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Of Counsel

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Damian Arguello joined Levin Sitcoff in February 2016. Mr. Arguello is an insurance coverage attorney who has helped his clients recover tens of millions of dollars from their insurance companies through litigation and negotiation.

Mr. Arguello has over two decades of insurance experience. Prior to law school, Mr. Arguello was a claims adjuster for several insurance companies and a claims manager for a major commercial insurance brokerage. Following law school, Mr. Arguello practiced with the venerable Denver law firm Davis Graham & Stubbs LLP where, as a partner, he was the firm's resident insurance specialist, advising both commercial policyholders and insurance providers concerning coverage matters.

Mr. Arguello's practice is now devoted exclusively to policyholder representation, where he advocates for individual and commercial policyholders in coverage disputes, serves as coverage or independent "personal" counsel in underlying litigation, provides consulting and testifying expert witness services concerning insurance coverage and bad faith matters. Mr. Arguello also assists commercial policyholders with insurance issues in transactional and operational matters, such as drafting insurance provisions in contracts, providing coverage opinions, and negotiating insurance policy provisions.

Mr. Arguello's expertise includes general liability, directors and officers liability, environmental, professional liability, errors & omissions, cyber liability/data breach, and commercial property coverages. His clients include businesses from Wall Street to main street, as well as individuals. Mr. Arguello's clients' industries include energy & natural resources, manufacturing, financial services, construction & real estate development, biosciences, transportation, hospitality/recreation, and information technology.

Some recent examples of Mr. Arguello's success:
  • Helped major corporation obtain partial summary judgment on key choice of law issues, entitling it to hundreds of millions of dollars in coverage under predecessor corporation's policies
  • Persuaded D&O/EPLI insurer to defend nominally excluded allegations against former CEO because they were intertwined with covered allegations
  • Sued CGL insurer that claimed consequential damages were excluded, forcing it to offer $1 million policy limit to settle underlying claim
  • Obtained trial victory over several insurers for utility company's environmental liability for historic manufactured gas facility
  • Obtained settlement for jewelry store whose insurer denied coverage for theft

Mr. Arguello has been rated AV Preeminent by Martindale-Hubbell from 2014 to the present, and he was named as a Super Lawyers Rising Star (Insurance Coverage Litigation) in 2013 and 2014.

Education & Professional Certifications

BSBA with honors, University of Denver Daniels College of Business, 1990

J.D., University of Denver Sturm College of Law, 2004 (top quartile)

Associate in Risk Management, Insurance Institute of America, 1996

Certified Insurance Counselor, National Alliance for Insurance Education & Research, 2002

 

Honors & Activities

Senior Staff Editor, Denver University Law Review

Chancellor’s Scholar

Academic Achievement Awards in Lawyering Process I & II, Family Law, Mining Law, Hazardous Waste & Insurance

Finalist, Hartje Objective Writing Award, Reese Persuasive Writing Award

 

Professional Organizations/Activities

American Bar Association
Tort, Trial & Insurance Section (Insurance Coverage Litigation Committee)
Litigation Section (Insurance Coverage Litigation Committee)

Colorado Bar Association
2005-2007 Co-Chair, Diversity in the Legal Profession Committee
Board of Governors, 2007-2009

Denver Bar Association
Board of Trustees, 2007-2009

Colorado Hispanic Bar Association
President, 2010; Treasurer, 2007-2009; Board of Directors, 2004-2012, 2014

Hispanic National Bar Association
Member, 2009-Present

Colorado Trial Lawyers Association, 2016 to Present
Amicus Curiae Committee
Insurance/Bad Faith Committee

Risk & Insurance Management Society, Rocky Mountain Chapter, 2011 to Present

Society of Certified Insurance Counselors, 2002-2012

Daniels College of Business Alumni Advisory Board, 2015-Present

Denver Urban Debate League Board of Directors, 2015-Present

Law School Si Se Puede Mentorship Program, Mentor, 2014-Present

Metro Volunteer Lawyers, Pro Bono Attorney, 2008-Present

Colorado Lawyers Committee, Election Protection Volunteer, 2014

Colorado Lawyers Committee School Discipline Taskforce, Volunteer, 2014-2015

A Walk to Remember (nonprofit), Professional Advisor, 2012-2014

University of Denver Sturm College of Law Professional Mentorship Program, 2004-2014

Hispanic Chamber of Commerce of Metro Denver, Public Policy Committee, 2008-2013; Education Committee, 2000-2004

March of Dimes of Colorado, Public Policy Committee, 2008-2012

Rocky Mountain Children's Law Center, Volunteer Attorney, 2008-2009

Adams County, Colorado, Election Judge, 2008

Net Results Junior Tennis, Board Member, 2004-2007

Big Brothers of Colorado, Big Brother, 2001

Albuquerque Hispano Chamber of Commerce, Education Committee, 1995-1999.

