With over 25 years of litigating and settling insurance claims, aand prior Fortune 500 executive experience before that, Mr. Miller bring clients seasoned business-oriented solutions to virtually any kind of insurance issue.
His experience ranges from settling some of the largest property damage and business interruption claims in the world, to litigating coverage for some of the biggest fraud losses ever suffered by businesses.
Prior to co-founding Miller Friel, PLLC, Mr. Miller was a principal shareholder at the international law firm of Greenberg Traurig LLP, where he, along with Brian Friel, managed the firm's Insurance Recovery and Advisory Practice Group.
His views on insurance have been published in many prominent publications, including Forbes, Business Insurance, Legal Times, Treasury and Risk Management, Risk, and The National Law Journal, and he is a frequent speaker on insurance issues for PLI. Mr. Miller received his B.S. from Allegheny College, his M.S. from the University of Cincinnati, his M.B.A. from Houston Baptist University, and his J.D. from South Texas College of Law, where he was an Editor of the South Texas Law Review.
Miller Friel, PLLC | Managing Partner
For over 25 years, Mr. Friel has appeared on behalf of corporate policyholders in numerous state and federal courts throughout the country, where his litigation and arbitration skills consistently have led to five successful court verdicts and arbitration awards over the years.
Mr. Friel has negotiated some of the largest D&O insurance settlements ever reached in the United States. Brian's negotiating skills and keen understanding of business issues have also resulted in numerous other settlements on behalf of oil and gas companies, electric utilities, retailers, and financial institutions, without the need for expensive litigation.
Prior to co-founding Miller Friel, PLLC, Mr. Friel was a shareholder at the international law firm of Greenberg Traurig LLP, where he, along with Mark Miller, managed the firm's Insurance Recovery and Advisory Practice Group. Brian Friel is a graduate of Boston College magna cum laude and a graduate of St. John's University School of Law cum laude, where he was an Editor of the St. John's University Law Review.
Bernie Bell represents insureds in disputes with their insurers and is a nationally recognized leader in his field. He serves as lead counsel pursuing insurance recovery across a full range of disputed claims, from property damage and business interruption losses to claims arising from directors and officers (D&O) liabilities, as well as employment, environmental, fiduciary (ERISA), intellectual property, management, product, professional, representations and warranties (R&W), tax position, and toxic tort liabilities.
His recent representations include engagements to recover property damage and business interruption losses caused by catastrophic events at refineries, petrochemical plants, oil and gas pipelines, golf courses, and hospitality venues. He regularly pursues recovery under liability policies for the costs of defending and resolving government subpoenas and investigations, and various breach-of-duty claims. Other recent representations include claims under pollution legal liability coverage for environmental clean-up costs. Bernie regularly appears in courts, arbitration tribunals, and mediations throughout the United States and in London arbitration under the Bermuda Form.
Bernie is a Fellow of the American College of Contractual and Extracontractual Counsel, and is the co-chair (policyholder side) of the College’s First-Party Insurance Committee. He wrote or co-wrote chapters in the Appleman insurance law treatise on Commercial Property Insurance and Time Element (Business Interruption) Insurance, and is a frequent writer and speaker on insurance coverage issues.
Mr. Bell is a graduate of Colgate University cum laude and a graduate of Fordham University, where he was an Editor of the Fordham Law Review.
Benjamin Massarsky’s practice focuses on representing corporate policyholders in complex insurance disputes in federal and state court. His experience extends to numerous types of insurance coverage, including commercial general liability, directors and officers, errors and omissions, political risk, and music tour non-appearance policies. Benjamin’s clients have spanned the manufacturing, real estate, technology, and entertainment sectors.
Benjamin has an active pro bono practice in which he represents students with special education needs and assists them in obtaining appropriate educational services in public and private schools. He has also drafted writs of certiorari for criminal defendants appealing to the Supreme Court of the United States.
Benjamin earned his B.A. from Cornell University and his J.D., magna cum laude and order of the coif, from the American University, Washington College of Law.
