Rhonda Tobin

Rhonda J. Tobin

Partner

Rhonda J. Tobin

Partner

  • Overview

    Biography

    Rhonda Tobin has represented insurance companies for almost 30 years in litigation of disputes involving insurance and reinsurance coverage, insurance bad faith and extracontractual liability, and professional liability. Ms. Tobin is co-chair of the firm’s Litigation Section and a member of the firm's Managing Committee.

    Insurance Coverage Litigation

    Ms. Tobin's insurance coverage practice includes the arbitration and litigation of a broad range of coverage issues under commercial general liability, property and professional liability policies, including claims for insurance bad faith or extracontractual liability. She has significant trial experience, both to juries and to the bench, in state and federal courts.

    Her insurance coverage practice includes substantial experience in property claims-related litigation, including high-profile insurance coverage litigation arising out of the September 11 catastrophe. She represented a commercial property insurer in several multi-million dollar cases involving business interruption and property damage losses in the wake of the terrorist attack. In a homeowners’ fire case, she obtained a significant jury verdict for an insurance company client, including a finding of fraud on the part of the policyholder and a $330,000 damages award for her client, a verdict which was affirmed by the Second Circuit Court of Appeals. Her insurance coverage practice includes significant experience with directors’ and officers’ liability coverage and other professional liability coverage matters.

    Ms. Tobin's reinsurance experience includes the arbitration and litigation of reinsurance disputes related to property and casualty and workers' compensation reinsurance.

    Bad Faith Litigation

    Ms. Tobin has significant experience advising clients about potential extracontractual exposure and litigating bad faith cases through trial. She has been retained on the eve of trial to take over the defense of a bad faith case. She regularly trains and counsels her clients on good faith claim investigation and claim settlement practices.

    Professional Liability Insurance

    Ms. Tobin’s professional liability defense work includes defending claims against lawyers, accountants, insurance agents and brokers, financial planners, and other professionals. Ms. Tobin has a record of successful outcomes on behalf of professionals who have been the target of claims. She successfully defended a Connecticut state marshal in a case involving the legality of entering a home, and obtained summary judgment on the basis of the qualified immunity doctrine.

    Ms. Tobin has been listed as one of the Top 250 Women Litigators in the United States and a Local Litigation Star by Benchmark Litigation. She has been included on the Connecticut Super Lawyers® list in the area of Insurance Coverage. She is a Fellow in the highly selective American College of Coverage and Extracontractual Counsel. 

  • Experience
    • Experience

      Experience

      • Litigated D&O insurer’s grounds to challenge court order requiring review and production of thousands of "other insured" claims files, at a cost certain to exceed $1 million, in declaratory judgment coverage dispute that included claims of bad faith settlement practices. Represented D&O insurer for third-party defendant in action brought to recover for services allegedly rendered in connection with a failed corporate acquisition. The third-party complaint sought to hold individual insured under D&O policy liable for alleged breaches of fiduciary obligations owed to board of directors of named insured. The coverage disputes included the application of the insured v. insured exclusion in the D&O policy, apportionment disputes between the individual insured and a noninsured entity represented by joint defense counsel, and the assertion of extracontractual claims under the applicable insurance claims-handling statute.

      • Represented insurers and reinsurers in efforts to obtain protective orders precluding discovery of communications with reinsurers and reinsurers' claim files.
      • Prevailed in reinsurance arbitration against program reinsurer over monies owed under multiple years’ contracts reinsuring commercial liability, property, and liquor liability losses. Arbitration included actuarial assessments of future losses and expert opinions regarding claim handling. Also obtained favorable rulings regarding prehearing security and attorneys' fees.
      • Representation of insurance agent in lawsuit brought by clients related to misrepresentations in application that voided coverage and duty to verify accuracy of information in application.
      • Representation of financial planner in lawsuit brought by investor client for inappropriate sale of annuities and life insurance products.
      • Representation of banking lawyer in suit by FDIC over failure of community bank and litigated issues related to scope of attorney’s duty regarding due diligence about borrower.
      • Representation of TPA in errors and omissions claims by client who provided notice of fatality occurrence and subsequent wrongful death action to TPA but not to insurer, resulting in insurer denying coverage based on late notice.
      • Representation of insurance agency in defense of errors and omissions claim that agent confirmed the existence of coverage by issuing Certificate of Insurance to contractor when coverage had been terminated.

