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Publications

  • The Changing Shape of Bad Faith under the Restatement: What Are the Consequences When an Insurer Breaches Its Duty to Settle or Defend?
    ABA Tort Trial and Insurance Practice Section - TortSource
    Spring 2018
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Craig E. Stewart Senior Counsel

Co-chair, Bad Faith and Extra-Contractual Liability Group
Boston, MA | Direct 617.748.5216 | Fax 617.748.5249
stewartc@whiteandwilliams.com
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Craig Stewart has over 25 years of jury and jury-waived trial experience in insurance coverage and bad faith litigation as well as in a wide variety of products liability and complex commercial matters. He has successfully defended professional and specialty lines liability carriers against claims of bad faith claims handling, denial of coverage and failure to settle brought by policy holders claiming millions of dollars in actual and punitive damages. He has served on the national trial team and as Massachusetts coordinating counsel for product liability claims of an international medical device manufacturer, and has tried to verdict multiple products liability and general negligence cases.

In addition, Craig is an experienced commercial litigator who has represented corporations in a number of different industries including the defense of pharmaceutical manufacturers against claims of patent infringement and theft of trade secrets.

Craig is a Vice Chair of the Insurance Coverage Litigation Committee of the Tort Trial and Insurance Section of the ABA and is an active member of the Defense Research Institute and the Council on Litigation Management. He is also a Trustee and Past President of Massachusetts Continuing Legal Education, the primary provider of continuing legal education in the Commonwealth.

Representative Matters

  • Defense of national insurer against claims of wrongful denial of coverage and bad faith claims handling; and prosecution of counterclaim for recoupment of amount paid in settlement of underlying claim. Multimillion dollar settlement in favor of insurer and dismissal of complaint
  • Defense of medical malpractice insurance against claims of bad faith refusal to settle arising out of multimillion dollar excess verdicts
  • As National Coordinating Counsel for national multi-line insurer, provides guidance on preventing, handling and defending extracontractual claims in jurisdictions throughout the United States
  • Defense of national insurers in multiple jurisdictions against claims of bad faith denial of coverage, bad faith settlement practices, and bad faith claims handling in connection with a broad spectrum of policies and coverages including D&O, E&O, CGL, professional liability, financial institutions, property, construction defect, UM/UIM and workers compensation
  • Defense of national class action against international manufacturer of radiant heating panels alleging breach of warranty, negligent design, supervision and failure to warn. Class certification denied and all individual claims settled on favorable terms
  • Defense of putative class action against manufacturer of artificial hips alleging breach of contract, breach of warranty, and negligent misrepresentation. Motion to dismiss granted
  • Member, National Trial Team, and Massachusetts counsel for Baxter International and Baxter Healthcare Corporation. Defense of medical device products liability claims
  • Defense of national manufacturer of cooking ranges against claims of breach of warranty and negligent design allegedly resulting in stove explosion causing plaintiff to be burned over 70% of his body. Defense verdict after jury trial
  • Defense of international engineering firm in action alleging defective specification and design of electrical system for new twenty-seven story hotel, arising out of explosion and fire destroying hotel electrical equipment room and resultant claims for multimillion dollar economic loss. Defense verdict after jury trial
  • Defense of international hotel chain against claims of inadequate security by plaintiff seeking punitive damages for brain injury and three month hospitalization arising out of attack. Defense verdict after jury trial
  • Defense of international pharmaceutical corporation in cross border litigation against claims of unfair competition and misappropriation of trade secrets seeking over $60 million in damages
  • Defense of air to ground missile guidance system component manufacturer against claims of breach of warranty and misrepresentation seeking damages of over $30 million

Recognition & Involvement

Craig has been recognized by The Best Lawyers in America in the practice areas of Insurance Law and Product Liability - Defendants since 2016. He was also named a "New England Super Lawyer" by Super Lawyers from 2009-2017.

