Kelley Drye

Attorneys & Professionals 

Richard D. Milone

Partner Email vCard
Washington, D.C.
Phone: (202) 342-8425
Fax: (202) 342-8451

Dick Milone serves as Chair of the firm's Washington, D.C. Litigation Group and Co-Chair of its firm-wide Insurance Recovery Group, which is recognized as a leading policyholders' practice by Chambers USA and the U.S. Legal 500.  In 2012 and 2013 Mr. Milone was recognized as a top policyholder lawyer by Chambers and by Washington, D.C. Area Superlawyers, and has been described as "very precise and persuasive" and as a "fabulous lawyer" in client feedback published by Chambers.  Mr. Milone has also been repeatedly identified by the Washington Post Magazine as one of the top attorneys in the Washington, D.C. metro area.

Mr. Milone has successfully handled insurance recovery lawsuits in venues all over the country, particularly in New York, Illinois, Virginia, California, and Texas.  During his twenty-three year career, he has tried matters to verdict before juries and arbitration tribunals, argued cases of first impression in state and federal appellate courts, negotiated complex, multi-party settlements, and secured hundreds of millions of dollars in disputed insurance proceeds on behalf of policyholder clients.  He has handled insurance claims involving a wide array of subject matters, including financial fraud, intellectual property, antitrust, False Claims Act, false advertising, lead-based paint, hazardous nuclear waste, asbestos (both personal injury and property damage), environmental clean-up, employment discrimination, defamation, entertainers' tour cancellation, flood and hurricane damage, insurance broker malpractice, and Directors' and Officers' liability.

In addition to insurance recovery, Mr. Milone has successfully litigated a variety of commercial disputes involving intellectual property, false advertising, antitrust, defamation, personal injury, and bankruptcy.  Mr. Milone also has experience monetizing, licensing and investing in patents, and currently advises a number of clients on strategy for maximizing the value of their intellectual property portfolios.  Prior to entering private practice, Mr. Milone served as a law clerk to The Honorable John T. Nixon, U.S. District Court for the Middle District of Tennessee.

Representative Experience

Insurance Recovery

Representing a Fortune 500 company in an insurance claim for False Claims Act liability under the company's Errors & Omissions coverage.

Representing an international restaurant enterprise in a variety of insurance recovery matters, involving coverage for copyright infringement, franchising liability, and Hurricane Sandy business interruption issues

Representing a major household goods manufacturer in the U.S. Court of Appeals for the Seventh Circuit on an issue involving Employers' Liability coverage for asbestos bodily injury liability.

Representing the Chief Risk Officer of a multi-billion dollar company that suffered substantial losses in the 2008 financial crisis in the pursuit of claims under the company’s Directors’ & Officers’ insurance program.

Represented one of the world's largest telecommunications companies in the Southern District of New York, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court, successfully litigating insurance coverage issues of first impression for a products liability lawsuit.

Successfully negotiated funding by an insurer of life-saving medications for an employee of the Arlington County, Virginia government suffering from AIDS.

Argued before the Delaware Supreme Court, sitting en banc, an issue of first impression involving conflicts of law between Delaware and Alabama on behalf of a §524(g) asbestos bankruptcy trust.

Represented a leading food company in insurance coverage litigation in Massachusetts federal court seeking coverage for a consumer class action and for a competitor’s suit alleging false advertising under Section 43(a) of the Lanham Act.

Represented a leading chemical company for 19 years, before eight different courts and arbitration tribunals, seeking insurance coverage for the costs of defending numerous lead-based paint suits, and in seeking a declaratory judgment regarding insurance coverage for a (now-reversed) public nuisance jury verdict on behalf of the State of Rhode Island.

Represented a Houston-based insulation and refractory contractor in a Texas state court insurance coverage action, and in a bankruptcy proceeding that permanently resolved over 25 years of asbestos bodily injury litigation.

Over a ten year period, represented one of the world's largest petroleum companies before California state courts in one of the largest environmental insurance coverage actions in history, in extensive California coverage litigation involving asbestos and other toxic torts, and in a series of international arbitrations seeking coverage for a settlement in an employment discrimination class action lawsuit.

Served as co-counsel to 300 claimants alleging that they contracted cancer as a result of exposure to waste from two nuclear power plants in Pennsylvania in the Babcock and Wilcox bankruptcy proceedings in New Orleans, Louisiana.

Obtained district court rulings of first impression on behalf of an insulation contractor regarding insurance broker malpractice in connection with the broker’s failure to secure complete coverage for asbestos liabilities.

Commercial Litigation

Representing one of the world’s largest chemical companies in creditor litigation relating to the bankruptcy of the Tribune Company.

Representing a leading health industry trade association in a Sherman Act Section 1 antitrust class action regarding the U.S. markets for critical medical treatments.

Representing a leading trade association in an action alleging defamation and false advertising in North Carolina federal court.

Representing a Chicago-based waste-hauling company in New York federal court in connection with an industrial accident involving alleged traumatic brain injuries.

Professional Activities

Mr. Milone is a frequent speaker and published author on insurance-related topics.

Honors & Awards

Ranked as a leading practitioner in the Insurance: Policy Holder area by Chambers USA, 2012-2013.

Recognized as a leading attorney in Insurance Coverage practice area by  Washington D.C. Super Lawyers, 2012-2013.

Named a "Knight of the Enterprise" by LyondellBasell Chemical Company, an honor given to trial counsel who achieve outstanding results on behalf of the company.

Selected as a 2011 Client Service All-Star by BTI Consulting. 

Recommended in US Legal 500 for his work in the Insurance: Advice to Policyholders area, 2010 and 2011.

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Publications
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January 2013

Insurance Coverage For Hurricane Sandy Losses

The Metropolitan Corporate Counsel

Events
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March 7, 2014

What Insurance Coverage Lawyers Need to Know About Third Party Litigation Funding

Insurance Coverage Litigation Committee CLE Seminar