      • Represented Lawyers Professional Liability insurer in coverage disputes regarding whether allegations against law firm involved billing practices of firm or the rendering of professional services.

      • Representation of D&O insurer in coverage litigation concerning six underlying actions alleging death spiral financing and fraud and concerning the applicability of late notice/prejudice issues, prior and pending litigation and prior knowledge exclusions, interrelated wrongful acts interpretation, and disputes regarding allocation of defense expenses among covered and uncovered parties and claims. Obtained summary judgment on late notice.
      • Successfully obtained summary judgment on behalf of defendant in nationwide class action challenging defendant’s business practices concerning its administration of one of its annuity products. The plaintiff class consisted of members from 51 jurisdictions.
      • Represented a commercial property insurer in several multimillion-dollar cases involving business interruption and property damage losses due to the 9/11 terrorist attack on the World Trade Center. Successfully briefed motion for summary judgment on the "period of restoration" and consequential damages (2005 U.S. Dist. LEXIS 5389).
      • Representation of insurer in action brought by homeowners that arose from a fire at their residence. Following denial of future insurance proceeds to the plaintiffs because of the concealment and fraud provision of the subject policy, the insureds brought a cause of action for breach of contract, negligence, negligent infliction of emotional distress, unfair trade practices, and bad faith. The firm was retained a few months before the start of jury selection and was tasked with completing all expert discovery and preparing the case for trial. After five days of jury selection and five days of evidence, a favorable settlement was reached for the client.
      • Won multimillion-dollar summary judgment on behalf of insurer seeking payment involving a large risk alternative rating and insurance program agreement entered into with a national retail chain. Also recovered attorneys’ fees and costs for the costs of the litigation.
      • Successfully defended Connecticut state marshal in case of first impression regarding whether a civil capias grants authority to enter a home without consent or exigent circumstances. No court in the country had conclusively resolved whether a civil capias is equivalent to a Fourth Amendment arrest warrant. After extensive briefing on the history and origins of the capias warrant, the District of Connecticut granted summary judgment in favor of the state marshal on the basis of the qualified immunity doctrine. Milner v. Duncklee, 460 F. Supp. 2d 360 (D. Conn. 2006).
      • Successfully defended life insurance company in jury trial in federal court in Massachusetts concerning denial of life insurance benefits under cancelled insurance policy.
      • Successfully represented insurance company in parallel reinsurance disputes with its Bermuda reinsurer, obtaining almost $1 million of collateral required under several programs of insurance.

      • Obtained a significant jury verdict for an insurance company client following a nine-day trial in Connecticut federal court. The case arose out of a series of property insurance claims made in 2011, after a significant water loss was followed by a total fire loss at the plaintiff's home. We defended the case based on the insurance policy's concealment or fraud provision and also asserted counterclaims for breach of contract and fraud. The plaintiff sought approximately $2 million while our client counterclaimed for the money it paid the plaintiff prior to discovering the fraud. The jury found against the plaintiff on the breach of contract claim and found for our client on its counterclaims for fraud and misrepresentation. Our client was awarded $330,000 in damages.