Steve is recognized as one of the leading insurance recovery lawyers in the country, representing some of the largest and best-known companies in the world with respect to all lines of commercial insurance. Steve was previously a partner in the Washington, DC office of DLA Piper, one of the world’s largest law firms, where he was a partner for over 30 years. Steve has litigated numerous insurance coverage disputes involving policyholders in the real estate, construction, banking, healthcare, life insurance, hotel, assisted living, computer, transportation, steel, commodities, and food service industries. Steve also represents trade associations, builders, and owners regarding various insurance coverage and liability issues arising from claims of defective workmanship and defective building materials. He has submitted numerous amicus briefs in appellate courts around the country on these issues. Steve is currently representing a number of companies in connection with their business income losses caused by COVID-19.
Steve’s practice also involves advising clients with respect to the insurance aspects of transactional matters. He helps developers, contractors, owners, lenders, landlords, tenants and other clients in the real estate, construction and financial services sectors deal with insurance and indemnity issues in complex real estate and construction transactions. He also advises clients regarding the insurance aspects of mergers and acquisitions, insurance issues in bankruptcy proceedings, trade credit insurance, reps and warranties insurance, and environmental insurance.
Steve received his B.A. magna cum laude from the University of Notre Dame, where he was a member of Phi Beta Kappa; his M.A. from the University of Notre Dame; and his J.D. from Yale Law School, where he was Notes Editor of the Yale Law Journal. Steve was a law clerk in the Fifth Circuit for the renowned Judge John R. Brown.
Since 1990, Mr. O'Neil has been at the forefront of insurance coverage issues at several of the most prestigious corporate policyholder law firms in the country. His prior experience at such firms as Covington & Burling and Swidler & Berlin, includes litigating some of the largest and most complex insurance cases in the country. In addition, Mr. O'Neil has held senior legal positions for the Federal Government. His experience in both private and public sectors allows him to offer a unique perspective to resolving business insurance disputes.
Mr. O'Neil graduated from the University of Notre Dame in 1985 and from Duke University School of Law in 1990 where he was a Senior Editor of Law and Contemporary Problems.
Tab Turano has over 15 years of experience counseling clients on insurance issues, and handling insurance claims. Having negotiated D&O insurance language for literally hundreds of clients, Mr. Turano's advice on D&O insurance is particularly valued.
In addition, Mr. Turano has successfully litigated and settled a wide variety of D&O, E&O, Crime, Property, and General Liability insurance claims. He has authored published articles on various insurance topics ranging from D&O to Cyber Liability insurance.
Tab Turano is a graduate of the State University of New York at Stony Brook, magna cum laude, and a graduate of the George Washington University Law School, where he was a member of the George Washington Journal of International Law & Economics.
Kristen Schumacher has over 15 years of experience assisting in the resolution of complex litigation, arbitration, mediation, and settlement matters. She is proficient at virtually every aspect of research, litigation support, and project management.
Kristen Schumacher's skills were particularly valuable in a recent $20 million D&O insurance arbitration hearing, where she acted as lead paralegal.
Kristen Schumacher has studied abroad, and graduated with honors from Catholic University.
With over 25 years of experience, Sharon facilitates the firms’ practice with a wide range of administrative and paralegal assistance that includes document management, research, and court filings.
In addition, she collaborates with the attorneys to coordinate and prepare for mediations, arbitrations, and hearings.
Prior to joining Miller Friel, she worked with practices specializing in construction, white collar criminal, and communications law.
Sharon received her B.A. from Ripon College and her M.A. from American University.
Prior to joining Miller Friel, Natalie Seales was in-house counsel for a nonprofit media organization in Washington DC, working with industry leaders on a broad spectrum of issues including litigation, legislation and public policy.
Natalie earned her B.A. in journalism with a minor in English from the University of Mississippi where she was also awarded the university’s highest academic honor—the Taylor Medal. She then earned her J.D. from George Mason University’s Antonin Scalia Law School, where she was the Vice Chair of Membership on Moot Court Board and the Notes Editor on the Civil Rights Law Journal.
