Miles specializes in insurance coverage and construction litigation.

He focuses his insurance practice on advocating for insureds/ policyholders in coverage disputes with their insurers, but also has extensive experience representing insurers. Miles handles matters under a wide variety of first- and third-party insurance policies, including those that provide coverage for the following types of claims and losses:

• Additional-Insured Issues
• Builders Risk
• Commercial Auto/Trucking/Transportation
• Commercial General Liability (CGL)
• Commercial Property
• Cyber Liability/Data Breach
• Delay In Completion/Business Interruption/Time-Element Losses
• Difference In Conditions
• Directors & Officers Liability (D&O)
• Employment Practices Liability (EPL)
• Environmental Remediation/Pollution Liability
• Errors & Omissions/Professional Liability (E&O)
• Excess & Umbrella Liability
• Fiduciary Liability
• Fire
• Flood
• Homeowners
• Inland Marine
• Product Contamination & Recall
• Rectification (Design Defects)
• Representations and Warranties
• Senior Housing and Care Claims
• Wrap-ups (OCIPs/CCIPs)

In addition to advising clients on insurance claims, Miles helps them assess other available insurance resources, negotiate policy language, and handle the insurance provisions of construction agreements and other contracts.

In the construction field, Miles focuses his practice on advocating for engineers/design professionals in matters involving residential, commercial, and public works projects, but has also represented owners, general contractors, and subcontractors in construction disputes.

Bar Admissions

• Arizona
• California
• Florida
• New Jersey
• New York
• U.S. District Court for the District of Arizona
• U.S. District Court for the Central District of California
• U.S. District Court for the Eastern District of California
• U.S. District Court for the Northern District of California
• U.S. District Court for the Southern District of California
• U.S. District Court for the District of Colorado
• U.S. District Court for the Middle District of Florida
• U.S. District Court for the Northern District of Florida
• U.S. District Court for the Southern District of Florida
• U.S. District Court for the District of New Jersey
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York

Education
J.D., Benjamin N. Cardozo School of Law, Yeshiva University M.I.B., University of Melbourne B.A., with distinction, Stanford University

Significant Accomplishments

Secured coverage under multiple CGL, excess, and pollution liability policies for settlement of lawsuits related to hotel fire.

Recovered defense and indemnity coverage for wrongful death claims against retailer and commercial landlord.

Negotiated settlement of claims under builders risk policy stemming from water loss at casino resort.

Prevailed in bench trial against skilled nursing facility's umbrella insurer in connection with claims for coverage for underlying class action.

Obtained defense and indemnity coverage for general contractor in connection with pollution claims by governmental department related to public works construction project.

Through insurance-coverage litigation, obtained defense and indemnity for subcontractor from CCIP insurer related to residential construction-defect lawsuit.

Prevailed at arbitration against EPL insurer concerning its duty to defend transportation company against employment claims.

Recovered defense and indemnity payments from commercial property owner's CGL insurer in connection with pollution-related bodily injury and defamation claims.

Assisted REIT/developer in litigating with and collecting substantial payment from its insurer with respect to an environmental dispute involving pollutants impacting client's apartment complex.

Obtained defense and indemnity payments from OCIP primary and excess insurers related to underlying construction litigation concerning casino resort.

Through insurance-coverage litigation, obtained defense and indemnity coverage for a contractor from multiple primary and excess insurers related to underlying construction-defect claims concerning large apartment complex.

Negotiated recovery for subcontractor from its CGL and professional liability insurers in connection with a dispute involving construction of an industrial facility.

Helped large municipality recover substantial sum from its insurers through coverage actions in connection with underlying litigation concerning public works infrastructure projects.

Recovered funds from product contamination and recall insurer related to alleged contamination of packaged food products.

Professional Associations

• American Bar Association (ABA)
• Association of Defense Counsel of Northern California and Nevada (ADCNCN)
• Bar Association of San Francisco (BASF) (formerly Co-Chair and Vice-Chair of the Barristers Club Construction Law Section)
• Claims and Litigation Management Alliance (CLM)
• USLAW NETWORK

Professional Activities and Experience
Accolades

• Northern California Super Lawyers Rising Star (2013-2015)

• Business Interruption Insurance May Cover Losses Related to Coronavirus

  By Miles Holden |March 2020

Additional Articles"Recent Court Rulings On Builders Risk Insurance Claims," Associated General Contractors of America (February 2022)
"Business Interruption Insurance May Cover Losses Related to Coronavirus," co-author, Insurance Recovery Alert (March 2020)
"Insurers Beware: California’s Notice-Prejudice Rule Is a 'Fundamental Public Policy,'" Insurance Recovery Alert (September 2019)
"California Appellate Court Reverses Trial Court and Confirms Insurer's Duty to Defend Additional-Insured General Contractor, Despite Seemingly Broad Exclusion," Insurance Recovery Alert (July 2019)
"California Appellate Court Affirms Large Punitive Damages Award Against Insurer," co-author, Insurance Recovery Alert (June 2019)
“Mediation Boot Camp 101: Preparing Your Coverage Case for Resolution," co-author, American Bar Association’s Insurance Coverage Litigation Committee (March 2014)
"Mandatory Skilled Nursing Hours Claims: Are You Covered?" co-author, Insurance Thought Leadership (July 2013)
"Please Excuse the Delay: The Consequences of Untimely Notice, Slow Investigation, and the Failure to Communicate," co-author, American Bar Association’s Insurance Coverage Litigation Committee (March 2012)

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