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    • Professional Associations

      Professional Associations

      American College of Coverage and Extracontractual Counsel
      Fellow

      Defense Research Institute
      Insurance Law Committee, Professional Liability Committee, Regional Editor of Covered Events for Insurance Law Committee newsletter (1992 - 1996)

      Claims and Litigation Management Alliance (CLM)
      Member of Extra Contractual Committee

      Professional Liability Underwriting Society
      Hartford Chapter Steering Committee (2012 - 2017)

      United States Law Firm Group
      Chair of Litigation Committee (2007 - 2016)

      American Bar Association
      Section of Litigation, Professional Liability Section newsletter Professional Liability Update, New England Editor (1998 - 1999)
      Tort Trial and Insurance Practice Section, Vice Chair of Professionals' Officers' and Directors' Liability Committee (2001 - 2010)

      Connecticut Bar Association
      Insurance Law Section
      Litigation Section

      Connecticut Defense Lawyers Association

      AIDA Reinsurance and Insurance Arbitration Society, ARIAS US

      American Bar Foundation
      Fellow

      Connecticut Bar Foundation
      James W. Cooper Fellow
      History of Connecticut Women in the Legal Profession Project

      University of Connecticut School of Law
      Adjunct Professor (2007 - 2009)

      Connecticut Insurance and Financial Services Cluster
    • Honors + Awards

      Honors + Awards

      Listed as one of the Top 250 Women Litigators in the United States by Benchmark Litigation since 2014.

      Listed as a Local Litigation Star in Benchmark Litigation since 2015

      Connecticut Law Tribune, 2010, recognized in Women in the Law: High Achievers yearbook

      Selected to the Connecticut Super Lawyers list in 2007 and 2017.

    • Community Involvement

      Community Involvement

      Hartford Stage Company
      Board of Directors (2017)
  • NEWS + PRESS
    • Publications

      Publications

      "Connecticut Attorney Liability Rulings Bring Cheers, Jeers," published in Connecticut Law Tribune (2003)

      New England editor, Professional Liability Update, a publication of the American Bar Association's Litigation Section Professional Liability Committee (1998)

      "Surviving the '90s: Ethical Concerns in Today's Legal Market," published in Connecticut Law Tribune (1996)

      Regional editor, Covered Events, a publication of the Defense Research Institute's Insurance Law Committee (1992 to 1996)

      "Preservation and Spoliation of Evidence," published in A Practical Guide to Discovery & Depositions in Connecticut, co-authored with Jeffrey J. White; chapter covers the preservation and spoliation of evidence in the civil context in Connecticut state court; it is part of a new publication that is the most comprehensive coverage to date of discovery and deposition issues in Connecticut and was authored by leading practitioners at the largest firms in the state. The first edition was published in 2011, the second edition in 2013. (2011 & 2013)

    • Presentations

      Presentations

      "Policy Limit Demands: The New Plaintiff’s Strategy and How to Protect Insurers and Defense Counsel," at the Claims and Litigation Management Alliance Annual Conference in Houston, Texas (3/15/2018)
      • » more info

        • Policy Limit Demands: The New Plaintiff’s Strategy and How to Protect Insurers and Defense Counsel

        "Policy Limit Demands: The New Plaintiff’s Strategy and How to Protect Insurers and Defense Counsel," presented by Rhonda J. Tobin, at the Claims and Litigation Management Alliance Annual Conference in Houston, Texas (3/15/2018)

        The CLE program addressed the new wave of policy limit demands, how they impact the claim adjustment process, and the potential legal exposure they create. The session concluded with a review of best practices for insurers in responding to the demands. 


      "Preserving the Privilege—The Erosion of Protections for Confidential Communications Between In-House Attorneys, Claim Professionals, and Outside Counsel," co-presented with Stephen O. Clancy and Gregory P. Varga, as part of the Insurance In-House Counsel CLE Series (1/11/2018)
      • » more info

        • Preserving the Privilege—The Erosion of Protections for Confidential Communications Between In-House Attorneys, Claim Professionals, and Outside Counsel

        "Preserving the Privilege—The Erosion of Protections for Confidential Communications Between In-House Attorneys, Claim Professionals, and Outside Counsel," co-presented by Rhonda J. Tobin, Stephen O. Clancy and Gregory P. Varga, as part of the Insurance In-House Counsel CLE Series (1/11/2018)

        Attendees were led through an interactive discussion on the intricacies of recognizing situations in which attorney-client privilege is preserved and when it may be inadvertently waived in communications between in-house counsel and insurance claims adjusters.

