Getting to Know Nashville Mediator Andy Rowlett

Testimonials

What Andy’s colleagues say about him:

“Andy is a tremendous lawyer. He handles his cases very professionally. He has incredible analytical abilities and writes beautifully. His oral advocacy is very impressive. He is an excellent lawyer with the highest ethics.”

“Andy Rowlett is an exceptional attorney. He zealously represents his clients and treats other members of the bar with the utmost professional courtesy.”

“I endorse Andy without hesitation. I have seen him obtain successful results for his clients in and out of the courtroom. He knows the law and is a leader in the Nashville legal community. He is an excellent attorney.”

Publications

• Cyber Insurance Coverage: Potential Challenges, May 2023
• “Lessons Learned from the Target Data Loss About Subrogation Claims Against Information Technology (‘IT’) Companies.” Winter 2015 issue of the Subrogator magazine of NASP (the National Association of Subrogation Professionals).
• “Tennessee Court Vacates Dismissal of Claim Based on Plaintiffs’ Spoliation of Evidence Because the Defendant Spoliated Evidence Also.” Fall 2014 issue of the Subrogator magazine of NASP (the National Association of Subrogation Professionals).
• “Comparative Fault as a Defense in Products Liability Subrogation.” Property Casualty 360° January 17, 2014; Claims Magazine, February 2014.
• “Tennessee Limits Joint and Several Liability.” Fall 2013 issue of the Subrogator magazine of NASP (the National Association of Subrogation Professionals).
• “How To Recover For A Subcontractor’s Negligence.” Spring/Summer 2013 issue of the Subrogator magazine of NASP (the National Association of Subrogation Professionals).
• “‘Failure To Warn’ Claims Against Component Parts and Bulk Materials Suppliers – How to Avoid Common Defenses.” Spring/Summer 2012 issue of the Subrogator magazine of NASP (the National Association of Subrogation Professionals).
• “The Common Interest Doctrine – Key Practices for Maintaining Confidentiality.” Spring/Summer 2011 issue of the Subrogator magazine of NASP (the National Association of Subrogation Professionals).
• “When Should A Store Warn Customers?” Convention Issue 2012 of The Volunteer Grocer.
• “The Question of Legal Liability.” Convention Issue 2011 of The Volunteer Grocer.

Speaking Engagements

• Quoted in “Protect Yourself: What To Know About Shielding Your Business From Liability When You Hire A Sub” by Debra Gelbart of inPaint magazine. Fall 2014 at pp. 38-39.
• Quoted in “Avoiding Business on a Handshake: Minimize liability with a good contract” by Debra Gelbart of inPaint magazine. Summer 2014.
• “Litigating Insurance Coverage Claims: From Start to Finish” (co-presenter) including writing the materials for “Initial Pleadings/Motions – Filing the Suit” and “Discovery of the Insurance Case – Quantifying Damages/Loss.” NBI CLE. December 14, 2012.
• “Economic Loss in Casualty Claims” (co-presenter) at the Property Loss Research Bureau/Liability Insurance Research Bureau (PLRB/LIRB) 2012 Regional Adjusters Conferences.
  • June 26 and 27, 2012, Eastern Regional Conference in Providence, Rhode Island
  • September 5 and 6, 2012, Central Regional Conference in Schaumburg, Illinois
  • November 13 and 14, 2012, Western Regional Conference in Dallas, Texas
• “Loose Lips Sink Ships.” Nashville Claims Association. May 10, 2011.
• “Insurance Coverage Litigation.” NBI CLE. March 24, 2009.
• “Malicious Prosecution.” Barristers CLE. December 15, 2006.
• “Insurance Coverage Trends.” NBI CLE. June 21, 2006.

Representative Experience

PERSONAL INJURY LITIGATION

Tried multiple personal injury matters (for both plaintiffs and defendants) to jury verdict, including post-trial appeals in state and federal court, and secured many summary judgments, such as:

Secured jury verdict for premises liability defendant in six-day federal court trial in which plaintiff alleged CRPS/RSD (Complex Regional Pain Syndrome [CRPS]/Reflex Sympathetic Dystrophy [RSD]) and claimed expenses of over $4 million; extensive complicated Daubert motion practice.

Obtained summary judgment, which was upheld on appeal, based on workers’ compensation exclusive remedy in electrocution/burn/amputation matter.

MOTOR VEHICLE/TRUCKING ACCIDENTS/WRONGFUL DEATH

Successfully represented both plaintiffs and defendants in lawsuits arising out of motor vehicle accidents, including:

Defended driver of car against claim by motorcycle rider after accident resulting in paraplegia.

Represented trucking company against claim that its negligence caused over $1 million in property damage.

Represented defendants successfully in numerous wrongful death actions, including:

Represented driver of tractor-trailer and his employer against wrongful death claim in which the decedent’s surviving son and the truck driver both alleged that the other driver drove into their lane of travel.

Defended homeowners after fatal accident at their boat dock.

Defense of tragic accident involving multiple students.

