Representative Matters

Our insurance recovery experience includes:

  • Assisting a client in finding insurance recovery for historic environmental liabilities under decades-old CGL policies, helping move the company out of bankruptcy.
  • Representing a client facing a raft of securities-related lawsuits whose D&O insurance carriers denied coverage for the suits and sought to rescind the policies, saving the policies and recovering the full amount of D&O coverage available to the client.
  • Successfully suing a professional liability insurance company after they denied our client coverage for losses incurred when its customer terminated a contract, claiming the client failed to properly design and build a complex technology infrastructure system.
  • Obtaining favorable environmental liability settlements for clients in a broad array of industries, including mining, electronics, fire protection, hospitality, and food, with and without coverage litigation.
  • Securing coverage for clients facing asbestos and other mass tort liabilities, in both coverage litigation and negotiated resolutions.
  • Recovering hundreds of millions of insurance dollars for companies in underlying securities actions and achieved favorable court rulings in disputes between client companies and former directors and officers competing over the D&O insurance proceeds.
  • Acquiring coverage for major property losses resulting from fire, explosion, building collapse, and storms, including business interruption loss.
  • Utilizing insurance archaeology and obtaining favorable court rulings permitting recovery when only secondary evidence of policies could be found.
  • Obtaining precedent-setting appellate rulings on key coverage issues under the insurer’s duty to defend its policyholder, trigger of coverage, and allocation.
  • Acquiring venue preference in coverage disputes related to insurer’s preemptive litigation tactics.
  • Negotiating environmental cost-cap and pollution legal liability insurance policies in transactions involving contaminated properties, Bermuda form policies and cyber insurance policies with state-of-the-market coverages.
  • Procuring coverage for clients who were "additional insureds" under other parties’ insurance.