        The presentation was the first in a newly launched “Insurance In-House Counsel CLE Series” that offers continuing legal education (CLE) and networking catered exclusively to in-house counsel and attorney claim professionals in the insurance industry.


      "Underwriting Issues in Insurance Claims," co-presented with Eugene P. Murphy, at AIG Claims, Inc., in New York City (2/16/2017)
      • » more info

        • Underwriting Issues in Insurance Claims

        "Underwriting Issues in Insurance Claims," co-presented by Rhonda J. Tobin and Eugene P. Murphy, at AIG Claims, Inc., in New York City (2/16/2017)

        The presentation focused on underwriting issues, legal remedies concerning those issues, and underwriters as witnesses. The attendees included 50 lawyers who handle complex liability claims and their managers.


      "D&O Insurance by the Number$," at Connecticut Bar Association's Insurance Law Section (2011)

      "ABCs of D&O Insurance," at Connecticut Bar Association's Insurance Law Section (2003)

      "Third Party Coverage in Connecticut," at National Business Institute, responsible for directors' and officers' liability insurance portion (1996)

      "Effective Motion Practice in Connecticut," at Lorman Education Service (1995, 1996, 1997)

    • News

      R+C in the News

      • June 6, 2018

        Rhonda Tobin Presents Seminar on Policy Limit Demands

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          Rhonda Tobin Presents Seminar on Policy Limit Demands

          Insurance + Reinsurance Group lawyer Rhonda J. Tobin presented a seminar on “Policy Limit Demands” to in-house counsel and claim professionals from W. R. Berkley Company, Berkley Professional, Berkley Custom Insurance Managers, Berkley Public Entity Managers, Berkley Global Product Recall, and Vela Insurance in New York City on May 22, 2018. Ms. Tobin covered the increased frequency of policy limit demands, the exposures to insurers for not properly responding to those demands, and insurer best practices.

      • March 21, 2018

        Rhonda Tobin Presents at Claims and Litigation Management Alliance Annual Conference

        • » more info

          Rhonda Tobin Presents at Claims and Litigation Management Alliance Annual Conference

          Insurance + Reinsurance Group Lawyer Rhonda J. Tobin co-presented a program on “Policy Limit Demands: The New Plaintiff’s Strategy and How to Protect Insurers and Defense Counsel” on March 15, 2018 at the Claims and Litigation Management Alliance Annual Conference in Houston, Texas. The CLE program addressed the new wave of policy limit demands, how they impact the claim adjustment process, and the potential legal exposure they create. The session concluded with a review of best practices for insurers in responding to the demands. 

      • January 25, 2018

        Steve Clancy, Rhonda Tobin, and Greg Varga Present on Attorney-Client Privilege as Part of New Insurance In-House Counsel CLE Series

        • » more info

          Steve Clancy, Rhonda Tobin, and Greg Varga Present on Attorney-Client Privilege as Part of New Insurance In-House Counsel CLE Series

          Insurance + Reinsurance Group lawyers Stephen O. Clancy, Rhonda J. Tobin, and Gregory P. Varga presented a program on “Preserving the Privilege—The Erosion of Protections for Confidential Communications Between In-House Attorneys, Claim Professionals, and Outside Counsel” on January 11, 2018 at the firm. Attendees were led through an interactive discussion on the intricacies of recognizing situations in which attorney-client privilege is preserved and when it may be inadvertently waived in communications between in-house counsel and insurance claims adjusters. The program was followed by an informal networking reception.

          The presentation was the first in a newly launched “Insurance In-House Counsel CLE Series” that offers continuing legal education (CLE) and networking catered exclusively to in-house counsel and attorney claim professionals in the insurance industry. The next program in the series is scheduled to take place on March 29, 2018.