Sara Moghadam brings more than twenty years of commercial litigation experience to her insurance recovery practice. Her trial and appellate work spans state and federal courts across the country. Her seasoned business judgment is honed from a career at DLA Piper LLP (US), where she was a partner in the Litigation group prior to joining Miller Friel. She has extensive experience resolving insurance coverage disputes under general liability, property and business interruption, D&O, E&O, professional liability, and excess policies.
Sara is a magna cum laude graduate of Bucknell University and an honors graduate of the University of Maryland Francis King Carey School of Law, where she served as an Associate Editor of the Maryland Law Review.
They are some of the most experienced former large-firm insurance coverage lawyers in the world, practicing in a setting that allows them to be responsive, nimble, resourceful and efficient. Every attorney at Miller Friel practices exclusively in the area of insurance coverage, and all of our attorneys previously practiced as coverage attorneys at prestigious large law firms.
Our clients represent nearly every business segment from banking to technology to retail to oil and gas. We routinely handle claims involving all lines of insurance ranging in value from $1 million to $5 billion or more.
We know the law, the policies, and the insurance industry. Our clients appreciate the efficiencies realized by this level of experience, which directly translates into significant client savings.
"Mitigating Political Risk: Treaty Protections Versus Political Risk Insurance",
September 2016 (Bernard P. Bell, Co-Author). |
"Defense Counsel Must Understand Coverage Or Risk Fines",
Law360, Jan. 20, 2016 |
"4 Common Tricks Insurers Use To Limit Duty To Defend",
Law360, Jan. 8, 2016 |
"Business Interruption: Coverage For Period of Delayed Resumption Resulting From Post-Rupture Pipeline Investigation,"
October 2015 (Bernard P. Bell, Co-Author). |
"7 Tips for Insurance Coverage for Whistleblower Lawsuits,"
Law360, Sep. 18, 2015 |
"Can You Answer the FDIC’s Four Questions About Your Institution’s D&O Insurance? Insurance Policyholder Advocate,"
October 2013 (Bernard P. Bell, Author). |
"Time Element (Business Interruption) Insurance,"
New Appleman on Insurance Law Library Edition, Chapter 46, Fall 2011 (Bernard P. Bell, Author). |
"The Emerging Trend of Insurer Rescission,"
Insurance Law 2011: Top Lawyers on Trends and Key Strategies for the Upcoming Year, Aspatore Books, 2011 (Mark E. Miller, Author). |
"Key Issues in D&O Liability Insurance,"
Insurance Law 2010: Top Lawyers on Trends and Key Strategies for the Upcoming Year, Aspatore Books, 2010 (Mark E. Miller, Author). |
"When Can You Settle a Case Without Your Insurers’ Consent?"
Practice Perspectives: Insurance Liability & Recovery, Spring 2009 (Bernard P. Bell, Author). |
"Insurance Due Diligence: a Five Step Process,"
Insurance Law Deal Strategies: Leading Lawyers on Analyzing Insurance Claims, Negotiating Settlements, and Maximizing the Value of the Attorney, Apastore Books, 2008 (Mark E. Miller, Author). |
"401(k) ‘Excessive Fees’ Lawsuits: Fiduciary Liability Policies Likely To Cover Plan Fiduciaries,"
Policy Perspective, Winter 2007 (Bernard P. Bell, Author). |
"Understanding Commercial Property Insurance,"
New Appleman Insurance Law Practice Guide, Chapter 31, 2007 (Bernard P. Bell, Author). |
"Fighting the Behemoth,"
Insurance Law Settlements and Negotiations, Leading Lawyers on Evaluating a Situation, Determining Settlement vs. Litigation, and Analyzing Frequently Negotiated Issues, Aspatore Books, 2007 (Mark E. Miller, Author). |
"Changing Winds: Federal Court Strikes Down Common Insurance Company Practice,"
Andrews Disaster Recovery Law Report, July 2007 (Mark E. Miller and Tab Turano, Authors). |
"The illusory nature of D&O insurance,"
International Journal of Disclosure and Governance, Vol. 3, No. 3, September 2006 (Mark E. Miller, Author). |
"Product Liability Insurance: Can You Not Have It?"
