Areas of Practice
Education
  • University of Virginia School of Law, J.D., 1986
  • Duke University, B.A., 1979
Bar & Court Admissions
  • District of Columbia
  • Virginia
  • US District Court, Eastern District of Virginia
  • US District Court, Western District of Virginia
  • US District Court, District of Columbia
  • US District Court, District of Maryland
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Eighth Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US Court of Appeals for the District of Columbia Circuit

Frank Winston, Jr.

Partner
1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 6482
FAX: +1 202 429 3902

Frank Winston, Jr. is nationally esteemed for his insurance coverage litigation and counseling practice. Mr. Winston has litigated many high-profile and precedent-setting cases in more than 30 state and federal jurisdictions across the country, often serving as lead counsel on the insurer side in complex multiparty disputes. His litigation experience covers a wide range of complex insurance coverage cases, including environmental and toxic tort claims, bad faith, extra-contractual liability, and lost/missing policies. Mr. Winston’s clients appreciate that he is aggressive, organized, and adaptable in every courtroom setting.

Additionally, Mr. Winston has significant appellate experience, successfully arguing coverage cases on behalf of insurance company clients before the US Court of Appeals for the Second, Fourth, Fifth, Sixth, and Eleventh Circuits, and several state supreme and appellate courts. He has negotiated numerous complex, multiparty settlements and cost share agreements involving mass claims alleging injuries from exposure to toxic chemicals, asbestos, welding rod fumes, coal slurry, and other hazardous materials in jurisdictions such as New York, New Jersey, Ohio, West Virginia, Pennsylvania, and Louisiana. 

Representative Matters

  • Served as lead counsel for Travelers in Travelers Indemnity Company v. U.S. Silica Company, earning a precedent-setting victory before the Supreme Court of Appeals of West Virginia, where Travelers reversed an adverse jury verdict in excess of $8 million by successfully arguing that its policyholder’s notice was late as a matter of law.
  • Obtained summary judgment and affirmance on appeal in Alabama Gas Corp. v. Travelers Cas. and Sur. Co., a trigger of coverage decision where the Eleventh Circuit affirmed the trial court’s ruling that the insurer had no duty to indemnify a utility for $4 million spent in remediating its former manufactured gas plant site because the alleged contamination at issue took place outside the effective date of the Travelers policies. 
  • Obtained summary judgment and affirmance on appeal in the related decision Alabama Gas Corp. v. Travelers Cas. and Sur. Co,  where  the Eleventh Circuit also affirmed the trial court’s decision that Travelers did not act in bad faith in denying the utility’s claim for coverage. 
  • Obtained a favorable ruling from the Louisiana Court of Appeal for the Fourth Circuit in Pearson Long v. Eagle, Inc., et al., that reversed an adverse trial court decision and upheld the validity of a settlement agreement between his client and its policyholder that another insurer had sought to void.
  • Designated to present oral argument on behalf of all excess carriers as well as his own clients before the United States Court of Appeals for the Second Circuit in World Trade Center Properties LLC, et al., Zurich American Ins. Co., et al., the World Trade Center Disaster site litigation on appeal from the decision of the United States District Court for the Southern District of New York in In re September 11th Liability Insurance Coverage Cases.
  • Served as lead insurer liaison counsel in separate mass tort coverage disputes and mediation involving hundreds of bodily injury and property damage claims allegedly stemming from water contamination due to large-scale mining operations.

Noteworthy

  • Listed in Chambers USA: America’s Leading Business Lawyers, Insurance: Insurer (DC), 2015-2017
  • Recommended by Legal 500 US 2013-2014 for Insurance: Advice to Insurers
  • Listed in Washington, DC Super Lawyers, 2011-2017
  • Member, American College of Coverage and Extracontractual Counsel

Select News & Events

Selected Publications

  • Practical and Strategic Considerations in Defending the Bad Faith Claim
    Understanding Insurance Law 2008
    January 1, 2008, Practising Law Institute Law

Professional Affiliations

  • Section on Litigation, Insurance Coverage Law and Tort and Insurance Law, American Bar Association
  • Insurance Law Committee, Defense Research Institute