      • February 21, 2017

        Rhonda Tobin and Eugene Murphy Speak on Underwriting Issues in Insurance Claims

        • » more info

          Rhonda Tobin and Eugene Murphy Speak on Underwriting Issues in Insurance Claims

          Insurance + Reinsurance Group lawyers Rhonda J. Tobin and Eugene P. Murphy spoke to a group of in-house lawyers at AIG Claims, Inc., on February 16, 2017, in New York City. Their presentation, "Underwriting Issues in Insurance Claims," focused on underwriting issues, legal remedies concerning those issues, and underwriters as witnesses. The attendees included 50 lawyers who handle complex liability claims and their managers.

      • July 31, 2013

        Hartford Lawyers Co-author Chapter on Preservation and Spoliation of Evidence for Leading Publication on Discovery Issues

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          Hartford Lawyers Co-author Chapter on Preservation and Spoliation of Evidence for Leading Publication on Discovery Issues

          Robinson & Cole litigation partners Rhonda J. Tobin and Jeffrey J. White coauthored a chapter in A Practical Guide to Discovery and Depositions in Connecticut, published on April 25, 2013. The chapter, titled "Preservation and Spoliation of Evidence," updated the chapter they published in 2011, which covers the preservation and spoliation of evidence in the civil context in Connecticut state courts. The guide is published by MCLE New England, an imprint of Massachusetts Continuing Legal Education, Inc., dedicated to providing practical print and online resources for lawyers throughout New England.
      • January 24, 2012

        Partner Rhonda Tobin Quoted on Robinson & Cole’s Commitment to Advancing Women

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          Partner Rhonda Tobin Quoted on Robinson & Cole’s Commitment to Advancing Women

          Insurance and reinsurance partner Rhonda J. Tobin was quoted in the story, “Cracking the Glass Ceiling,” published in the Connecticut Law Tribune on January 9, 2012. She discussed the advancement of women to partner and leadership positions at Robinson & Cole compared to a national survey.
      • February 16, 2011

        Rhonda Tobin Discusses Directors and Officers Insurance at CBA Program

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          Rhonda Tobin Discusses Directors and Officers Insurance at CBA Program

          Insurance and Reinsurance Practice Group Partner Rhonda J. Tobin recently spoke at the Connecticut Bar Association Insurance Law Section program “D&O Insurance by The Number$,” attended by more than 50 insurance professionals and lawyers. Ms. Tobin was one of three panelists who spoke about directors and officers insurance, the evolution of these insurance products, and the hot legal and coverage issues associated with these policies in the current economic climate.
      • February 10, 2011

        Attorneys Coauthor Chapter on Preservation and Spoliation of Evidence for Leading Publication on Discovery Issues

        • » more info

          Attorneys Coauthor Chapter on Preservation and Spoliation of Evidence for Leading Publication on Discovery Issues

          Litigation attorneys Rhonda J. Tobin and Jeffrey J. White coauthored a chapter in A Practical Guide to Discovery & Depositions in Connecticut. The chapter, titled “Preservation and Spoliation of Evidence,” covers the preservation and spoliation of evidence in the civil context in Connecticut state courts. This new publication is the most comprehensive coverage to date of discovery and deposition issues in Connecticut, and was authored by leading practitioners at the largest firms in the state. The guide is published by MCLE New England, an imprint of Massachusetts Continuing Legal Education, Inc., which is dedicated to providing practical print and online resources for lawyers throughout New England.

          For more information or to order a copy, please click here.

      • September 10, 2010

        Women in the Law and in the News

      R+C News Releases

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 56 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2017. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 29 attorneys at the firm were recognized as “Rising Stars.” An explanation of the Super Lawyers methodology can be found here.

          See the list of included lawyers in the news release.

