Darius N. Kandawalla
Member
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direct 614.229.3255
assistant 614.229.3315
Overview
Darius has over 25 years of experience representing insurers as coverage counsel with respect to Directors and Officers liability policies, fiduciary and employment liability policies, and other professional liability policies. He is regularly engaged to represent insurers in complex, high-profile matters, including securities class actions, shareholder derivative litigation, M&A litigation, bankruptcy litigation, ERISA class actions, cybersecurity class actions, and regulatory investigations and proceedings. He has successfully litigated significant coverage actions throughout the country, in federal and state courts.
Darius has a Martindale-Hubbell AV peer rating, which represents a very high preeminent legal ability and general ethical standard. He is a long-standing member of the Firm’s Board of Directors and currently serves as Chair of the Board.
Practice Areas
Credentials
Education
The Ohio State University Moritz College of Law (J.D., 1996; with honors)
Law Journal
ABA Moot Court Team
Bowling Green State University (B.A., 1993; cum laude)
Bar Admissions
Ohio
Court Admissions
U.S. District Court, Southern District of Ohio
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Eleventh Circuit
Professional Highlights
Noteworthy Experience
Lead counsel in successful defense of primary and excess D&O insurers in a number of significant cases, including:
- Digitalbridge Grp., Inc. v. XL Specialty Ins. Co., 2025 Cal. Super. LEXIS 28297 (July 30, 2025) – following an 8-day bench trial, judgment entered for D&O insurers based on capacity and run-off issues.
- Citigroup Inc. v. Fed. Ins. Co., 649 F.3d 367 (5th Cir. 2011); Citigroup, Inc. v. Nat’l Union Fire Ins. Co., 2010 U.S. Dist. LEXIS 60128 (S.D. Tex. May 28, 2010) – judgment granted and appeal affirmed for excess D&O insurers based on lack of proper exhaustion of underlying policies.
- Begun v. Scottsdale Ins. Co., 613 Fed. Appx. 643 (9th Cir. 2015); Case No. 3:12-cv-03649-EDL (N.D. Cal. May 14, 2013) – motion to dismiss granted for D&O insurer and affirmed on appeal based on broad professional services exclusion.
- US HF Cellular Communs., LLC v. Scottsdale Ins. Co., 776 F. App’x 275 (6th Cir. 2019); 2018 U.S. Dist. LEXIS 98019 (S.D. Ohio June 12, 2018) -summary judgment granted for D&O insurer and affirmed on appeal because the underlying claim was not timely reported and the insured made material misrepresentations in its application.
- Kayne Anderson Capital Advisors, L.P. v. AIG Specialty Ins. Co., 2024 Cal. App. Unpub. LEXIS 411 (Cal. Ct. App. Jan. 23, 2024); 2022 Cal. Super. LEXIS 41269 (Cal. Super. June 23, 2022) -summary judgment granted for E&O insurers and affirmed on appeal because claim did not arise from the insured’s performance of professional services.
- Turner v. Cincinnati Ins. Co., No. 20-50548, 2021 U.S. App. LEXIS 24439 (5th Cir. Aug. 13, 2021); USDC No. 6:19-CV-642 (W.D. Tex. Mar. 12, 2020) – affirmed judgment for D&O insurer because claim was deemed first made prior to policy period.
- Surgery Partners, Inc. v. Nat’l Union Fire Ins. Co., 2023 Fla. App. LEXIS 2232 (2d Dist. Mar. 31, 2023) – summary judgment granted for D&O insurers and affirmed on appeal because claim not first made during policy period.
- Sunrise Specialty Co. v. Scottsdale Ins. Co., 707 F. App’x 507 (9th Cir. 2017); 2016 U.S. Dist. LEXIS 131664 (N.D. Cal. Sep. 26, 2016) – summary judgment granted for D&O insurer and affirmed on appeal because claim brought by former directors did not fall within derivative exception to insured v. insured exclusion.
- Czerwinski v. Scottsdale Ins. Co., No. CV 17-4408 PA (MRWx), 2017 U.S. Dist. LEXIS 147727 (C.D. Cal. Sep. 11, 2017) – summary judgment granted for D&O insurer and affirmed on appeal based on insured v. insured exclusion.