Publications, Presentations, Teaching Experience

PUBLICATIONS

“Double Agents, Order-Takers, and Special Advisors—The Producer’s Intriguing Role in Coverage Disputes,” ABA Tort, Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midyear Meeting, February 18-21, 2016

“Legal Lowdown – Quarterly Summary of Recent Colorado Insurance Cases,” Colorado Insurance News, December 2015

“Non-Opinion by Colorado Supreme Court Could Increase Agents’ Liability,” Colorado Insurance News, September 2015

“Transferring Insurance Benefits In Corporate Transactions May Have Just Gotten A Little Easier, But It's Still A Tricky Task,” Davis Graham & Stubbs LLP Client Alert, September 2015

“Yours, Mine, Ours. Just Whose Agent is it Anyway?,” The SIRMon: News From the ABA Self-Insurers and Risk Managers Committee, June 1, 2012

“Insurance Provisions of a Contract May be Fraught with Problems,” Denver Business Journal, April 17, 2012

“Don’t Count on Predecessors’ Liability Policy,” Colorado Insurance News, August 2009

“Corporate Successors Barred from Tapping Policies for Historic Liabilities?,” Davis Graham & Stubbs LLP Client Alert, June 2009

“AIG’s Financial Troubles: What Do They Mean For Me?,” Davis Graham & Stubbs LLP Client Alert, October 2008

“Liability Insurance: Notice-Prejudice After Friedland,” The Colorado Lawyer, May 2006 (with Marilyn Chappell)

“How to Deal with Mass-Tort Litigation and Stay Out of Hot Water Yourself!,” Resources Magazine, Summer/Fall 2005

“Twenty Years in Tahoe-Sierra – Why It’s Right and Why It’s Not a Satisfactory Solution,” Denver University Law Review, 80 Denv. U. L. Rev. 199, (2002)

PRESENTATIONS

Double Agents, Order-Takers, and Special Advisors—The Producer’s Intriguing Role in Coverage Disputes, American Bar Association Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midyear Meeting, February 19, 2016

Oilfield Master Service Agreement Fundamentals, Davis Graham & Stubbs LLP, December 3, 2015

Cybersecurity Contracting and Liability: The In-House Perspective, Association of Corporate Counsel Colorado Chapter, November 12, 2015.

Drafting Insurance Requirement Provisions, Clear Law Institute, October 26, 2015; encore presentation January 19, 2016

Data Security: Fiduciary Duties & Risk Management, Colorado Bar Association Rocky Mountain Intellectual Property & Technology Institute, May 2015

Drafting Insurance Requirement Provisions in Commercial Contracts – Mitigating Risk and Maximizing Coverage for Losses, Navigating Interplay With Contractual Indemnification, Strafford Publications Webinar, June 29, 2015

Key Legal Developments, 2015 Professional Independent Insurance Agents of Colorado Leadership Conference, May 14, 2015

Berkshire Hathaway’s “Retroactive Reinsurance” – Systematic Bad Faith or Simple Risk Transfer?, American Bar Association Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midyear Meeting, February 2015

Cybersecurity: Guidance for the Entire Enterprise, Davis Graham & Stubbs LLP, January 29, 2015

Ins and Outs of Environmental Insurance in Brownfields Development, Davis Graham & Stubbs LLP, December 2, 2014

Errors & Omissions – A Mock Trial, Professional Independent Insurance Agents of Colorado Leadership Conference, May 1, 2014

Voices Crying in the Wilderness: Make Ye Straight the Path to Ethics and Reduced Legal Fees, American Bar Association Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midyear Meeting, February 21, 2014

Cyber Crimes, Ethics & Social Media: What You Need to Know, 2013 Hispanic National Bar Association Annual Convention, September 5, 2013

The Duties and Liabilities of the Insurance Broker in Coverage Litigation: Persistent Challenges, Emerging Issues, and Responsive Strategies for Agents, Brokers, Policyholders, American Bar Association Tort Trial & Insurance Practice Section Insurance Coverage Litigation
Committee Midyear Meeting, February 15, 2013

Intermediary Issues – Brokers and Agents in Coverage Disputes, American Bar Association Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midyear Meeting, February 21, 2012

TEACHING EXPERIENCE

University of Denver Sturm College of Law, Guest Instructor, Insurance, 2006 – Present

Professional Independent Insurance Agents of Colorado, Errors & Omissions Risk Management, 2009-Present

Education in Progress, Instructor, Errors & Omissions Risk Management, Ethics, 2013-2014

Faculty member, National Alliance for Insurance Education & Research, 2005-2008