Craig is an avid hiker and member of the Appalachian Mountain Club.

Events

  • Coverage College 2019
    October 24, 2019
  • Avoiding, Managing and Defeating Bad Faith Claims
    12th Annual Coverage College
    October 4, 2018
  • A New Set of Rules: How the Restatement Expands Bad Faith Liability by Calling it Something Else
    26th TIPS Annual Insurance Coverage Litigation Mid-Year Conference – Tool Box Presentation (Phoenix, AZ)
    February 23, 2018
  • A New Set of Rules: How the Restatement Expands Bad Faith Liability by Calling it Something Else
    White and Williams Coverage College
    October 26, 2017
  • Bad Faith and the Restatement: How the Requirement of Knowledge or Reckless Disregard May Protect Insurers From the Most Hostile Jurisdictions
    White and Williams Coverage College
    October 26, 2017
  • “The New Normal or a Bump in the Road?” – How Policyholders and Insurers Will be Affected by the ALI’s Restatement of the Law of Liability Insurance
    25th TIPS Annual Insurance Coverage Litigation Mid-Year Conference – (Phoenix, AZ)
    February 23, 2017
  • The Bad and the Ugly: Worst Bad Faith Decisions of 2015-2016
    White and Williams Coverage College
    September 22, 2016
  • Double Agents, Order-Takers, and Special Advisors – The Producer’s Intriguing Role in Coverage Disputes
    24th TIPS Annual Insurance Coverage Litigation Mid-Year Conference (Phoenix, AZ)
    February 19, 2016
  • How to Protect or Lose the Attorney Client Privilege When an Insurer Defends Under a Reservation of Rights
    ABA/TIPS Member Monday Webinar
    December 7, 2015
  • The Covenant Judgment Problem
    CLM (Claims & Litigation Management Alliance), 2015 Annual Conference – (Palm Desert, CA)
    March 26, 2015
  • "How to Protect or Lose the Attorney Client Privilege When an Insurer Defends Under a Reservation of Rights," Moderator
    ABA-TIPS ICLC Mid-Winter Meeting (Phoenix, AZ)
    February 20, 2015
  • The Bad And The Ugly: Ten Worst Recent Decisions On Insurer Bad Faith Liability
    White and Williams Coverage College
    October 2, 2014
  • Insuring Against Terrorism - TRIA and Private Insurance in the Wake of the Boston Bombings
    2014 ABA Annual Meeting - Tort Trials & Insurance Practice Section (Boston, MA)
    August 8, 2014
  • "Effective Use of Experts, Consultants and Visuals in Winning a Coverage Case," Moderator
    ABA-TIPS ICLC Mid-Winter Meeting (Phoenix, AZ)
    February 20, 2014
  • "Intervention: What? Why? When? Will it Succeed?," Speaker
    American Conference Institute - Bad Faith Litigation (Miami, FL)
    November 21, 2013
  • "Demand Letters: Reading Between the Lines," Moderator
    American Conference Institutes 24th National Advanced Forum on Bad Faith Litigation (Philadelphia, PA)
    April 29, 2013
  • "Expert Witnesses in Bad Faith Litigation" and "Tool Box Luncheon," Panelist and Co-Chair
    ABA-TIPS ICLC Mid-Winter Meeting (Phoenix, AZ)
    February 25, 2013
  • "Now You See It, Now You Don't: The Disappearing Attorney-Client and Work Product Privileges in Coverage and Bad Faith Litigation," Moderator
    ABA-TIPS ICLC Mid-Winter Meeting (Phoenix, AZ)
    February 24, 2013
  • "The Bad Faith Trial: Winning Approaches to Implement Into Your Trial Strategies," Speaker
    American Conference Institutes 20th National Advanced Forum on Bad Faith Litigation (Orlando, FL)
    February 18, 2013
  • "The Unexpected Verdict in Excess of Policy Limits: What Happens Now," Moderator and Panelist
    ABA-TIPS ICLC Mid-Winter Meeting (Phoenix, AZ)
    February 14, 2013
  • "Bolden/Rhodes - Panel Discussion on Bad Faith," Panelist
    CRICO Law Day at CRICO - Controlled Risk Insurance Company - (Cambridge, MA)
    November 16, 2012
  • "The Unexpected Excess Judgment and Assignment of Bad Faith Claims: What Now? The Insurer's 'Right' to Intervene and other Problems," Moderator and Presenter
    CLM (Claims & Litigation Management Alliance), Insurance Bad Faith & Coverage Conference (Boston, MA)
    September 14, 2012
  • "Contract Workshop: Best Practice Indemnification Provisions," Speaker
    2009 BIO International Convention (Atlanta, GA)
    May 2009
  • "Settling Complex Claims While Avoiding Bad Faith Liability To Everyone," Panel Presentation, Chair
    ABATIPS ICLC Mid-Winter Meeting (Los Angeles, CA)
    February 26, 2009
  • "Billing Guidelines and Auditors – Are they Ethical? Are They Legal?," Presentation, Panelist and Program Chair
    American Bar Association Annual Meeting, Tort Trial & Insurance Practice Section (New York, NY)
    August 8, 2008
  • "Navigating Ethical Issues in Bad Faith Cases," Speaker
    American Conference Institutes 16th National Advanced Forum on Bad Faith Litigation (Miami, FL)
    November 7, 2007
  • "Anatomy of a Bad Faith Trial," Speaker
    Mealey's Bad Faith Litigation Conference (Philadelphia, PA)
    September 25, 2007

