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Practice Areas

Insurance Coverage

Insurance Defense

Civil Litigation

Professional Liability Defense

Workers' Compensation

Appellate Practice



Bar/Court Admissions

Massachusetts
U.S. Court of Military Appeals
District of Columbia, U.S. Court of Appeals for the District of Columbia Circuit and U.S. Court of Appeals, Fourth Circuit
U.S. District Court for the District of Columbia
Maryland and U.S. District Court, District of Maryland

Virginia

 



Education

Yale University, B.A., 1977
University of Connecticut, J.D., 1980 (Managing Editor, Connecticut Law Review, 1980).




Organizations

The District of Columbia Bar
Bar Association of the District of Columbia
Maryland State Bar Association
Defense Research Institute


 
DAVID B. STRATTON

 
Partner
Email: .(JavaScript must be enabled to view this email address)
Telephone: 703-246-0900
Facsimile: 703-591-3673

10509 Judicial Drive
Suite 200
Fairfax,Virginia 22030
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Practice Overview and Representative Experience:

Since joining the Firm, David B. Stratton has had 27 years' experience in civil litigation, concentrating on insurance coverage litigation, insurance coverage opinions, general liability defense, legal malpractice defense, premises liability defense, civil appellate matters, police civil liability matters, professional liability claims against agents and brokers, construction litigation, and workers compensation defense.

Martindale-Hubbell rating:  A/V

Representative experience includes:

  • Insurance coverage
  • Obtained summary judgment for insurer in federal declaratory judgment action based on misrepresentations in application for insurance, in case involving brain damage due to choking, and obtained affirmance on appeal.
  • Obtained judgment on appeal in coverage dispute between insurers based on interpretation of “other insurance” clauses and contractual indemnity agreements to determine which insurer was primary.
  • Obtained summary judgment for insurer in declaratory judgment action to establish that it was not obligated to provide a defense or indemnity to the insured with regard to a class action lawsuit alleging defective construction and installation of mobile homes, on the grounds that foreseeable contract obligations arising from defective construction or installation did not meet the policy definition of an “occurrence.”
  • Preparation of numerous coverage opinions involving Businessowners, CGL, and LPL policies.
  • General litigation (motor vehicle, premises, construction, fire, products liability)
  • Obtained defense verdict for trucking company in tractor-trailer/pedestrian accident on industrial site, based on contributory negligence.
  • Obtained defense judgment for contractor in case involving falling object which caused workplace head injury to an electrician.
  • Obtained summary judgment for funeral home sued for allegedly mis-marking burial site; body had been exhumed by mother to locate true grave location.
  • Obtained summary judgment in residential propane gas explosion case based on fireman’s rule.
  • Obtained dismissal in construction defect subrogation suit based on statute of limitations.
  • Representation of developer in wrongful death case arising from house collapse during demolition.
  • Representation of construction company in suit arising out of flooding of parking garage caused by broken service line for fire hydrant.
  • Representation of sprinkler company in suit arising out of water damage to hotel due to burst sprinkler pipe.
  • Representation of landowners in suits for personal injuries caused by criminal acts of third parties on premises.
  • Representation of underground construction company in case arising out accident that severed fiber optic cables owned by telephone company.
  • Representation of property owner in second hand smoke suit raising trespass, nuisance and negligence.
  • Employment law
  • Obtained summary judgment in federal age discrimination case involving auto dealership.
  • Obtained affirmance on appeal of summary judgment in federal age discrimination case involving convention center
  • Professional liability defense
  • Representation of lawyers, investment advisors, and insurance agents in numerous malpractice and breach of fiduciary duty matters.
  • Obtained defenses judgment in favor of title company in four day trial involving allegations of improper disbursement of proceeds of real estate settlement to third parties.

As always, all matters are decided on their own particular facts or merits, and, because each case is different and litigation is inherently unpredictable, the past record is no assurance of reaching a favorable result in any future case.


Mr. Stratton has been the author of the Insurance Defense Blog since 2003, and is also a frequent contributor to " He was a co-author of "Insurance Law: Third Party Coverage in Maryland" (NBI 1996).

Prior to joining the Firm, in his six years as an active duty judge advocate in the U.S. Marine Corps, Mr. Stratton spent 14 months defending accuseds in courts-martial in Okinawa, Japan; spent approximately 2 years representing the Government in more than 300 court-martial appeals; spent 20 months handling officer misconduct matters at Headquarters, U.S. Marine Corps; and for approximately five months was attached to the White House as part of a task force handling matters related to the Iran-Contra Investigation. (Like all judge advocates in the U.S. Marine Corps, Dave also received training as an infantry officer in Officers Candidate School and The Basic School, and as a judge advocate at Naval Justice School.)

 
Reported Cases

Smigelski v. Potomac Ins. Co., 403 Md. 55, 939 A.2d 189 (2008)(workers compensation)

Essex Ins. Co. v. Night & Day Mgmt., LLC, 536 F. Supp. 2d 53 (D.D.C. 2008)(insurance coverage)

Liberty Mut. Ins. Co. v. CB Richard Ellis, Inc., 242 Fed. Appx. 32 (4th Cir. Md. 2007)(insurance coverage)

Williams v. Wash. Convention Ctr. Auth., 481 F.3d 856, 375 U.S. App. D.C. 360 (2007)(employment discrimination)

Scottsdale Ins. Co. v. Nat'l Ctr. on Insts. & Alternatives, Inc., 169 Fed. Appx. 176 (4th Cir. Md. 2006)(insurance coverage)

Hill v. G.E. Capital Mortg. Servs., 859 A.2d 1055 (D.C. 2004)

Phelan v. City of Mt. Rainier, 805 A.2d 930 (D.C. 2002)(police misconduct)

Peddlers Square, Inc. v. Scheuermann, 766 A.2d 551 (D.C. 2001)(Rule 11)

McCoubrey v. Kellogg, Krebs & Moran, 7 Fed. Appx. 215 (4th Cir. Md. 2001)(legal malpractice defense)

Cohen v. Duracell Int'l U.S.A., 2 Fed. Appx. 373 (4th Cir. Md. 2001)(products liability)

Velasquez v. District of Columbia Dep't of Empl. Servs., 723 A.2d 401 (D.C. 1999)(workers compensation)

Leung v. Nunes, 354 Md. 217, 729 A.2d 956 (1999)(venue)

Sibley Memorial Hospital v. District of Columbia Dept. of Employment Services, 711 A.2d 105 (D.C. 1998)(workers compensation)

Stone v. District of Columbia Dept. of Employment Services, 707 A.2d 789 (D.C. 1998)(workers compensation)

Shannon-Huber v. General Elec. Capital Auto Lease, Inc., 676 A.2d 467 (D.C. 1996)(auto lessor liability)

Cooke v. National Tire Wholesale, 1996 U.S. App. LEXIS 11686 (4th Cir. Md. May 22, 1996)(employment discrimination)

Lyons v. Barrazotto, 667 A.2d 314 (D.C. 1995)(personal injury)

Scott v. Jackson, 596 A.2d 523 (D.C. 1991)(medical peer review privilege)

Fraidin v. Weitzman, 93 Md. App. 168, 611 A.2d 1046 1992)(legal malpractice defense)