Representative Matters

  • Environmental Coverage for Historic Liabilities. In a client’s bankruptcy reorganization plan, insurance recovery played a critical part—the company's emergence from Chapter 11 depended on it. Our affirmative, interrelated practice capabilities allowed us to find insurance recovery for historic environmental liabilities under decades-old CGL policies, where no one expected it to be, helping move the company out of bankruptcy.
  • D&O Coverage for Securities Liabilities. Facing a raft of securities-related lawsuits, a client turned to us when its D&O insurance carriers denied coverage for the suits and sought to rescind the policies.  Working closely with the client and its insurance broker, we helped devise a plan to save the policies and then recovered the full amount of D&O coverage available to the client.
  • Coverage for Business Dispute Loss. A client’s professional liability insurer denied coverage for losses the client incurred when its customer terminated a contract, claiming the client failed to properly design and build a complex technology infrastructure system. When mediation did not resolve the coverage dispute, we sued the insurance company in a state convenient for the client and successfully resolved the dispute for a substantial insurance recovery.
  • Environmental Liabilities. Obtained favorable settlements for clients in a broad array of industries, including mining, electronics, fire protection, hospitality, and food, with and without coverage litigation.
  • Mass Tort Liabilities. Secured coverage for clients facing asbestos and other mass tort liabilities, in both coverage litigation and negotiated resolutions.
  • D&O Coverage. Recovered 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.
  • Property Loss. Acquired coverage for major property losses resulting from fire, explosion, building collapse, and storms, including business interruption loss.
  • Lost or Missing Policies. Utilizing insurance archaeology, obtained favorable court rulings permitting recovery when only secondary evidence of policies could be found.
  • Duty to Defend. Obtained precedent-setting appellate rulings on key coverage issues under the insurer’s duty to defend its policyholder, trigger of coverage, and allocation.
  • Venue Preference. Acquired venue preference in coverage disputes related to insurer’s preemptive litigation tactics.
  • Specialty Policies. Negotiated 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.
  • Additional Insureds. Procured coverage for clients who were "additional insureds" under other parties’ insurance.