Joseph P. Thacker | Attorney | Brouse McDowell | Ohio Law Firm
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Attorney

Joseph P. Thacker

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  • Area of Focus
  • Education

    University of Toledo School of Law, JD, 1978, cum laude

    University of Toledo, BA, 1975, cum laude

  • Bar Admissions

    Florida State Bar Association

    Collier County, Florida Bar Association

    Toledo Bar Association

    Ohio State Bar Association

    American Bar Association

    U.S. Supreme Court

    U.S. District Court for the Northern District of Texas

    U.S. District Court for the Northern District of Ohio

    U.S. Court of Appeals for the Sixth Circuit

    U.S. Court of Appeals for the Fifth Circuit

    U.S. Court of Appeals for the Third Circuit

    Supreme Court of Florida

    Supreme Court of Ohio

Biography

Joe is a seasoned litigator who learned to try cases in the earliest stages of his career as an Assistant Prosecuting Attorney in Lucas County, Ohio (1978-1981). For the last 35 years his practice has focused on contract law, most often involving claims under insurance contracts and acquisition/divestiture agreements. In the insurance context, he represents policyholders seeking recovery for many types of losses, including those arising from environmental, asbestos and product liabilities. He has represented policyholders in coverage litigation in California, Florida, Illinois, Indiana, Massachusetts, New Jersey, Ohio, Pennsylvania, and Texas. His cases frequently involve issues surrounding the transfer of insurance rights in the sale of a business (e.g. Pilkington N. Am., Inc. v. Travelers Cas. & Sur. Co., 112 Ohio St.3d 482, 861 N.E.2d 121 (2006)) and multi-jurisdictional disputes arising out of complicated historical corporate relationships (e.g. Continental Ins. Co. v. Honeywell Int'l, Inc., 406 N.J. Super. 156, 967 A.2d 315 (N.J. Super. Ct. App. Div. 2009)).

He also has been trial counsel in a number of significant disputes arising out of acquisition/divestiture agreements. He is a frequent lecturer at prestigious gatherings, including meetings of the Risk & Insurance Management Society (RIMS) National Conference and the ABA Section of Litigation Annual Insurance Coverage Litigation Seminar in Tucson, Arizona. 

Joe is a member of the bar in Ohio and Florida and is a life fellow of the Ohio State Bar Foundation (the professional honorary for Ohio lawyers) and the American Bar Foundation (the national professional honorary). He is one of a distinguished group of attorneys who have been listed in Best Lawyers in America® for ten years or longer.
  • Biography
    Joe is a seasoned litigator who learned to try cases in the earliest stages of his career as an Assistant Prosecuting Attorney in Lucas County, Ohio (1978-1981). For the last 35 years his practice has focused on contract law, most often involving claims under insurance contracts and acquisition/divestiture agreements. In the insurance context, he represents policyholders seeking recovery for many types of losses, including those arising from environmental, asbestos and product liabilities. He has represented policyholders in coverage litigation in California, Florida, Illinois, Indiana, Massachusetts, New Jersey, Ohio, Pennsylvania, and Texas. His cases frequently involve issues surrounding the transfer of insurance rights in the sale of a business (e.g. Pilkington N. Am., Inc. v. Travelers Cas. & Sur. Co., 112 Ohio St.3d 482, 861 N.E.2d 121 (2006)) and multi-jurisdictional disputes arising out of complicated historical corporate relationships (e.g. Continental Ins. Co. v. Honeywell Int'l, Inc., 406 N.J. Super. 156, 967 A.2d 315 (N.J. Super. Ct. App. Div. 2009)).

    He also has been trial counsel in a number of significant disputes arising out of acquisition/divestiture agreements. He is a frequent lecturer at prestigious gatherings, including meetings of the Risk & Insurance Management Society (RIMS) National Conference and the ABA Section of Litigation Annual Insurance Coverage Litigation Seminar in Tucson, Arizona. 

    Joe is a member of the bar in Ohio and Florida and is a life fellow of the Ohio State Bar Foundation (the professional honorary for Ohio lawyers) and the American Bar Foundation (the national professional honorary). He is one of a distinguished group of attorneys who have been listed in Best Lawyers in America® for ten years or longer.
  • Professional & Civic Activities
    • Ohio State Bar Foundation, Life Fellow
    • American Bar Foundation, Fellow
  • Articles & Presentations
    • "Transfer of Insurance Rights Under Liability Policies as the Result of the Sale of a Business (Revisited)," American Bar Association's Tort Trial and Insurance Practice Law Journal, Vol. 52, Issue 1. Additional Authors: Andrew W. Miller, Stephen Brown, and Seymour Nayer (Fall 2016)
    • "Do Rights Transfer Under Occurrence-Based General Liability Policies After the Sale of a Business?" The Brief. Additional Authors: Andrew W. Miller, Brian D. Heskamp, and Nicholas J. Hammond. (Fall 2011)
    • "Allocation in all-Sums Jurisdictions: Can Insurers Collect From Policyholders?" Coverage. Additional Authors: Richard S. Walinski. (July/August 2007)
    • "International Issues in Litigation," Product Liability and Product Safety Council. Additional Authors: Michael Q. Murray. (April 1998)
  • Representative Engagements
    • Continental Ins. Co. v. Honeywell Int'l, Inc., 406 N.J. Super. 156, 967 A.2d 315 (N.J. Super. Ct. App. Div. 2009) ‒ Anti-suit injunction in multi-state litigation context
    • Pilkington N. Am., Inc. v. Travelers Cas. & Sur. Co., 112 Ohio St.3d 482, 861 N.E.2d 121 (2006) ‒ Assignment of insurance rights for environmental liabilities in merger and acquisition context
    • TRINOVA Corp. v. Pilkington Bros., P.C., 70 Ohio St.3d 271, 638 N.E.2d 572 (1994) ‒ Application of contract integration clause to related agreements executed in connection with divesture of business
    • Kathy Rollison v. City of Key West, 875 So.2d 659 (Fla. 3d Dist. App. 2004) ‒ Land use restrictions involving non-conforming use of property for transient rentals
    • Dana Corp. vs. Hartford Accident and Indemnity Co., Case No. l49D01-CP-0026, (Marion Circuit Court of Marion County, Indiana) ‒ Complex litigation, involving approximately 50 insurers, dealing with liability coverage for environmental liabilities
    • Dana Corp. v. American Home Assurance Co., Case No. 99-CV-2991, (United States District Court for the Eastern District of Pennsylvania) ‒ Claim involving insurance coverage for major theft loss
    • Dana Commercial Credit Corp. vs. The Federal Insurance Co., Case No. C-93-02054-WHO (United States District Court for the Northern District of California) ‒ Claim involving insurance coverage for major loss in complex leasing scam
  • Distinctions
    • Certified Specialist in Insurance Coverage Law by the Ohio State Bar Association
    • Ohio Super Lawyers® through a peer- and achievement-based review conducted by the research team at Super Lawyers, a service of Thomson Reuters legal division — 2004-2019
    • Martindale-Hubbell "AV Preeminent" rated
    • Toledo Metropolitan Area Lawyer of the Year in Insurance Coverage Law — 2012-2013, 2016, 2018
    • The Best Lawyers in America© through a peer-review survey as listed in the Bet-the-Company Litigation, Commercial Litigation, Insurance Law sections. — 2003-2019