Dana M. Horton

(she/her/hers)

Partner

  • 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. Dana's 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, and she serves as a co-chair of the firm’s Women’s Committee.

    Large Loss Property Subrogation

    Dana 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. Dana 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.

    Dana 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

    Dana 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. Dana also has used alternative dispute resolution strategies to assist clients with coverage disputes. In Indian Harbor Insurance Company v. Assurance Company of America, she 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. Dana regularly contributes to the firm's Property Insurance Coverage Insights blog.

    Bad Faith Litigation

    Dana 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, she 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.

    Arbitration and Mediation

    Dana was appointed as an arbitrator in the Rhode Island Superior Court-Annexed Arbitration program by the Honorable Alice Gibney, Presiding Justice of the Rhode Island Superior Court. Justice Gibney also appointed her to serve as a mediator during the Rhode Island Superior Court Settlement Week. 

    Pro Bono

    Dana 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, Dana 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, Dana served a one-year appointment as a judicial law clerk with the State of Connecticut Superior Court.

    She has been honored as a 2021 Leader in the Law by Rhode Island Lawyers Weekly and recognized in Rhode Island Monthly’s Professional Excellence in Law awards in the area of Insurance from 2020 to 2022. Dana has also been listed in The Best Lawyers in America© in the area of Litigation - Insurance since 2016.

  • 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. Ms. Horton successfully obtained summary judgment and convinced 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.

      • Tried a property damage subrogation case to verdict in Massachusetts state court in June 2014 and obtained a jury verdict in excess of $1 million on behalf of several insurance company clients and insureds.

      • Represented an insurance company in a large underinsured motorist claim which sought millions in damages (including extra contractual and bad faith damages). Obtained voluntary dismissal of bad faith claim at the trial court level and persuaded counsel to engage in a three-person panel binding arbitration proceeding, which resulted in a great result for the insurer.

      • Successfully defended insurer and obtained summary judgment against a direct action claim made within the context of a complex dram shop act case involving serious personal injuries and damages.

      • Obtained summary judgment in United States District Court for the District of Rhode Island in a case involving a claim for coverage of damage caused by water. The case turned on the water exclusion contained within the property insurance policy, and the decision confirmed there was no coverage for damage caused by water that seeped into the building through an underground source. 

    • Professional Associations

      Professional Associations

      National Association of Subrogation Professionals

      Defense Research Institute

      American Bar Association

      Rhode Island Bar Association
      Executive Committee Member
      Federal Court Bench and Bar Committee
      Superior Court Bench/Bar Committee
      House of Delegates (2009 - Present)
      Chairperson, Annual Meeting Committee
      Volunteer Lawyer Program
      Technology Committee, E-Filing Task Force

      Rhode Island Bar Foundation
      Fellow

      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

      Recognized as a 2021 Leader in the Law by Rhode Island Lawyers Weekly

      Recognized in Rhode Island Monthly’s Professional Excellence in Law awards in the area of Insurance from 2020 to 2022.

      Providence Business Journal, 2010 "40 Under Forty"

      Selected by her peers for inclusion in The Best Lawyers in America© in the area of Litigation-Insurance since 2016, in the areas of Insurance Law and Personal Injury Litigation-Defendant for 2022, and in the area of Mediation for 2023. 

      Robinson+Cole Mentor of the Year Award Recipient, 2021

    • Community Involvement

      Community Involvement

      Go Red for Women, American Heart Association, Rhode Island

      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

      Hopkinton Recreation Youth Basketball
      Past Coach

      Ocean Community YMCA
      Member, Spinning Instructor

      Springbrook Elementary School PTO
      Past President
  • NEWS + PRESS
    • Publications

      Publications

      A Practical Guide to Discovery and Depositions in Rhode Island, 2nd edition 2019, published by Massachusetts Continuing Legal Education Inc. (MCLE). She edited/updated Chapter 25 entitled "Electronic Discovery" in this publication. (3/4/2022)
      • » more info
      • View article

      A Practical Guide to Discovery and Depositions in Rhode Island, 2nd edition 2019, published by Massachusetts Continuing Legal Education Inc. (MCLE). She edited/updated Chapter 23 entitled “Discovery from Out-of-State and Foreign Nonparty Witnesses” in this publication. (3/4/2022)
      • » more info
      • View article

      "Discovery from Out of State and Foreign Nonparty Witnesses," published in A Practical Guide to Discovery and Depositions in Rhode Island, 2019 by MCLE New England (8/12/2019)
      • » more info

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

    • Presentations

      Presentations

      "Beyond Our Borders: Service of Out-Of-State Subpoenas and Depositions in RI State and Federal Court," during the 2019 Rhode Island Bar Association Annual Meeting in Providence (6/14/2019)

      "A Defense Attorney's Perspective for the Fire Investigator," co-presented with Daniel F. Sullivan, as part of the Connecticut Fire Academy’s 24th Annual Advanced Fire Investigation School program in Windsor Locks, Connecticut. (5/1/2019)
      • » more info

      "Success at a Law Firm and Becoming Partner," as part of the Rhode Island Women's Bar Association Success in the World of Law CLE Series (6/26/2018)
      • » more info

      "Discovery of Electronic Materials Comes to Superior Court," presented during the 2018 Rhode Island Bar Association Annual Meeting (6/21/2018)
      • » more info

      "Digesting the Law of Food Allergies," moderator for this session at the Rhode Island Bar Association Annual Meeting (6/17/2016)
      • » more info

