Victor Mustelier
victor@baileyduquette.com
New York
Victor focuses his practice on corporate risk management and insurance recovery issues and disputes, and is a trusted advisor to private equity firms and their portfolio companies, financial institutions and their directors and officers, as well as notable individuals. He is frequently called on to advise company boards and c-suite managers on issues related to their indemnification rights and insurance coverage. Clients turn to Victor for help with their most sensitive and high-profile matters related to corporate liability, director and officer indemnification, and insurance coverage.
He is highly experienced in negotiating the terms of key insurance policies, including GPL, D&O, professional liability, and reps and warranties policies, to ensure that his clients are receiving the most favorable coverage terms.
In addition to advisory work, Victor is an experienced litigator who assists clients with insurance claims and large complex coverage disputes. He has recovered over $100 million for clients under different types of insurance policies – including GPL/professional liability, D&O, E&O, EPL, property and casualty, CGL, reps and warranties, media liability, cyber coverage, fidelity, surety, environmental, political risk, and business interruption policies. He has successfully litigated, arbitrated, or mediated such disputes in the US and internationally. However, a key to his success is his ability to achieve highly favorable outcomes for his clients on disputed insurance claims quickly, thereby avoiding costly litigation.
Before joining Bailey Duquette, Victor was a partner at a large national law firm where he was a key member of the firm’s Litigation, Insurance and Reinsurance, and Private Equity practice groups.
Before that, Victor was based in Paris where he served as in-house counsel for a premier financial services firm. He was the top lawyer for the firm’s financial insurance products in Europe. In that position, he was responsible for US and European businesses, legal and compliance issues facing the company, as well as European claims and insurance product development.
Earlier in his career, Victor was a securities and commercial litigator at large New York City law firms.
Representative Experience
Obtained favorable recovery in London Court of International Arbitration of claims under "Bermuda Form" CGL coverage for $1 billion settlement of dispute arising out of highly-publicized abandoned acquisition by a private-equity firm of a chemical company.
Obtained full insurance-coverage for defense of $4 billion antitrust class action naming every top-tier private equity firm.
Obtained dismissal of $500 million contribution lawsuit filed by liability insurers and arising out of Chatsworth, California train accident.
Represented well-known media personality in his indemnification dispute with major television network, arising out of me-too claims against him, and in his related attempts to secure insurance coverage for the matter.
Represented later-convicted entrepreneur in highly publicized disputes with major Wall Street financial firm, successfully obtaining advancement of fees and disputed D&O coverage.
Represented NFL football franchise in lawsuit seeking coverage for over $100 million in losses due to the COVID pandemic under an all-risk/business-interruption policy.
Obtained full insurance coverage for several highly-publicized and/or highly-confidential disputes between top-tier private equity firms and their former partners.
Advised boards of Bermuda insurers regarding their various insurance policies and indemnification rights.
Obtained disputed recovery under reps and warranties insurance for private-equity client in connection with its acquisition of bio-medical firm.
Education
University of California, Berkeley School of Law (J.D.)
Stanford University (A.B.)
Judicial Clerkship
The Honorable Martin Pence, District Judge, United States District Court, District of Hawaii
Bar Admission
New York
Publications and Speaking Engagements
“D&O Coverage Considerations for Sub-Prime Liabilties,” in Insurance Coverage Law Bulletin, July 2008
“Notice-of-Circumstance Provisions in Claims-Made Liablity Policies,” in Coverage, July-August 2008
“Class Action Exposures of Foreign Companies Doing Business in the United States,” in Bloomberg BNA World Securities Law Report, July 2015
Panelist, Practitioner’s Pulse: Enforcing D&O Insurance Coverage Subject to the Insured v. Insured Exclusion, ABA Section of Litigation, Insurance Coverage Litigation Committee's 25th Annual CLE Seminar, Tucson, Arizona
Languages
English
French
Spanish