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      • September 29, 2017

        Robinson+Cole Recognized by Benchmark Litigation

      • August 2, 2017

        Rhonda Tobin Among Benchmark Litigation’s Top 250 Women in Litigation

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          Rhonda Tobin Among Benchmark Litigation’s Top 250 Women in Litigation

          Benchmark Litigation has named Insurance + Reinsurance Group lawyer Rhonda J. Tobin one of its Top 250 Women in Litigation for 2017. In this national list published on July 31, 2017, she is one of only three female litigators chosen in the state of Connecticut. Benchmark Litigation’s Top 250 Women in Litigation recognizes the accomplishments of America’s leading female trial lawyers from all 50 states and the District of Columbia. Read more in the press release.

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      • June 14, 2017

        Rhonda Tobin Elected to Hartford Stage Board of Directors

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          Rhonda Tobin Elected to Hartford Stage Board of Directors

          Hartford Stage, one of the nation’s leading resident theatres, elected Insurance + Reinsurance Group lawyer Rhonda J. Tobin to its Board of Directors during the theatre’s Annual Meeting on June 13, 2017. Hartford Stage is known for producing innovative revivals of classics and provocative new plays and musicals, including 73 world and American premieres, as well as offering a distinguished education program that reaches more than 20,000 students annually. Robinson+Cole has been a longtime supporter of Hartford Stage as a production sponsor for one of the theatre’s seasonal stage shows. Read more in the press release.

      • May 11, 2017

        Rhonda Tobin Elected Fellow of National Insurance Coverage Organization

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          Rhonda Tobin Elected Fellow of National Insurance Coverage Organization

          Rhonda J. Tobin has been elected a Fellow of the American College of Coverage and Extracontractual Counsel (ACCEC). ACCEC is a national organization that comprises almost 300 preeminent lawyers involved in coverage and extracontractual matters, with Fellows representing both policyholders and insurers as well as honorary members from academia. For its membership, the organization seeks lawyers who are distinguished for their skill, experience, and high standards of professional and ethical conduct in the practice of insurance coverage and extracontractual law and who are dedicated to excellence in this area of practice. Read more in the press release.

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      • November 3, 2015

        Robinson+Cole Recognized in Benchmark Litigation 2016

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          Robinson+Cole Recognized in Benchmark Litigation 2016

          Robinson+Cole was again ranked as a "highly recommended" firm in Connecticut in the 2016 edition of Benchmark Litigation. The firm also had the most lawyers recognized as "Local Litigation Stars" in Connecticut. The nine lawyers who earned this honor are Wystan M. Ackerman, Bradford S. Babbitt, Joseph L. Clasen, Nuala E. Droney, Linda L. Morkan, Craig A. Raabe, Rhonda J. Tobin, Theodore J. Tucci, and James A. Wade.

          Benchmark Litigation is the only publication on the market to focus exclusively on litigation in the U.S. Benchmark results are based on comprehensive interviews with litigators and their clients. Firms listed as highly recommended received the most mentions by peers and clients and are held as dominate in their particular jurisdiction. Local litigation stars reflect lawyers who are consistently recommended as reputable and effective litigators by peers and clients. Benchmark is published by Euromoney's Legal Media Group. You can read more about their methodology here.
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      • October 30, 2014

        Robinson+Cole Recognized by Benchmark Litigation

      • August 6, 2014

        Robinson+Cole Lawyers Included in Benchmark Litigation’s Top 250 Women in Litigation

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          Robinson+Cole Lawyers Included in Benchmark Litigation’s Top 250 Women in Litigation

          Benchmark Litigation has named Robinson+Cole lawyers Linda L. Morkan and Rhonda J. Tobin among its Top 250 Women in Litigation for 2014. In this national list published on July 15, 2014, they represent two of the four female litigators chosen in Connecticut.

          Benchmark Litigation's Top 250 Women in Litigation recognizes the accomplishments of America's leading female trial lawyers from all 50 states plus the District of Columbia. The decision to feature a distinguished female litigator is based primarily on targeted research completed during the U.S. Benchmark Litigation review process, with peer review and overall depth of the individual's litigation career important factors. Read more in the press release here.

           

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