Mark Horning represents insurance industry clients in litigation matters, principally those involving coverage, antitrust, unfair trade practice, fraud, Racketeer Influenced and Corrupt Organizations Act (RICO), and regulatory cases. Mark has represented clients in significant coverage disputes with policyholders, government enforcement proceedings, parens patriae actions by state attorneys general, and private class actions brought in both federal and state court. He has substantial familiarity with class certification issues under both federal and state rules. Additionally, Mark regularly addresses exemptions and immunities from federal and state laws available to insurers, including the McCarran-Ferguson Act, the state action doctrine, the Noerr-Pennington doctrine, the filed rate doctrine and the doctrines of exclusive and primary jurisdiction. He also has extensive knowledge of state unfair and deceptive practices acts, or “FTC acts,” often relied upon in private class actions.
In recent years, Mark has represented insurers in commercial property insurance coverage disputes and litigation with the government relating to surety bonds. He has also represented insurers in antitrust and RICO cases brought by state attorneys general and private class action plaintiffs alleging any of the following: agreements to restrict environmental coverages in commercial liability policies; agreements to raise rates for windstorm coverages in homeowners’ policies; agreements to withdraw from workers’ compensation insurance markets; and agreements to fix the price for services provided in so-called “residual markets.” With respect to litigation involving RICO, unfair trade practice, and fraud claims, he has represented insurer clients in cases alleging failure to disclose use of unapproved rates, failure to disclose use of so-called “aftermarket crash parts” in automobile repairs, and alleged bad faith refusal to pay for diminution in value of motor vehicles covered by automobile insurance policies.
- District of Columbia
- Supreme Court of the United States
- US District Court, District of Columbia
- US Court of Appeals, Third Circuit
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Fifth Circuit
- J.D., Yale Law School, 1974
- B.A., Yale University, 1968
The following are significant litigation matters in which Mr. Horning has represented insurer clients:
- Snyder v. Acord Corp: Obtained dismissal of antitrust/RICO class action complaint alleging insurance industry conspiracy to fix the terms of homeowners’ insurance, affirmed by the 10th Circuit.
- Sioux Honey Association v. Hartford Fire Insurance Company: Obtained dismissal of class action complaint alleging conspiracy by sureties to fail to pay amounts due to government under bonds covering import duties, affirmed by Federal Circuit.
- United States v. American Home Assurance Company: Series of cases before Court of International Trade and Federal Circuit involving claims by the government for payment of import duties under surety bonds. Defeated government’s claims for penalties.
- Federal Mogul Corp v. Insurance Company of Pennsylvania: Obtained reversal by 6th Circuit of lower court ruling holding insurer liable for property damage in excess of flood sublimit.
News & Publications
June 3, 2019
June 6, 2018
May 29, 2018
Legal 500 US, Energy: Regulatory (2013)
- American Bar Association, Antitrust Section