Dana M. Horton

Counsel

  • Overview

    Biography

    Dana Horton is an insurance litigation attorney with over 15 years of experience representing and advising insurance companies in large loss property subrogation matters, property insurance coverage disputes, and bad faith claims. Her experience includes handling proceedings from inception through resolution in state, federal, and appellate courts. She is a member of the firm’s Insurance + Reinsurance Group.

    Large Loss Property Subrogation

    Ms. Horton represents insurers who have compensated their customers for damage pursuant to their property insurance policies, and she pursues recovery from responsible third parties. She has handled numerous property damage subrogation claims, including damages caused by fire, water, roof collapse, sprinkler system failures, floods, marine losses and other miscellaneous causes. Her involvement begins at the outset of a covered event, which allows her to take a leading role assisting with and coordinating the origin and cause investigation, retaining necessary experts and consultants, and ensuring key evidence is preserved. She places potentially responsible parties on notice as soon as practicable and assists with all necessary joint inspections, examinations, and testing. Ms. Horton has successfully litigated and resolved large loss property subrogation cases in numerous states and federal courts throughout New England. She has also successfully resolved numerous subrogation matters for clients using alternative dispute resolution (ADR) methods, including binding and non-binding arbitration and mediation.

    Ms. Horton has obtained impressive results for her insurance company clients, including pre-suit resolutions, settlements as a result of ADR, and after trial.

    Property Insurance Coverage Litigation

    Ms. Horton also has extensive experience litigating and advising insurers on coverage issues.  She has guided and defended clients throughout New England in various property coverage dispute matters. She has litigated numerous declaratory judgment actions where a coverage declaration was required and has been successful prevailing on dispositive motions in such cases.  She has also used alternative dispute resolution strategies to assist clients with coverage disputes. In Indian Harbor Insurance Company v. Assurance Company of America, Ms. Horton successfully obtained summary judgment for a client from the U.S. District Court for the District of Rhode Island for an insurer client in a case involving a builders risk policy coverage claim after a ramp collapse during a construction project.

    Bad Faith Litigation

    Ms. Horton defends insurance companies in extra-contractual claims and bad faith litigation throughout New England. Such claims include assertions that an insurer unfairly denied coverage or failed to promptly, fairly or adequately negotiate a settlement. Her work in this area includes property insurance and uninsured/ underinsured motorist coverage.

    In a Rhode Island underinsured motorist/bad faith claim, where the plaintiff originally sought damages in the millions, Ms. Horton negotiated a dismissal of the bad faith claim, and ultimately the plaintiff only recovered a fraction of what was originally sought after a three-person panel binding arbitration proceeding.

    Pro Bono

    Ms. Horton regularly does pro bono work, including helping an organization which provides residential and vocational services for developmentally disabled individuals. She handles guardianship-related legal services for the organization. She also frequently coordinates community food and holiday gift drives for the Providence, Rhode Island office through the various committees on which she serves.

    Prior to joining Robinson+Cole, Ms. Horton was a litigation associate at a Connecticut-based law firm and was involved in a wide variety of litigation matters, including, but not limited to, insurance subrogation, insurance defense, medical malpractice defense, collections, creditors' rights, contracts, probate, property, personal injury, and municipal law. She is licensed and actively practices law in Rhode Island, Connecticut, Massachusetts and New Hampshire state and federal courts.

    Upon graduation from New England School of Law, Ms. Horton served a one-year appointment as a judicial law clerk with the State of Connecticut Superior Court.

    Ms. Horton has been listed in The Best Lawyers in America® in the area of Litigation - Insurance since 2016. (Copyright by Woodward/White, Inc., Aiken, SC)

  • Experience
    • Experience

      Experience

      • Representation of insurer that had issued builders risk policy on one of two buildings, which had separate street addresses but were ultimately determined to be separated by a fire wall. Second building was insured under a permanent property policy with a different carrier. Damage to the building occurred when an Americans with Disabilities Act–compliant ramp that was part of the second building (insured under the property policy) collapsed during construction. The insured submitted claims to both carriers. The builders risk carrier denied coverage while the property insurer paid the claim and then brought a subrogation action against the builders risk carrier seeking a pro rata payment. Robinson & Cole won on summary judgment by convincing the court that language in the builders risk policy providing that "coverage ends when permanent property insurance is in place" applied to this claim and barred coverage under the builders risk policy.
    • Professional Associations

      Professional Associations

      National Association of Subrogation Professionals

      Defense Research Institute

      American Bar Association

      Rhode Island Bar Association
      Federal Court Bench and Bar Committee
      Chair of Superior Court Bench/Bar Committee
      House of Delegates
      Volunteer Lawyer Program
      Technology Committee, E-Filing Task Force

      Rhode Island Women's Bar Association

      Washington County Bar Association

      Connecticut Bar Association

      New London County Bar Association
      Board of Directors, Treasurer (2010 - 2011)
      President (2013 - 2014)

