Michael J. Daly
Mike Daly focuses his practice on representing clients involved in litigation over business, insurance and maritime disputes. He has tried, arbitrated, and otherwise litigated cases involving breach of contract, insurance coverage and bad faith allegations, personal injuries, liability under the Jones Act and General Maritime Law, vessel arrests and maritime attachments. Mike’s recent accomplishments include:
- Obtaining summary judgment for insurance broker sued for alleged malpractice. (March 2018)
- Winning a Rhode Island federal court jury verdict for a pro bono client in police brutality case (April 2017).
- Prevailing on appeal to Massachusetts Appeals Court (April 2017), reversing trial court opinion and establishing new precedent that paved the way for food processor client to obtain summary judgment on remand (February 2018) and recover all damages sought.
- Obtaining summary judgment for annuity company that was defrauded out of millions of dollars through a “stranger-initiated annuity transaction” scheme (February 2017).
- Recovering an arbitration award for a health insurer to recoup substantial overpayment of funds paid to health care provider based on false claim submissions (January 2017).
- Obtaining voluntary dismissal of Jones Act claims asserted against tug boat company after exposing multiple fraudulent statements made by the plaintiff (December 2016).
- Winning appeal to the Maine Supreme Judicial Court, vacating judgment against product supplier for breach of warranty (December 2016).
- Obtaining a multimillion dollar judgment in a business contract dispute following a jury trial in Rhode Island federal court (January 2014).
Mike is a member of the firm's management committee. He also is a frequent author and speaker on topics including federal court practice and procedure, admiralty law, and insurance coverage.
He has been an adjunct professor at Roger Williams University School of Law, where he taught federal court commercial litigation. He served on the faculty of the Rhode Island Federal Court Litigation Academy in 2017 and 2018.
From 2015-2017, Mike was a co-chair of the local rules review committee for the United States District Court for the District of Rhode Island. He also is a co-author of the Local Admiralty Rules for the District of Rhode Island.
Honors & Distinctions
- Listed in Rhode Island Monthly’s Professional Excellence in Law in the area of Aviation, Admiralty, Maritime, and Transportation (2021)
- Recognized by Chambers USA for Commercial Litigation (2019-present)
- Recognized by The Best Lawyers in America® for Commercial Litigation (2016-present)
- Recognized as a Rhode Island Super Lawyer in Business Litigation (2013-present)
- Recognized as a top "40 Under 40" by Providence Business News (2013)
Professional Activities
Speaking Engagements
- RI Marine Archeology Program, Property Rights vs. Presentation, Two Shipwreck Case Studies (April 2018)
- American Bar Association, Tort Trial and Insurance Practice Section Conference, Extra Contractual Insurance Claims: When Good Faith Claim Handling Misses the Mark or Implodes, Chicago, IL (2017)
- American Claims Institute, Admiralty Claims and Litigation, Houston, TX (2014-2016)
- American Bar Association Annual Meeting, Unsettling Issues With Mass Tort Settlements, Chicago, IL (2015)
- Rhode Island Federal District Court Conference: Admiralty Law Arrests and Attachments (October 2013)
- National Business Institute: Insurance Coverage Law (2007, 2008, 2012)
- Defense Counsel of Rhode Island, CLE Seminar: Damages: Legal, Practical and Pragmatic Considerations of Value Assessment (May 2011)
- Maritime Law Association, Recreational Boating Committee Meeting: Piracy and Recreational Boating (May 2010)
- American Bar Association/(TIPS), Insurance Coverage Litigation Committee Annual Meeting: Insurance Coverage for Maritime Piracy (February 2010)
- Rhode Island Federal District Court / Federal Practice Series Seminar: Admiralty Law and Jurisdiction (March 2009)
Professional Associations
- Tort Trial and Insurance Practice Section of the American Bar Association, Admiralty Committee (Chair, 2009-2010, vice chair 2010-present), The Brief (Editorial Board 2012-2014)
- Maritime Law Association
- Rhode Island Bar Association
Publications
- Co-author, Recent Developments in Admiralty and Maritime Law, Tort Trial & Insurance Practice Law Journal (2009-2011)
- Marine and Coastal Law, Cases and Materials 2nd Ed. Praeger Publishing (2010)
- Punitive Damages, Rhode Island Chapter. DRI Survey of Punitive Damages Laws (2009)
- Intellectual Property. Chapter, DRI Young Lawyers Form Book (2009)
- Has the Antiquities Act Gone Down With the Ship? A Preemption Analysis of Rhode Island's Shipwreck Laws, 6 Roger Williams U. Law Rev. 539 (2001).
Civic Activities
- Harbor Management Commission, Portsmouth, R.I., (2013-present)
- Legal Committee, Save the Bay (2008-present)
- School Committee Member, Portsmouth, R.I. (June-November 2012)
- Board Member, Portsmouth Public Education Foundation (2011-2012)
- Youth Soccer Coach, Portsmouth, R.I. (2009-2012, 2014-2015)
Practice Areas
Representative Experience
- Obtained Rhode Island federal court jury verdict for a pro bono client in police brutality case.
- Won appeal to the Massachusetts Appeals Court to obtain insurance coverage for a food processor.
- Recovered an arbitration award for a health insurer to recoup substantial overpayment of funds paid to health care provider based on false claim submissions.
- Obtained voluntary dismissal of Jones Act claims asserted against tug boat company after exposing multiple fraudulent statements made by the plaintiff.
- Won appeal to the Maine Supreme Judicial Court, vacating judgment against product supplier for breach of warranty.
- Recovered a $2.9 million judgment following a federal court jury trial in a case involving a dispute over a long term business contract between companies involved in the plastic film industry.
- Obtained summary judgment for health insurer in ERISA action involving claim of wrongful denial of health benefits.
- Obtained a favorable order for a general contractor seeking to enforce an Ohio arbitration clause. The matter was named as one of the most important Rhode Island opinions of 2012 because it was the first time a court concluded that the Federal Arbitration Act preempted a Rhode Island statute that prohibits out-of-state arbitration in certain construction matters.
- Obtained summary judgment for yacht manufacturer that was sued for alleged design defects and breach of warranty.
- Representation of annuity companies in a series of high-profile lawsuits centering on a secretive Stranger Owned Annuity Transaction scheme.
- Obtained arbitration award for national boat builder in a dispute over its termination of a dealership agreement.
- Obtained favorable resolution on behalf of a national bank sued for wrongful repossession of a yacht subject to a preferred ship mortgage.
- Defense of home builder in connection with a series of lawsuits alleging various construction defects and breaches of warranty.
- Defense of gaming company in litigation over an alleged breach of a multimillion dollar royalty agreement.
- Representation of life, health and disability insurers in connection with coverage disputes governed by ERISA and state law.
- Wrote amicus brief in the First Circuit Court of Appeals concerning the constitutionality of Rhode Island's campaign finance and disclosure laws.
- Obtained favorable and fair resolution on behalf of coastal property owners cited for violations of state environmental regulations.
Latest Updates in Litigation
Representative Experience
- Defense of owners of tug boats, fishing vessels and racing sail boats in multiple Jones Act cases filed in Rhode Island, Massachusetts and Maine federal courts.
- Representation of port to recover damages to repair damage to piers caused by car-carrier vessel.
- Defense of fishing vessel in arbitration over maritime salvage claim.
- Advised tugboat company in connection with the death of a captain and compliance with U.S. Coast Guard reporting requirements.
- Representation of multiple marine lenders to arrest vessels and foreclose on preferred ship mortgages.
- Defenses of boat builders in litigation involving allegations of product liability and breach of warranty.