Product Liability Law & Strategy, September 2006 (Mark E. Miller, Co-Author). |
"Securities Claims Coverage Under Your Company's Director's and Officer's
Liability Policy – Less Than Meets the Eye?"
Mealey's Emerging Insurance Disputes, December 2006 (Tab Turano, Co-Author). |
"Insuring Nanotech's Future,"
R&D Magazine, February 2006 (Mark E. Miller, Co-Author). |
"Can D&O Insurance Protect Outside Directors Against ‘Personal Wealth’ Settlement Demands?"
Policyholder Advisory February 2005 (Bernard P. Bell, Author). |
"Top Ten D&O Coverage Issues,"
The Corporate Board, Vol. XXV No. 149, November/December 2004 (Mark E. Miller, Author). |
"How TRIA is Implemented Key to its Scope, Cover for Chemical,
Biological, Radiological and Nuclear Attack Must be Ensured,"
Business Insurance, January 19, 2004 (Mark E. Miller, Author). |
"Business Interruptus: Property Insurance is More Important than Ever,
but it's not Designed for Services,"
Legal Times, November 10, 2003 (Mark E. Miller,Author). |
"Avoiding Hang-Ups In Coverage Disputes,"
Business Insurance, August 26, 2002 (Brian Friel, Co-Author). |
"Cellular Telephone Coverage Lawsuits,"
CPCU Agent and Broker Section Quarterly, Vol. 15, No. 2, October 2002 (Mark E. Miller, Author). |
"Liabilities in Cyberspace: Insurance Coverage for Internet Industry Losses,"
Annual Report to the American Bar Association Section of Public Utility, Communications & Transportation Law, Fall 2000 (Brian Friel, Author). |
"The Art of the Joint Resolution: Negotiate Technical, Financial and Legal Questions Together,"
Legal Times Special Report on Dispute Resolution, December 1997 (Bernard P. Bell, Author). |
"Proving Continuous Environmental Property Damage Throughout Successive Policy Periods in Jurisdictions Employing a ‘Damage-in-Fact’ Trigger," Environmental Claims Journal, Vol. 9, No. 4, Summer 1997 (Bernard P. Bell, Author). |
"Auditing for Lawsuit Readiness,"
Public Power, Vol. 55 No. 4, July-August 1997 (Mark E. Miller, Author). |
"Lead-Based Paint Insurance Coverage: Courts Mandate Coverage Despite
Insurance Industry Opposition,"
Environmental Claims Journal, Vol. 9, No. 4., Summer 1997 (Mark E. Miller, Author). |
"Insurance Coverage for the Next Wave of Environmentally-Related
Liability -- Electromagnetic Fields,"
Environmental Liability Enforcement & Penalties Reporter, October 1996 (Mark E. Miller, Author). |
"Silence is Golden: In Support of Confidentiality Provisions in
Insurance Settlement Agreements,"
Environmental Claims Journal, Vol. 8, No. 4, Summer 1995 (Brian Friel, Co-Author). |
Representations & Warranties Insurance, IRMI Energy Risk & Insurance Conference
Houston, Texas, March 1-3, 2016 (Bernard P. Bell, Speaker). |
2016 Executive Roundtable Series – The 3 a.m. Issue: From Data Breaches to Hurricanes, Legal Strategies for Protecting Your Company by Preparing for, Insuring Against, and Responding to Catastrophic Risks Washington D.C., February 25, 2016 (Bernard P. Bell, Speaker). |
Insurance Coverage for Health Care Cyber Risks
Health Care Liability & Litigation, AHLA Health Care Liability and Litigation Practice Group, Nov. 2015 (Issue 2) (Mark E. Miller, Speaker). |
Insurance Coverage for Government Investigations
HB Litigation Drug & Device Defense Conference, Philadelphia, PA, Oct. 20, 2015 (Brian Friel, Presenter). |
Reverse Bad Faith Claims: Should They Exist?
