch Insurance Company. The Plaintiff wholly abandoned its causes of action following a review of the motion Matt filed.

St. Paul Mercury Insurance Company
• Matt represented St. Paul Mercury Insurance Company in Miller v. St. Paul Mercury Ins. Co., 2009 WL 6417804 (D. Md. Mar. 24, 2009) in which a $3 million dollar insurance policy was at stake. As counsel for St. Paul, Matt moved to dismiss the plaintiff’s complaint. Notwithstanding the plaintiff’s arguments that the policy was ambiguous and violated public policy, the Court dismissed the complaint and found his arguments to be frivolous.

Old Republic Insurance Company
• In HLTH Corp. v. Clarendon Nat’l Ins. Co., 2009 Del. Super. LEXIS 437 (Super. Ct. Del. July 15, 2009), the court granted Old Republic’s motion for summary judgment filed by Matt on Old Republic’s behalf and enforced a policy exclusion barring coverage under Old Republic’s $15 million insurance policy. Had the Court found coverage, Old Republic would have had to pay the entire $15 million to cover the plaintiff’s defense costs incurred in an underlying lawsuit.

Old Republic Insurance Company
• In Axis Reins. Co. v. HLTH Corp., 2010 Del. LEXIS 183 (Del. Supreme Ct. Apr. 22, 2010), the Delaware Supreme Court affirmed the trial court’s award of summary judgment to Old Republic on prior notice grounds and reversed the trial court’s denial of summary judgment on prior acts grounds. As a result, Old Republic avoided having to pay any of its $10 million policy which otherwise would have been exhausted by defense costs.

Federal Insurance Company
• In Castelli v. Patmon, No. CV-02-481994 (Mar. 12, 2007), Executive Risk Indemnity, Inc. moved to dismiss the plaintiff’s amended complaint, which sought to impose on Executive Risk the liability of its insured. After reviewing the motion to dismiss, the Court sua sponte denied the plaintiff’s attempt to amend the complaint, which ended any possibility of recovery against Matt’s client.

St. Paul Mercury Insurance Company
• In Bank of Soperton v. FirstCity Bank, No. 09-CV-2613 (Ga. Super. Ct. filed June 29, 2009) and First Citizens Bank v. FirstCity Bank, No. 09-CV-2612 (Ga. Super. Ct. filed June 29, 2009), St. Paul moved to dismiss the plaintiff’s two direct-action complaints seeking insurance coverage under St. Paul’s $1 million insurance policy. After reviewing the motions, the plaintiffs (represented by common counsel) dismissed its claims against St. Paul.

Westchester Surplus Lines Insurance Company
• In Franz v. Allegheny Investments, Ltd., No. 1:08-cv-01983 (N.D. Ohio filed Aug. 15, 2008), the plaintiff abandoned its claims against Westchester (seeking coverage under the $3 million insurance policy issued by Westchester) immediately following a hearing before the Judge during which the merits of Ace’s yet-to-be-filed motion for summary judgment were argued.

Old Republic Insurance Company
• In Connolly, Plan Admin. for SONICblue Inc. v. Admiral Ins. Co., et al., 2010 WL 2034798 (N.D. Cal. May 19, 2010), the court granted Old Republic’s motion for summary judgment finding that Old Republic had no obligation to the SONICblue Plan Administrator.