- Benjamin & Bros., LLC v. Scottsdale Indem. Co., No. 6:18-cv-1807-Orl-31DCI, 2019 U.S. Dist. LEXIS 45483 (M.D. Fla. Mar. 20, 2019) – motion to dismiss granted for insurer based on intellectual property exclusion.
- Black Bear Reserve Homeowner’s Ass’n v. Travelers Cas. & Sur. Co. of Am., 227 So. 3d 596 (Fla. Dist. Ct. App. 2017) – summary judgment granted for D&O insurer and affirmed on appeal based on various claims-made and late notice issues.
- UnitedHealth Group v. Hiscox Dedicated Corporate Member, Ltd., 2010 U.S. Dist. LEXIS 10983 (D. Minn. Feb. 9, 2010) – motion to dismiss granted for D&O insurers because relief sought solely constituted uncovered benefits.
Litigated, arbitrated, and mediated multitude of other coverage disputes resulting in favorable dispositions for primary and excess insurers.
Represented D&O insurers in connection with hundreds of securities class actions, derivative claims, M&A litigation, ERISA stock-drop litigation, failed bank claims, employment matters, professional liability claims, and other management liability claims.
Publications & Speaking Engagements
Contributing Author and Chapter Editor of Liability of Corporate Officers and Directors (8th Ed., LexisNexis Matthew Bender Publishing, 2009), and annual supplements.
Co-Author, Directors’ Liability and Indemnification – A Global Guide, First and Second Editions (Globe Business Publishing Ltd. 2007 & 2011).
Author of D&O Practice Area Module, Lexis Practice Advisor (lexisnexis.com).
Co-Author, Directors’ and Officers’ Liability Exposures (IRMI 2019).
Co-Author, ERISA Stock-Drop Litigation Exposures
Regular speaker on D&O liability and insurance issues.
Professional Recognition
Columbus CEO Top Lawyer, 2024
Affiliations and Civic Involvement
United Way, Tocqueville Society
Professional Liability Underwriting Society
Member of Columbus Bar Association
Member of Ohio Bar Association
Volunteer, United Way of Central Ohio, grant reviewer
Regular coach and advisor to moot court and mock trial teams
Former Trustee, Opera Columbus
Former Trustee, Capital Regiment Drum & Bugle Corps
Darius has over 25 years of experience representing insurers as coverage counsel with respect to Directors and Officers liability policies, fiduciary and employment liability policies, and other professional liability policies. He is regularly engaged to represent insurers in complex, high-profile matters, including securities class actions, shareholder derivative litigation, M&A litigation, bankruptcy litigation, ERISA class actions, cybersecurity class actions, and regulatory investigations and proceedings. He has successfully litigated significant coverage actions throughout the country, in federal and state courts.
Darius has a Martindale-Hubbell AV peer rating, which represents a very high preeminent legal ability and general ethical standard. He is a long-standing member of the Firm’s Board of Directors and currently serves as Chair of the Board.
Practice Areas
Education
The Ohio State University Moritz College of Law (J.D., 1996; with honors)
Law Journal
ABA Moot Court Team
Bowling Green State University (B.A., 1993; cum laude)
Bar Admissions
Ohio
Court Admissions
U.S. District Court, Southern District of Ohio
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Eleventh Circuit
Noteworthy Experience
Lead counsel in successful defense of primary and excess D&O insurers in a number of significant cases, including:
- Digitalbridge Grp., Inc. v. XL Specialty Ins. Co., 2025 Cal. Super. LEXIS 28297 (July 30, 2025) – following an 8-day bench trial, judgment entered for D&O insurers based on capacity and run-off issues.
- Citigroup Inc. v. Fed. Ins. Co., 649 F.3d 367 (5th Cir. 2011); Citigroup, Inc. v. Nat’l Union Fire Ins. Co., 2010 U.S. Dist. LEXIS 60128 (S.D. Tex. May 28, 2010) – judgment granted and appeal affirmed for excess D&O insurers based on lack of proper exhaustion of underlying policies.
- Begun v. Scottsdale Ins. Co., 613 Fed. Appx. 643 (9th Cir. 2015); Case No. 3:12-cv-03649-EDL (N.D. Cal. May 14, 2013) – motion to dismiss granted for D&O insurer and affirmed on appeal based on broad professional services exclusion.
