Stephen D. Palley

Bar Admissions

• District of Columbia
• Missouri
• New York

Court Admissions

• United States Court of Appeals for the Seventh Circuit
• United States District Court for the District of Columbia
• United States District Court for the District of Maryland
• United States District Court for the Eastern District of Missouri
• United States District Court for the Southern District of Illinois
• United States District Court for the Southern District of New York

Education

• Washington University in St. Louis School of Law (J.D.)
• University of Delaware (M.A.)
• Tufts University (B.A., cum laude)

Stephen D. Palley

Experience

Stephen D. Palley is a principal in Ober|Kaler's Construction Group. He specializes in insurance coverage litigation with a construction industry focus, as well as complex construction defect litigation. Stephen has also advised clients on the development and negotiation of insurance and risk-transfer programs for some of the largest construction projects in the United States, including power plants, airports, sports venues and hospitals. A regular speaker and writer on construction insurance-related topics, he is the lead editor of, and a contributing author to, Construction Insurance, a treatise published by the ABA Forum on the Construction Industry. Stephen is also a member of the team awarded the 2008 and 2010 Chambers USA Award for Excellence in Construction. He was recognized in the 2013 edition of DC Super Lawyers in the Construction Litigation practice area.

He is also an experienced trial lawyer and advocate, and served as adjunct professor and trial team coach for the Washington University School of Law’s nationally recognized trial advocacy program.

Representative Cases

- Representation of construction managers, contractors and owner/developers in connection with builders risk claims and litigation arising out of construction of airports, libraries and hotels.

- Representation of owner/developer in connection with complex multi-party construction defect lawsuits and claims involving allegedly defective building components in multiple jurisdictions.

- Representation of owner/developer in connection with procurement, negotiation and placement of insurance coverage for construction of $600 million-plus design/build sports arena in major U.S. metropolitan area, including bond rating and investor presentations.

- Representation of owner/developer in connection with insurance coverage denial on the eve of trial of bodily injury claim arising out of construction of the landmark Manhattan high-rise in Manhattan. Successfully negotiated eight-figure settlement with excess carrier after filing summary judgment motion.

- Representation of medical practice and physicians in connection with insurance coverage dispute with professional liability insurer case and successful resolution of the same, leading to withdrawal of late coverage denial and defense and indemnity in underlying litigation with eight-figure damages claim.

- Representation of construction manager in connection with procurement, negotiation, placement and litigation of insurance coverage for professional sports venues, airports, new hospital construction and other major infrastructure projects across the United States.

- Representation of medical facility in connection with procurement, negotiation and placement of insurance coverage for construction of $500 million new hospital construction.

- Representation of “at risk” construction manager in connection with claim under E & O policy related to construction of new medical facility.

- Representation of EPC contractor in connection with procurement, negotiation and placement of insurance coverage for power plants in north eastern United States.

- Representation of various parties in connection with procurement, negotiation and placement of insurance coverage for Ground Zero reconstruction in lower Manhattan.

- Representation of owner/developer in negotiations with London insurance markets for placement of unique coverage for tunnel construction adjacent to existing damaged property.

- Negotiation and placement of D & O policies for financial services and investment industry clients.

- Representation of policyholders in reported cases such as Stanley Martin v. Ohio Casualty Group, 2009 U.S. App. Lexis 2758 (4th Cir. 2009) (confirming that standard CGL policies provide insurance coverage for property damage resulting from allegedly defective construction); Hunt Construction Group v. Allianz Global Risk, 503 F.3d 632 (2007) (Rejecting insurer argument that builders risk policy written for major construction project at Detroit airport should be considered a "standard fire policy" for limitations purposes).

- Representation of satellite manufacturer in connection with property loss to satellite during course of construction under London marine insurance policy form.

- Representation of condominium association in connection with successful $2 million settlement of construction defect claims related to defective balconies on high-end residential condominium building in Washington, DC. This matter involved resolution of claims with insurers, a surety, developer and trade contractors.

Professional Memberships

• American Bar Association
  • Forum on the Construction Industry
    • Publications Committee

Community Service

• Washington University School of Law
  Adjunct Professor/Trial Team Coach, 2011

Honoraries

• Listed in Washington, DC Super Lawyers, 2013