Photo of Lewis K. Loss

Lewis K. Loss Member

Areas of Practice

Industries

Bar Admissions

  • District of Columbia

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Eastern District of Michigan
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. Court of Appeals, 11th Circuit

Education

Harvard Law School, J.D., 1983

University of Michigan, B.A., with distinction, 1980

Lew Loss is a Member in Dykema's Washington, D.C. office and serves as Co-Director of the Firm's Insurance Industry Practice Group. Lew has been actively engaged in the private practice of law for over thirty-five years and serves as advisor and advocate for a diverse and growing group of valued clients. Chambers USA reports "clients agree that Lew displays judgment and strategy of the very highest caliber."

Commercial and Insurance.  Lew devotes a very substantial portion of his practice to the representation of liability insurers. He frequently is called upon by insurers to provide advice and counseling with respect to complex coverage issues involving a broad array of insurance products.

Lew has represented insurers in disputes all across the country and has successfully litigated cases in both federal and state court in numerous jurisdictions on behalf of insurer clients. He also is regularly called upon to serve as monitoring counsel, assisting his clients to navigate difficult claims to desirable outcomes. Lew has very extensive experience in the use of ADR processes to resolve disputes. His writings on issues of interest to liability insurers have been published in national periodicals, and he has spoken on a variety of issues at professional symposia as well.

Lew also enjoys a selective practice involving the representation of reinsurers and various non-insurance entities in connection with various civil matters.

Democracy and Civil Society.  Lew leads the firm in its role as general counsel for the Commission on Presidential Debates. He has been intimately involved in many aspects of the general election televised debates in every election cycle from 1988 (Bush-Dukakis) through 2016 (Clinton-Trump). Lew provides the CPD ongoing corporate advice, as well as more specialized advice pertaining to the special set of legal issues bearing on the sponsorship of presidential debates. In his role as counsel for the CPD, he has appeared many times before the Federal Election Commission and numerous courts when the CPD has faced legal challenges. Lew also has participated in multiple international delegations and symposia to counsel emerging and fragile democracies on the sponsorship of televised candidate debates.

Recognition.  For many years, Lew has been named one of "America's Leading Lawyers for Business" by Chambers USA and a “Washington, D.C. Super Lawyer.” He also is included on a regular basis in the International Who's Who of Business Lawyers.

Representative Insurance Cases

Allied World Surplus Lines Ins. Co. v. Day Surgery LLC (sexual misconduct/related claims)
2019 U.S. Dist. LEXIS 124792 (S.D.W. Va. July 26, 2019)

Farm Bureau Life Ins. Co. v. Holmes Murphy & Assocs. (underwriting exclusion/illusory coverage)
831 N.W.2d 129 (Iowa 2013)

Quest Diagnostics, L.L.C. v. Pinnacle Consortium of Higher Educ. (additional insured/indemnification issues)
93 A.3d 949 (R.I. 2014)

Progressive Cas. Ins. Co. v. Dalton (federal jurisdiction/abstention issues)
2012 U.S. Dist. LEXIS 173423 (E.D. Cal. Dec. 6, 2012)

Genesis Ins. Co. v. Magma Design Automation, Inc. (adequacy of notice of potential claim)
386 F. App'x 728 (9th Cir. 2010)

Unitedhealth Grp. v. Hiscox Dedicated Corporate Member, Ltd. (definition of damages/fines and penalties issues)
2010 U.S. Dist. LEXIS 10983 (D. Minn. Feb. 9, 2010)

Worldwater & Power Corp. v. Genesis Ins. Co. (claims made/notice issues)
2007 U.S. Dist. LEXIS 106211 (2007)

WFS Fin., Inc. v. Progressive Cas. Ins. Co. (related claims issues)
232 F. App'x 624 (9th Cir. 2007)

Fireman’s Fund Ins. Co. v. CTIA (bad faith issues)
480 F. Supp. 2d 7 (D.D.C. 2007)

Genesis Ins. Co. v. Crowley (jurisdictional issues)
495 F. Supp. 2d 1110 (D. Colo. 2007)

Vulcan Eng’g Co. v. XL Ins. Am. (insured v. insured exclusion)
201 F. App'x 678 (11th Cir. 2006)

Medill v. Westport Ins. Corp. (scope of exclusions/definition of loss)
143 Cal. App. 4th 819 (2006)

Grand Court Lifestyles, Inc. v. Cohen (In re Grand Court Lifestyles, Inc.) (justiciability of declaratory judgment issues)
309 B.R. 117 (Bankr. D.N.J. 2004)

Sphinx Int’l v. Nat’l Union Fire Ins. Co., (insured v. insured)
226 F. Supp. 2d 1326 (M.D. Fla. 2002)

Representative Democracy and Civil Society Cases

Johnson v. Comm’n on Presidential Debates (debate challenges based on First Amendment and Antitrust laws)
869 F.3d 976 (D.C. Cir. 2017)

Becker v. FEC (debate challenge involving standing and statutory construction issues)
112 F. Supp. 2d 172 (D. Mass. 2000)

Perot v. FEC (debate challenge involving First Amendment and regulatory issues)
97 F.3d 553 (D.C. Cir. 1996)

Fulani v. Brady (tax exempt status challenge involving standing issues)
935 F.2d 1324 (D.C. Cir. 1991)

Blog Posts

Memberships & Involvement

  • Professional Liability Underwriting Society
  • Recognized in Washington, D.C. Super Lawyers®  for Insurance Coverage and Nonprofit Organizations, 2007-2020
  • Named a Leading Lawyer in Insurance by Chambers USA, 2007-2020