      U.S. District Court, District of Rhode Island
      Local Rules Review Committee
      Pro Bono Committee

      Massachusetts Bar Association

      New Hampshire Bar Association

      Defense Counsel of Rhode Island
    • Honors + Awards

      Honors + Awards

      Providence Business Journal, 2010 "40 Under Forty"

      Listed in The Best Lawyers in America® in the area of Litigation - Insurance for 2016 and 2017 (Copyright 2017 by Woodward/White, Inc., Aiken, SC)

    • Community Involvement

      Community Involvement

      Perspectives Corporation, for residential and vocational services for developmentally disabled adults and children
      Human Rights Committee

      Town of Westerly, Rhode Island
      Chairperson of the Board of Assessment Review

      Springbrook Elementary School PTO

      Hopkinton Recreation Youth Basketball
      Coach

      Ocean Community YMCA
      Member, Spinning Instructor
  • NEWS + PRESS
    • Publications

      Publications

      "Tips For A Successful Subrogation Practice," published in ABA Young Lawyers Division, TIPS Quarterly Web Publication (2009)

    • Presentations

      Presentations

      "Digesting the Law of Food Allergies," moderator for this session at the Rhode Island Bar Association Annual Meeting (6/17/2016)
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      "The Future Is Not What It Used to Be—E-Discovery Tips and Traps," co-presented with Superior Court Justice Brian Stern and Paul Kessimian, Esq., at the Rhode Island Bar Association's Annual Meeting in Providence, Rhode Island (6/18/2015)
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      "Asking the Right Financial Questions during Discovery," at Rhode Island Bar Association Annual Meeting, co-presented with Jean Lehman (6/14/2012)

    • News

      R+C in the News

      • March 23, 2017

        Robinson+Cole Lawyers Attend Women's Summit at Bryant University

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      • December 16, 2016

        Providence Office Participates in the Children’s Friend Annual Holiday Drive

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      • July 21, 2016

        Dana Horton Reappointed Chair of RIBA's Superior Court Bench/Bar Committee for Third Term

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      • June 28, 2016

        Dana Horton Discusses How Educational Institutions Can Deal with the Rising Prevalence of Food Allergies

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      • May 11, 2016

        Robinson+Cole Women Lawyers Listed in Best Lawyers Spring Business Edition

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      • March 30, 2016

        Robinson+Cole Lawyers Attend Women's Summit at Bryant University

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      • December 17, 2015

        Providence Office Participates in Spirit of Giving Drive

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      • December 3, 2015

        Dana Horton Appointed to U.S. District Court LRRC Committee

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      • October 9, 2015

        Dana Horton Quoted in Rhode Island Lawyers Weekly Article

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      • July 22, 2015

        Dana Horton Presents on E-Discovery at RIBA Annual Meeting

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      • December 17, 2014

        Providence Office Participates in Spirit of Giving Drive

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      • July 3, 2014

        Providence Lawyer Selected to Chair Rhode Island Bar Association Committee

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      • May 20, 2014

        Dana Horton Presides Over NLCBA Law Day Luncheon

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      • April 23, 2014

        Robinson+Cole Women Attend Summit at Bryant University

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      • January 16, 2014

        Dana Horton Leads Food Drive to Benefit Charities

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      • June 26, 2013

        Providence Lawyers Elected to Rhode Island Bar Association's House of Delegates

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      • June 14, 2013

        Providence Lawyer Sworn In as NLCBA President

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      • March 28, 2013

        Providence Lawyer Chairs NLCBA's Winter Event

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      • January 2, 2013

        Providence Office Continues Donating to Defense Counsel of Rhode Island Food Drive

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      • July 3, 2012

        Associate Dana Horton Delivers Presentation on Financial Questions During Discovery

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      • January 2, 2012

        Providence Office Continues Donating to Defense Counsel of Rhode Island Food Drive

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      • March 22, 2011

        Litigation Associate Chairs Portrait Unveiling Ceremony for Superior Court Judges

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      • June 16, 2010

        Robinson & Cole Attorney to Serve Fourth Term on New London Bar Association Board

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      • April 26, 2010

        Robinson & Cole Subrogation Attorneys are Featured Speakers at National Association of Subrogation Professionals Seminar

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      • February 16, 2010

        Robinson & Cole Attorney Appointed to Human Rights Committee for Perspectives Corporation

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      • August 18, 2009

        Robinson & Cole Attorneys Appointed to Rhode Island Bar Association Federal Court Bench/Bar Committee

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      R+C News Releases

      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

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      • December 11, 2013

        Robinson & Cole Elects Four New Partners and Promotes Six Counsel

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      • August 12, 2010

        Providence Business News Names Dana Horton As “40 Under Forty” Recipient

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