      "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)
      • » more info

      "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

      • July 12, 2022

        Dana Horton Reappointed to Rhode Island Bar Association Leadership Positions

        • » more info
      • June 27, 2022

        Providence Lawyers Receive Distinctions During Rhode Island Bar Foundation and Association Annual Meetings

        • » more info
      • May 27, 2022

        Steve Boyajian and Dana Horton Receive 2022 Rhode Island Monthly Professional Excellence in Law Awards

        • » more info
        • View article
      • February 17, 2022

        Rhode Island Bar Association Spotlights Dana Horton in Diversity & Inclusion Newsletter

        • » more info
      • July 30, 2021

        Robinson+Cole Presents Annual Awards for Outstanding Contributions

        • » more info
      • July 8, 2021

        Steve Boyajian and Dana Horton Reappointed to Rhode Island Bar Association Leadership Positions

        • » more info
      • June 3, 2021

        Steve Boyajian and Dana Horton Receive Rhode Island Monthly Professional Excellence in Law Awards

        • » more info
        • View article
      • April 6, 2021

        Dana Horton and Kathryn Rattigan Profiled in Rhode Island Lawyers Weekly Excellence in the Law 2021 Special Section

        • » more info
        • View article
      • June 17, 2020

        Dana Horton Receives Rhode Island Monthly Professional Excellence in Law Award

        • » more info
        • View article
      • August 22, 2019

        Dana Horton Authors Chapter in Rhode Island Discovery and Depositions Guide

        • » more info
      • May 2, 2019

        Dan Sullivan and Dana Horton Present at Connecticut Fire Academy

        • » more info
      • December 27, 2018

        Providence Office Continues its “Spirit of Giving” by Participating in Annual Holiday Food Drive

        • » more info
        • View article
      • December 19, 2018

        Providence Office Demonstrates the “Spirit of Giving” by Supporting Annual Holiday Drive

        • » more info
        • View article
      • August 20, 2018

        52 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2019

        • » more info
        • View article
      • July 12, 2018

        Dana Horton Shares Insights on the Path to Partnership During Rhode Island Women’s Bar Association Program

        • » more info
      • July 5, 2018

        Dana Horton Presents on Discovery of Electronic Materials During 2018 RIBA Annual Meeting

        • » more info
      • June 4, 2018

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

        • » more info
      • March 19, 2018

        Robinson+Cole Lawyers Support Annual Bryant University Women’s Summit®

        • » more info
      • December 20, 2017

        Providence Office Demonstrates the “Spirit of Giving” by Supporting Annual Toy Drive

        • » more info
      • August 14, 2017

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

        • » more info
      • March 23, 2017

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

        • » more info
      • December 16, 2016

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

        • » more info
      • July 21, 2016

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

        • » more info
      • June 28, 2016

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

        • » more info
      • May 11, 2016

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

        • » more info
      • March 30, 2016

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

        • » more info
      • December 17, 2015

        Providence Office Participates in Spirit of Giving Drive

        • » more info
      • December 3, 2015

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

        • » more info
      • October 9, 2015

        Dana Horton Quoted in Rhode Island Lawyers Weekly Article

        • » more info
      • July 22, 2015

        Dana Horton Presents on E-Discovery at RIBA Annual Meeting

        • » more info
      • December 17, 2014

        Providence Office Participates in Spirit of Giving Drive

        • » more info
      • July 3, 2014

        Providence Lawyer Selected to Chair Rhode Island Bar Association Committee

        • » more info
      • May 20, 2014

        Dana Horton Presides Over NLCBA Law Day Luncheon

        • » more info
      • April 23, 2014

        Robinson+Cole Women Attend Summit at Bryant University

        • » more info
      • January 16, 2014

        Dana Horton Leads Food Drive to Benefit Charities

        • » more info
      • June 26, 2013

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

        • » more info
      • June 14, 2013

        Providence Lawyer Sworn In as NLCBA President

        • » more info
      • March 28, 2013

        Providence Lawyer Chairs NLCBA's Winter Event

        • » more info
      • January 2, 2013

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

        • » more info
      • July 3, 2012

        Associate Dana Horton Delivers Presentation on Financial Questions During Discovery

        • » more info
      • January 2, 2012

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

        • » more info
      • March 22, 2011

        Litigation Associate Chairs Portrait Unveiling Ceremony for Superior Court Judges

        • » more info
      • June 16, 2010

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

        • » more info
      • April 26, 2010

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

        • » more info
      • February 16, 2010

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

        • » more info
      • August 18, 2009

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

        • » more info

      R+C News Releases

      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

        • » more info
        • View article
      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

        • » more info
        • View article
      • April 13, 2021

        Dana Horton and Kathryn Rattigan Selected for Rhode Island Lawyers Weekly 2021 Excellence in the Law Recognitions

        • » more info
        • View article
      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

        • » more info
        • View article
      • August 15, 2019

        57 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2020

        • » more info
        • View article
      • December 11, 2017

        Robinson+Cole Elects New Partners

      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

        • » more info
        • View article
      • August 15, 2016

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

        • » more info
        • View article
      • August 18, 2015

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

        • » more info
        • View article
      • December 11, 2013

        Robinson & Cole Elects Four New Partners and Promotes Six Counsel

        • » more info
        • View article
      • August 12, 2010

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

        • » more info
        • View article