Areas of Practice

Insurance Coverage

What is your business's most undervalued asset? Would you guess insurance? We can make sure you are receiving the full benefits of the coverage you have purchased.

You purchased insurance to manage your risk today and protect your business into the future. Do you know what your policies cover? Do you know what to do if you have to file or face a claim? We do – and we can help you understand the full scope of your insurance benefits and rights.
Our goal is to help you:

  • Understand your insurance coverage today and what you can expect tomorrow
  • Identify gaps in your insurance coverage
  • Enforce your business’s rights under your insurance policies

We can provide opinions related to coverage and help you navigate the variety of issues that frequently arise in complex insurance litigation.

Facing a claim?
We are skilled advisors and advocates, representing your interests during all aspects of the claim process – from investigation to policy interpretation, claim evaluation to any ensuing litigation. We will assess the parties’ respective obligations under all applicable policies and counsel you regarding the implications of the pertinent coverage forms, exclusions, and endorsements.
We represent clients in state and federal courts in breach of contract claims, declaratory judgments, interpleaders, equitable garnishment actions, and lawsuits seeking extra-contractual and exemplary damages over and above the limits of applicable policies. The types of claims in which we have represented parties include, for example, those brought under the following policies:

  • Automobile (commercial, fleet, and individual)
  • Business interruption
  • Commercial general liability
  • Commercial property
  • Director and officer, errors and omissions
  • Environmental
  • Medical liability

We also represent parties in claims and lawsuits involving multiple carriers, policies of primary and excess coverage, requests for information from state insurance authorities, and allegations of bad faith or vexatious refusal to defend.

Pre-trial Counseling
The counsel you receive prior to litigation is critical and clients turn to us for pre-suit investigation of insurance claims and pre-trial counsel including:

  • Advising on the retention of experts
  • Conducting witness interviews
  • Evaluating documents submitted in support of claims
  • Taking sworn examinations of insureds following the submission of a claim
  • Preparing coverage opinions
  • Assisting in authoring final coverage determinations

In the event a claim is paid, we can counsel you with regard to potential avenues for recovery, including subrogation and contribution from other carriers.

Representative Clients
While every situation is unique, many of our clients align with the following scenarios:

  • Corporations when the company has been put on notice
  • Businesses contemplating purchase or sale – to institute reserves to protect against the future risk or evaluate the risk or opportunity associated with the transaction
  • Businesses needing to develop risk management policies to managing transactional risks (developing or understanding warranties, contracts, etc.)
  • Chemical manufacturers managing environmental risk
  • Contracting companies seeking management of risk or portfolios of claims and proper classification of employees to insure policies and premiums are properly assessed
  • Manufacturers
  • Members of boards and directors facing fraud claims (D&O claims – making sure directors have the benefit of coverage)
  • Trucking and logistics companies

Finding Value in Your Coverage

The scenario:
Our client, a chemical manufacturer with 172 site, had a portfolio of insurance, but the insurance company denied a claim. Our client still had rights and the exposure was ongoing. Our client needed to harvest the value from the insurance and opted to sell back the coverage, which limited future risk and resulted in a welcome cash inflow for the company.

Result:
We were able to induce the client’s insurance company to pay $14 million to our client, infusing them with needed financial resources and terminating the insurance company’s future obligations.

Attorneys | Insurance Coverage

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