Law360 Twitter Chat Panel, August 5, 2015 (Mark Miller, Panelist). |
Avoidance, Mitigation and Insurance: 10 Scenarios Where Government Contractors Can Avoid Litigation and Secure Insurance Coverage Miller Friel PLLC, Washington, DC, Jul. 22, 2015 |
Top Ten Insurance Issues For Non-Insurance Lawyers
Thomson Reuters Webinar, June 4, 2015 (Mark Miller and Brian Friel, Presenters). |
Insurance Coverage for Government Investigations
HB Litigation Webinar, May 21, 2015 (Brian Friel, Presenter). |
False Claims Act Matters Today: Best Practices for Protecting Providers and Securing Insurance Coverage
AHLA, 16th Annual Conference on Emerging Issues in Healthcare Law, Orlando, FL, Mar. 4-7, 2015 |
Top Ten Insurance Issues For Non-Insurance Lawyers
Law Firms in Philadelphia, PA; Florham Park, New Jersey; Denver, Colorado; Phoenix, AZ’ Fort Lauderdale, FL; Tallahassee, FL, Miami, FL, Las Vegas, NJ, 2015 (Mark Miller, Brian Friel, Presenters). |
False Claims Act Matters Today: Best Practices for Protecting Providers and Securing Insurance Coverage
AHLA, Physicians and Hospitals Law Institute, Las Vegas, NV, Feb. 2-4, 2015 |
Knock knock, Who’s There? It’s the Government: Successful strategies for defending against government investigation and securing insurance coverage for that defense ABA Women of the Section of Litigation CLE Seminar, Chicago, IL, Nov. 5-7, 2014 |
Five Lessons For The Business Interruption Claim Arising From A Catastrophe, IRMI Energy Risk and Insurance Conference
Houston, Texas, March 2014 (Bernard P. Bell, Speaker). |
Hydraulic Fracturing: Environmental Risks and Insurance Issues, IRMI Energy Risk and Insurance Conference
Houston, Texas, March 2014 (Bernard P. Bell, Speaker). |
Healthcare Data Breaches: Emerging Insurance Issues and Legal Considerations
ABA Insurance Coverage Litigation Committee CLE Seminar, Tucson, AZ, Mar. 2, 2014 |
From the California Courts to Hurricane Sandy: Latest Trends in Mediating Coverage Disputes
ABA Insurance Coverage Litigation Committee WIN Conference, Chicago, IL, Oct. 15, 2013 |
Defending Against and Obtaining Insurance Coverage for CFPB Investigations
Webinar, Philadelphia, PA, February 13, 2013 (Brian Friel, Presenter). |
Business Interruption Insurance Coverage: Resolving Disputes Over Period of Indemnity, Contingent Business Interruption, Civil Authority Coverage, and Physical Loss or Damage Webinar, March 14, 2012 (Bernard P. Bell, Presenter). |
Insurance Coverage
HB Lead Litigation Conference, Amelia Island, FL, October 25-26, 2010 (Mark E. Miller, Speaker). |
The Instant Impact of Medmarc Ins. Co. v. Avent America, Inc.