- US HF Cellular Communs., LLC v. Scottsdale Ins. Co., 776 F. App’x 275 (6th Cir. 2019); 2018 U.S. Dist. LEXIS 98019 (S.D. Ohio June 12, 2018) -summary judgment granted for D&O insurer and affirmed on appeal because the underlying claim was not timely reported and the insured made material misrepresentations in its application.
- Kayne Anderson Capital Advisors, L.P. v. AIG Specialty Ins. Co., 2024 Cal. App. Unpub. LEXIS 411 (Cal. Ct. App. Jan. 23, 2024); 2022 Cal. Super. LEXIS 41269 (Cal. Super. June 23, 2022) -summary judgment granted for E&O insurers and affirmed on appeal because claim did not arise from the insured’s performance of professional services.
- Turner v. Cincinnati Ins. Co., No. 20-50548, 2021 U.S. App. LEXIS 24439 (5th Cir. Aug. 13, 2021); USDC No. 6:19-CV-642 (W.D. Tex. Mar. 12, 2020) – affirmed judgment for D&O insurer because claim was deemed first made prior to policy period.
- Surgery Partners, Inc. v. Nat’l Union Fire Ins. Co., 2023 Fla. App. LEXIS 2232 (2d Dist. Mar. 31, 2023) – summary judgment granted for D&O insurers and affirmed on appeal because claim not first made during policy period.
- Sunrise Specialty Co. v. Scottsdale Ins. Co., 707 F. App’x 507 (9th Cir. 2017); 2016 U.S. Dist. LEXIS 131664 (N.D. Cal. Sep. 26, 2016) – summary judgment granted for D&O insurer and affirmed on appeal because claim brought by former directors did not fall within derivative exception to insured v. insured exclusion.
- Czerwinski v. Scottsdale Ins. Co., No. CV 17-4408 PA (MRWx), 2017 U.S. Dist. LEXIS 147727 (C.D. Cal. Sep. 11, 2017) – summary judgment granted for D&O insurer and affirmed on appeal based on insured v. insured exclusion.
- Benjamin & Bros., LLC v. Scottsdale Indem. Co., No. 6:18-cv-1807-Orl-31DCI, 2019 U.S. Dist. LEXIS 45483 (M.D. Fla. Mar. 20, 2019) – motion to dismiss granted for insurer based on intellectual property exclusion.
- Black Bear Reserve Homeowner’s Ass’n v. Travelers Cas. & Sur. Co. of Am., 227 So. 3d 596 (Fla. Dist. Ct. App. 2017) – summary judgment granted for D&O insurer and affirmed on appeal based on various claims-made and late notice issues.
- UnitedHealth Group v. Hiscox Dedicated Corporate Member, Ltd., 2010 U.S. Dist. LEXIS 10983 (D. Minn. Feb. 9, 2010) – motion to dismiss granted for D&O insurers because relief sought solely constituted uncovered benefits.
Litigated, arbitrated, and mediated multitude of other coverage disputes resulting in favorable dispositions for primary and excess insurers.
Represented D&O insurers in connection with hundreds of securities class actions, derivative claims, M&A litigation, ERISA stock-drop litigation, failed bank claims, employment matters, professional liability claims, and other management liability claims.
Publications & Speaking Engagements
Contributing Author and Chapter Editor of Liability of Corporate Officers and Directors (8th Ed., LexisNexis Matthew Bender Publishing, 2009), and annual supplements.
Co-Author, Directors’ Liability and Indemnification – A Global Guide, First and Second Editions (Globe Business Publishing Ltd. 2007 & 2011).
Author of D&O Practice Area Module, Lexis Practice Advisor (lexisnexis.com).
Co-Author, Directors’ and Officers’ Liability Exposures (IRMI 2019).
Co-Author, ERISA Stock-Drop Litigation Exposures
Regular speaker on D&O liability and insurance issues.
Professional Recognition
Columbus CEO Top Lawyer, 2024
Affiliations and Civic Involvement
United Way, Tocqueville Society
Professional Liability Underwriting Society
Member of Columbus Bar Association
Member of Ohio Bar Association
Volunteer, United Way of Central Ohio, grant reviewer
Regular coach and advisor to moot court and mock trial teams
Former Trustee, Opera Columbus
Former Trustee, Capital Regiment Drum & Bugle Corps