PROPERTY DAMAGE (SUBROGATION/RECOVERY) WITH CONTRACT AND TORT CLAIMS

Sued defendants successfully for many types of large property losses such as the following:

Fuel gas explosion and fire that caused total loss of home, including claims under the Tennessee Consumer Protection Act (TCPA).

Fire during plumbing/restoration work that caused total loss of apartment building.

Fire arising from improperly designed and installed equipment and burner used in heater assembly.

Roof collapse caused by temporary employee operating forklift.

Water/flooding damage to pharmaceuticals while in transit for delivery.

Sewer lines damaged during excavation (and wrongful denial of insurance coverage as an additional insured).

Defended clients effectively against claims involving a variety of major property losses, including:

Contractor sued after employee used a cutting torch to install industrial equipment allegedly causing over $8 million in fire damage.

Water filter manufacturer sued for allegedly causing flooding and water damage to multiple buildings.

Automotive parts store sued for fire that damaged adjoining tenant’s store.

Baptistry manufacturer sued for water loss claims.

BUSINESS/COMMERCIAL/CONTRACT LITIGATION

Represented parties successfully in many commercial lawsuits, including:

Jury verdict for the defense on breach of contract claim for failure to purchase items discussed in signed letter, including award of over $1 million on defendant’s counterclaim; verdict and judgment upheld on appeal.

Defended bank sued for conversion of truck due to repossession of same; jury verdict for plaintiff reduced on appeal by approximately 90%.

Finance company sued guarantor of lending contract for refusal to pay after borrower’s default.

Claim of personal liability on a promissory note.

Commercial arbitration over alleged failure to pay for emergency room services as agreed in the parties’ contract.

Represented Successor Receiver during operation of troubled nursing home through its sale as an operating entity and resolution of all claims against it.

Represented multiple partners in suit with remaining partners in a dispute over ownership and control of the entity, which provided TennCare services.

Defended client whose signature was fraudulently affixed to contract that included arbitration clause.

Secured dismissal of plaintiff’s claim for misappropriation of trade secret for using video computer system to sell real estate; upheld on appeal.

PRODUCTS LIABILITY LITIGATION

Secured dismissals of many product liability claims:

Seller of product that utilized lithium-ion batteries which allegedly caused an explosion and serious injuries.

Alleged distributor of natural gas meter in wrongful death/burn/explosion claim.

Manufacturer of shower seat for negligent design and inadequate installation instructions and hardware.

Manufacturer allegedly liable for its product’s claimed failure to clean and sanitize laser equipment adequately for use in eye surgery.

Sellers of sleep mask against claim that mask injured plaintiff’s eyes.

CONSTRUCTION DEFECT CLAIMS

In both arbitration and court, defended general contractor against owner claims of multiple construction defects allegedly necessitating extensive repairs in nine new school buildings, including pursuing claims against architects, subcontractors, and insurance companies for their roles in the alleged defects, resulting in settlements of claims.

Effectively represented roof system manufacturer in suit alleging that liquid seepage from the roof and paint problems would necessitate that the entire roofing system be removed and replaced at a cost of $3.5 to $4 million.

Defended developer/home builder in successful resolution of multiple allegations of negligent construction of new home, breach of the construction contract, breach of construction warranty, and breach of agreement to repair.

INSURANCE COVERAGE LITIGATION

Successfully defended insurance carriers against multiple claims for coverage:

Secured defense verdict, which was upheld on appeal, at trial lasting ten days with a property damage claim exceeding $3 million based on damages sustained during major flooding.

Pursued declaratory judgment that client did not owe coverage for alleged improper excavation and topsoil removal.

Defended claim against insurance carrier for coverage for wrongful death claim filed by personal representative of decedent against retailer; litigated in the Tennessee Business Court.

Pursued insurance coverage and/or recovery successfully in multiple lawsuits:

Sued insurance carrier for local school seeking coverage for water damage to school property.

Sued excess insurance carrier and insurance broker to enforce coverage for jury verdict in excess of the $1 million limits of underlying insurance policy.

Defeated motion for summary judgment by insurance carrier which sought to avoid insurance coverage for fire subrogation loss.

HEALTHCARE LIABILITY; PROFESSIONAL LIABILITY/MALPRACTICE

Obtained dismissal of claim alleging improperly filled prescription and related birth defects.

Defended insurance agency successfully against claim by manufacturer and manufacturer’s insurance carrier that agency committed fraud by issuing a defective certificate of insurance.

Represented engineering and architecture firms effectively against claim that defective design of HVAC systems in new additions to five schools caused humidity problems and damages of approximately $1 million.

OTHER EXAMPLES OF SUCCESSFUL REPRESENTATIVE EXPERIENCE

Defended matters filed by Tennessee Occupational Health and Safety Administration (TOSHA).

Litigation involving alleged malicious prosecution and/or false arrest.

Defended premises operators sued for third-party criminal assaults.

Represented thermal energy plant operator and government against Governmental Tort Liability Act (GTLA) claim by subrogating worker’s compensation insurance carrier and injured worker.

Secured jury verdict and partial directed verdicts for landlord, including a judgment on counterclaim, in lawsuit filed by tenant alleging unlawful ouster and breach of lease by landlord.