Profile
Ms. Ramos is Chair of CBM’s Insurance Practice Group. She has extensive experience litigating insurance coverage matters involving technology and media liability, D&O, cyber risk, professional liability/E&O, and complex environmental and mass tort claims.
Ms. Ramos has argued numerous motions, and has substantial experience trying complex coverage matters. For over a decade, she has litigated complex insurance disputes in federal and state courts throughout the country. By way of example, Ms. Ramos has been involved in the defense of significant coverage cases in the states of California, Delaware, New York, Pennsylvania, Ohio, and New Jersey.
Ms. Ramos advises clients in determining the appropriate coverage products given the company’s risks. Ms. Ramos regularly provides advice to policyholders and insurers so as to avoid future coverage actions or to favorably position them should litigation ensue. Utilizing decision tree analyses, she is able to assist her long-standing clients in assessing the costs of litigation versus settlement.
Recent Reported Decisions
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 "communications relating to the bad faith issue are interrelated with coverage issues".
Continental Ins. Co. v. Garlock Sealing Technologies, LLC, (2005), Appellate Division affirmed lower court's ruling denying insured's motion seeking dismissal due to another similar action between the parties pending in Pennsylvania
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.
Privacy and Data Security
Ms. Ramos advises clients in the United States and Europe on a broad range of privacy and data protection matters including: privacy policies and procedures; security audits; data breaches; regulatory investigations; laws regarding commercial e-mail, telemarketing, direct mail, and advertising; cross-border data transfers, consumer protection laws; and data breach class actions.
Commercial and Business Litigation
Given her extensive knowledge of the insurance industry, Ms. Ramos' clients consistently look to her to handle their most complex bad faith cases seeking extra-contractual damages.
Ms. Ramos also represents clients in NASD Arbitrations, class actions and products liability cases.
Presentations and Publications
“Below-Limit Settlements: How to Handle Issues that Arise When Another Insurer Settles for Less than Its Policy Limit,” CLM Bad Faith and Coverage Mini-Conference, Panelists (September 14, 2012).
“Non-Cumulation Clauses in CGL Policies: Anti-Stacking Provisions?,” Stafford Webinar Panelist (May 9, 2012).
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.