Publications

  • The Changing Shape of Bad Faith under the Restatement: What Are the Consequences When an Insurer Breaches Its Duty to Settle or Defend?
    ABA Tort Trial and Insurance Practice Section - TortSource
    Spring 2018
  • Double Agents, Order-Takers, and Special Advisors – The Producer’s Intriguing Role in Coverage Disputes
    TIPS Annual Insurance Coverage Litigation Mid-Year Conference Report
    Winter 2016
  • The Covenant Judgment Problem
    CLM Annual Meeting Report
    Spring 2015
  • Next On SCOTUS: A Significant Case For Drug Manufacturers, Co-author
    Law 360
    January 17, 2013
  • Case Study: Texas Mutual Insurance v. Ruttiger, Co-author
    Law360.com
    October 26, 2011
  • Chapter 14, "Deductibles and Self-Insured Retentions" and Chapter 16, "Provisions Concerning Coverage Disputes," Co-author
    ABA Reference Handbook on the CGL Policy, ABA-TIPS ICLC Book
    March 2010
  • Bad Faith Judgments, Co-author, informa insurance, in association with Edwards Wildman Palmer
    The Review: The US Re/Insurance Recession Survival Guide
    2009
  • Ten Tips for Trying an Excess Verdict Bad Faith Case
    American Bar Association, Insurance Coverage Litigation Committee Newsletter
    Summer 2008
  • For the Defense: Trying an Excess Verdict Bad Faith Case, Co-author
    Edwards Wildman Palmer Insurance and Reinsurance Update
    December 2007

Practice areas

Bar and Court Admissions

Massachusetts

U.S District Court for the District of Massachusetts

U.S. Court of Appeals for the First Circuit

Massachusetts Supreme Judicial Court

U.S. Supreme Court

U.S. District Court for the Northern District of Georgia

Education

Harvard Law School, JD

Harvard College, BA, cum laude 

Memberships

American Bar Association

Tort and Insurance Practice Section; Member and Vice Chair Insurance Coverage Litigation Committee

National Trial Academy and Continuing Legal Education Board

Section of Litigation, Intellectual Property Committee

Retired President, Massachusetts Continuing Legal Education, Inc.

Boston Bar Association, Administration of Justice Section

Defense Research Institute

Council on Litigation Management

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