Profile
Ms. Ramos is Chair of CBM's Insurance Practice Group. She litigates complex insurance disputes on behalf of her insurance company clients in federal and state courts throughout the country, and provides advice on a wide-range of coverage issues.
Her practice focuses on insurance coverage and bad faith litigation involving primary and excess liability policies in relation to cyber risk and data breach claims, technology and media liability, various professional liability issues, and complex environmental and mass tort claims.
Over the years, Ms. Ramos has also litigated insurance coverage disputes filed within asbestos bankruptcy proceedings, including the PCC bankruptcy filed in Pennsylvania, and the Quigley bankruptcy filed in New York.
Ms. Ramos also provides insureds with coverage advice and counseling about their coverage programs.
Ms. Ramos has handled numerous extra contractual (bad faith) liability cases in California, and has also represented insurers in such matters in Ohio, Pennsylvania, New York and New Jersey. Her extensive knowledge of the insurance industry has enabled her to resolve these claims efficiently.
Reported Cases
Ferro Corp. v. Cont'l Cas. Co., No. 1:06CV1955, 2008 U.S. Dist. LEXIS 108010, 2008 WL 5705575 (N.D. Oh. Jan. 7, 2008) - Federal court granted insurer's motion to stay bad faith discovery, noting that the defendant's "attorney-client communications relating to the bad faith issue are interrelated with coverage issues".
Continental Ins. Co. v. Garlock Sealing Technologies, LLC, 23 A.D. 3d 287, 805 N.Y.S.2d 18 (2005) - Supreme Court, Appellate Division affirmed lower court's ruling denying insured's motion seeking dismissal due to another similar action between the parties pending in Pennsylvania based upon the action's strong connection to New York.
Coltec Indus. Inc. v. Continental Ins. Co., 2005 U.S. Dist. LEXIS 8837, 2005 WL 1126951 (E.D. Pa. May 11, 2005) - Federal court granted insurer's request for a stay in light of the pending New York state court action, finding that if the outcome of the coercive claims hinges on the outcome of the declaratory ones, Wilton's standard governs; conversely, if the opposite applies, Colorado River's standard controls.
Mt. McKinley Ins. Co. v. Corning, Inc., 399 F.3d 426 (2nd Cir. 2005) - Second Circuit limited U.S. Lines and held that a non-debtor's claim on pre-petition insurance contracts are non-core, even if a debtor also has claims on those policies.
Complex Litigation
Ms. Ramos has handled a variety of litigation matters and is experienced in all aspects of pretrial and trial preparation in complex matters. While her focus is complex coverage litigation, she has also handled NASD Arbitrations, and has experience litigating ERISA class actions and products liability cases.
Strategic Analysis and Coverage Advice
Ms. Ramos regularly provides advice so as to favorably position her clients in future coverage disputes, or to avoid such disputes altogether.
She has developed an expertise in preparing decision trees analyzing how relevant coverage issues will likely be resolved so as to assist her clients in assessing the costs of litigation versus settlement.
Due to Ms. Ramos’ detailed analysis and early planning, she has achieved favorable resolutions of numerous complex multi-million dollar coverage disputes in a cost-efficient manner for her clients.
Presentations and Publications
Co-authored with Jodi K. Swick, California Court of Appeal Finds No Viable Cause of Action Against Insurer Due to Insurer's Payment of Less Than the Full Amount Billed to Cumis Counsel, published in "Cover Notes," the National Association of Insurance Women's Newsletter (San Francisco Chapter, August 2011).
"Jumping In - Determining When the Duty to Defend Is Triggered," presented at DRI, March 2011.
“Strategic Issues to Consider When Other Insurers Settle,” presented August 2008.
Policyholders' Below-Limits Settlements: Who Should Be Held Responsible for the Gap? published in DRI In-House Defense Quarterly, Insurance Law (Fall 2007).
“How Much Does An Excess Insurer Owe When Another Insurer Provides Coverage: The Impact of the Non-Cumulation Clause and Settlement Credits,” presented February 2007.
"State Tort Reform's Impact on Asbestos Bankruptcy Proceedings," presented at ABA Insurance Coverage Litigation Committee, Tucson, Arizona (March 2-4, 2006).
"Silica Coverage Issues and Beyond," presented at ABA Insurance Coverage Litigation Committee, Tucson, Arizona (March 4, 2005).
“Allocating Long-Tail Claims: Allocation Methodologies and the Impact of Wallace and Gale,” presented April 2005.
“Key Coverage Issue in Allocating Long-Tail Claims,” presented September 2004.