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)
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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
Community Service
- Washington University School of Law
Adjunct Professor/Trial Team Coach, 2011 Honoraries
Publications & Presentations
- Presenter, Construction Insurance Coverage Disputes, Audio Conference Series, Lorman Education Services, 2013
- Presenter, "Tools of the Trade: Construction Insurance," Tools of the Trade - Building Skills to Prevent, Mitigate and Resolve Construction Disputes, Webinar Series, ARCADIS, 2012
- Presenter, "Indemnity Clauses," Know Your Risks, Know Your Options, Construction Insurance Program, American Bar Association, 2012
- Co-presenter, "Insurance Coverage Disputes and Construction Defects," Lorman Education Services, 2012
- Co-presenter, "Warning – Construction Area: Real Life Insurance Challenges," Construction Litigation Leaders’ Forum, HB Litigation Conferences, 2012
- Lead Editor, Construction Insurance, Chapter co-author – Chapter 2: Construction Contract Insurance Clauses; Chapter 12: Construction Delays, Insurance Coverage, and Performance Bonds, Forum on the Construction Industry, American Bar Association, 2012
- Author, "Subrogation Waivers," The Construction Lawyer, 2011
- Presenter, "Additional Insured and Contractual Indemnity Coverage in Commercial and Construction Contracts: Reconciling Contractual Obligations With Policy Terms to Maximize Coverage," Strafford Publications, 2011
- Co-author with Arlan Lewis, “Construction Contract Subrogation Waivers: Dangers, Dilemmas, and Opportunities,” Conference Paper, Forum on the Construction Industry, American Bar Association, 2010
- Co-author with Jonathan Barton, Chapter 10: “Credibility and Impeachment of Witnesses,” Missouri Evidence, The Missouri Bar, 2006, Fifth edition, updated 2010
- Presenter, “Insurance Coverage for Nuclear Power Plant Construction," Panel Discussion, Nuclear Construction Summit, 2010
- Author, "How Waivers of Subrogation Can Have Unexpected Consequences for Project Owners," ConstructionWebLinks.com, 2010
- Author, "Bad Smell Can Constitute Property Damage under CGL Policy; Claim Triggered Insurer’s Duty to Defend," ConstructionWebLinks.com, 2010
- Presenter “Conflicts with Additional Insured Coverage,” Webinar, Lorman Education Services, 2009-2010, ongoing
- Presenter, “Basic Principles of Construction Insurance,” Webinar, Lorman Education Services, 2007-2010, ongoing
- Co-author with Jeffrey R. Gans, “CGL Coverage for Construction Contractor Design Exposures,” Risk, 2009
- Author, “Design Risk for Contractors and CMs: How Insurance Addresses the Exposure,” ConstructionWebLinks.com, 2009
- Author, “Broker Held Liable for Failing to Obtain Insurance for Sub Under Wrap-Up Policy,” ConstructionWebLinks.com, 2009
- Presenter, “Construction Insurance 101,” Howrey Webinar, 2009
- Panel moderator, “Risk-Management for the Construction Business: Recent Developments and New Trends for 2010 and Beyond,” Women in Construction Conference, 2009
- Author, “More State Supreme Courts Join Majority Holding that CGL Insurance Covers Damage to Contractor's Work Caused by Subs,” The Construction Lawyer, 2008
- Author, “The Expansion of Insurance Coverage for Defective Construction,” The Construction Lawyer, 2008
- Author, “Insurance Coverage Under Standard Commercial General Liability Policies for Claims Arising Out of Misuse of Personal Data,” The Secure Times, ABA Section on Antitrust Law, Privacy and Information Security Committee, 2008
- Co-author with Laura Thomson, “Standard CGL Policies Provide Coverage for Sub's Construction Defects, Florida Supreme Court Holds,” ConstructionWebLinks.com, 2008
- Presenter, “Insurer Insolvency Issues and the Guaranty Fund,” Mealy's/BVR Comprehensive Construction Defect Claims and Coverage Conference, 2008
- Presenter, “Construction Insurance Best Practices: Builders Risk Insurance,” Construction Insurance Seminar, 2008
- Presenter, “AIA Contracts,” Lorman Education Services, 2008
- Presenter, “Construction Insurance,” Lorman Education Services, 2008
- Presenter, “Wrap Up Insurance,” Thelen Client Seminar, 2008
- Author, “When You Least Expect It, Expect It,” Three & Out: Sports Law eNewsletter, 2007
- Contributing author, Recent Developments in Insurance Coverage Litigation, Torts and Insurance Practice Section, American Bar Association, 2007
- Presenter, “Construction Insurance,” Lorman Education Services, 2007
- Presenter, “Insurance and Legal Liability,” Thelen Client Seminar, 2007
- Presenter, “Insurance for Data Security and Privacy Risks,” Global Privacy and Data Security Conference, 2007
- Presenter, “Construction Insurance,” Lorman Education Services, 2007
- Presenter, “Builders Risk Insurance,” Virginia Bar CLE, 2006
- Presenter, “Construction Risk Transfer,” Lorman Education Services, 2006
- Presenter, “Construction Insurance,” Washington Builders Congress, 2006
- Presenter, “Construction Risk Transfer,” Lorman Education Services, 2006
- Presenter, “Insurance and Indemnity,” CLE Presentation, 2006
- Presenter, “Construction Insurance Bonding and Liens: An Overview,” Lorman Education Services, 2006
- Presenter, “Insurance Coverage for Employment Related Claims,” Client Seminar, 2005
- Presenter, “Using “Bad Faith” to Your Client's Advantage,” CLE Presentation, 2005
- Author, “Insurance Coverage for Lost Computer Data,” Missouri Lawyers Weekly, 2004
- Presenter, “Summary Judgment Practice in Federal and State Court in Missouri,” Internal CLE Presentation, 2004
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