Chris J. Middleton
Partner
Biography
BIOGRAPHY
Chris represents domestic and international insurers in high-stakes insurance coverage litigation in federal and state courts and counsels insurers regarding coverage obligations relating to environmental/toxic torts, construction defects, products liability, climate change, and bad faith disputes.
Chris's coverage experience includes the following types of policies:
Chris's coverage experience includes the following types of policies:
- Commercial General Liability
- Professional Liability
- Pollution Liability
- Umbrella and Excess
- Claims-Made
- Bermuda Form
Pro Bono
Chris has also acted as pro bono counsel for an asylum applicant through the Immigration Justice Project of San Diego.
Awards & Rankings
- CALI Award for Excellence in Legal Analysis
- Commitment to Service Pro Bono Award
Before Nicolaides
Prior to joining Nicolaides, Chris was an associate at a boutique insurance coverage firm, where he handled construction defect matters. Chris also provided litigation management and coverage advice as a claims attorney for a national property and casualty carrier.
Outside Nicolaides
Chris enjoys spending time with his family, camping, bike touring, and analog photography.
EXPERIENCE
- Obtained summary judgment for excess insurer on the basis that additional insured vendor’s failure to properly inspect a returned electronic rat trap before placing it back on a shelf with batteries inside, resulting in injury to a customer, precluded any duty to indemnify the vendor for a $9 million arbitration award.
- Obtained Buss reimbursement from landlord of defense costs insurer paid defending suit by former tenants for lead poisoning.
- Evaluated coverage under multi-layered OCIP policies addressing burning limits, number of occurrences, and other construction defect-related coverage issues.
- Advised insurers regarding coverage for climate change litigation under commercial general liability, pollution liability, products, claims-made, Bermuda form, and other types of policies, from primary to excess levels.
- Representing international insurer in declaratory relief actions regarding allegations of product failure arising out of the concussion lawsuits filed by former NFL, college and high school football players, involving numerous coverage issues such as trigger, whether the claims are for damages because of bodily injury, and the impact of other policy terms and exclusions.
- Defending multiple insurers in coverage action arising from several sites of alleged environmental contamination over many years.
- Secured funding and negotiated settlement of multi-party construction defect matter involving developer insured, after facilitating revival of insured's suspended corporate status.
- Conducted examinations under oath on behalf of insurer in support of policy rescission for material misrepresentation in policy application.
- First chaired breach of contract bench trial and obtained judgment for damages requested on behalf of forensic construction firm.