(7th Cir. July 15, 2010) ExecSense Webinar, September 2, 2010 (Mark E. Miller, Presenter). |
Risk Management in a New Age – Developing Trends in Insurance Law
Houston, Texas, May 20, 2010 (Bernard P. Bell, Speaker). |
Chinese Drywall Additional Insured Issues
HarrisMartin's Chinese Drywall Conference, October 22-23, 2009 (Mark E. Miller, Speaker). |
What You Need to Know about Crime Insurance; Lessons Learned in the Field
RIMS 2009 Annual Conference & Exhibition, April 21, 2009 (Mark E. Miller, Speaker). |
Key Directors & Officers Liability Coverage Issues, PLI Insurance Coverage 2008: Claim Trends & Litigation
Chicago, Illinois, May 19-20, 2008 (Bernard P. Bell, Speaker). |
Navigating the Credit Crisis: Insurance Aspects
New York, New York, March 2008 (Bernard P. Bell, Speaker). |
Insurance Coverage and the Mortgage Industry Meltdown
Berkeley, California, February 2008 (Bernard P. Bell, Speaker). |
D&O 101: An Introduction to Directors’ and Officers' Liability Insurance and Principal Coverage Issues
Washington, D.C., November 2007 (Bernard P. Bell, Speaker). |
2007 Hurricane Preparedness Seminar
Florida Power & Light, Ft. Lauderdale, FL, May 2, 2007 (Mark E. Miller, Speaker). |
Challenging Opposing Experts
Washington, D.C., March 2007 (Bernard P. Bell, Speaker). |
Lessons Learned from Recent Catastrophic Events
Westin Diplomat Resort & Spa Seminar, Hollywood Florida, November 11, 2005 (Mark E. Miller. Speaker). |
Classification of Asbestos Claims – Products, Non-Products, or Both, Mealey’s Annual Advanced Insurance Coverage Conference
Philadelphia, Pennsylvania, January 2005 (Bernard P. Bell, Speaker). |
Use of the Appraisal Process for Resolution of First-Party
Property and Business Interruption Insurance Claims
Mealey's Business Interruption Insurance Conference, June 16, 2004 (Mark E. Miller, Speaker). |
Insurance Coverage for Asbestos-Related Bodily Injury – Recent Trends, Annual Meeting of ABA Insurance Coverage Litigation Committee Tucson, Arizona, March 2003 (Bernard P. Bell, Speaker). |
21st Century Insurance Challenges, Business Interruption Issues
American Bar Association Conference, October 18, 2002 (Mark E. Miller, Speaker). |
Constructive Cost Recovery on Legacy Pollution Insurance Claims, Risk-Based Decision-Making: Getting Contaminated Deals Done
Washington, D.C., April 2000 (Bernard P. Bell, Speaker). |
Pill Maker Settles $100M Insurance Row Over Thailand Flood
Law360, March 1, 2013 (Brian Friel, Mark Miller mentioned). |
The Heat Is On D&O Insurers To Manage Volatile Market Risks
Standard & Poor's, Global Credit Portal, April 11, 2011 (Mark E. Miller, Quoted). |
10 crucial updates on your D&O Coverage
On Board November 1, 2007 (Mark E. Miller, Quoted). |
Securing the Boardroom
Corporate Legal Times June 2005 (Mark E. Miller, Quoted). |
Sarbanes-Oxley, Court and the Act; a Look at Directors and Officers Insurance
Risk November 2004 (Mark E. Miller, Quoted). |
The Good Hands People
Business Insurance February 3, 2003 (Mark E. Miller, Quoted). |
Mold
The Miami Herald Business Monday July 29, 2002 (Mark E. Miller, Quoted). |
9-11 Aftermath: Recovering Losses
The National Law Journal February 14, 2002 (Mark E. Miller, Quoted). |
Covered? Maybe Not, Directors and Officers Start
to Sweat a Insurers Equivocate on D&O Coverage
Treasury & Risk Management December 4, 2002 (Mark E. Miller, Quoted). |
The Perfect Storm
Forbes December 3, 2002 (Mark E. Miller, Quoted). |
D&O Insurance Gets Closer Scrutiny
Forbes November 22, 2002 (Mark E. Miller, Quoted). |
News & Views: Are You Covered For Business Interruption Really?
Treasury & Risk Management November 2001 (Mark E. Miller, Quoted). |
Managing Risk
Contract Professional Magazine November 1999 (Mark E. Miller, Quoted). |