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 around the country involving breach of contract, insurance coverage and bad faith allegations, personal injuries, liability under the Jones Act and General Maritime Law, vessel arrests, and professional liability. Mike also serves as outside general corporate counsel for a world-renowned yacht manufacturer, advising the company on a variety of litigation and non-litigation matters. Mike’s recent accomplishments include:
- Representing health insurer in multiple lawsuits involving disputes over reimbursement for hundreds of claims submitted by a Rhode Island hospital
- Favorable mid-trial resolution of disputes over non-payment of yacht crew wages
- Obtaining order directing transfer of infringing website domain names to client
- Obtaining favorable confirmed arbitration awards in fee dispute between attorneys
- Obtaining confirmed arbitration awards denying legal malpractice and fraud claims against attorney and recovering unpaid fees
- Obtaining an order confirming insurer's duty to continue paying for defense of property developer in
- Successfully resolved multi-million dollar accounting malpractice claim against international accounting firm
- Obtaining summary judgment for insurance broker sued for alleged malpractice
- Winning a Rhode Island federal court jury verdict for a pro bono client in police brutality case
- Prevailing on appeal to Massachusetts Appeals Court, reversing trial court opinion and establishing new precedent that paved the way for food processor client to obtain summary judgment on remand 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
- Recovering an arbitration award for a health insurer to recoup substantial overpayment of funds paid to health care provider based on false claim submissions
- Obtaining voluntary dismissal of Jones Act claims asserted against tug boat company after exposing multiple fraudulent statements made by the plaintiff
- Winning appeal to the Maine Supreme Judicial Court, vacating judgment against product supplier for breach of warranty
- Obtaining a multi-million dollar judgment in a business contract dispute following a jury trial in Rhode Island federal court
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.
The Chief Judge of the Rhode Island federal court has appointed Mike to serve on the Court Advisory Counsel, where he currently is a member of the Local Rules Committee and the Access to Justice Committee. Mike has previously served as the co-chair of the Rhode Island federal court local rules review committee and is a co-author of the Local Admiralty Rules for the District of Rhode Island.
Mike has been an adjunct professor at Roger Williams University School of Law, where he taught federal court commercial litigation. Since 2017, he has served as a repeat member of the faculty of the Rhode Island Federal Court Litigation Academy.
Honors & Distinctions
- 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)
- Listed in Rhode Island Monthly’s Professional Excellence in Law in the area of Aviation, Admiralty, Maritime, and Transportation (2021)
- 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)
Professional Associations
- Tort Trial and Insurance Practice Section of the American Bar Association, Admiralty Committee (Chair, 2009-2010, vice chair 2010-present)
- Maritime Law Association
- Rhode Island Bar Association
Publications
- Marine and Coastal Law, Cases and Materials 3d Ed. Praeger Publishing (2022)
- 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., (2013-2020)
- Legal Committee, Save the Bay (2008-2019)
- School Committee Member, Portsmouth, R.I. (June-November 2012)
Practice Areas
Representative Experience
- Trial of dispute over non-payment of yacht crew wages.
- Representation of commercial fishing vessel owner in litigation against US Coast Guard regarding documentation cancellation
- Won appeal to Texas Court of Appeals confirming arbitration award in dispute over payment of attorneys' fees.
- Obtained arbitration awards, confirmed by a Texas federal court, denying legal malpractice and fraud claims asserted against attorney client and recovering fees owed to client.
- 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 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.