Insurance Coverage Litigation & Counseling
Our Insurance Coverage Litigation & Counseling Practice is dedicated to maximizing the value of corporate and individual insurance assets. We have a substantial record of success, helping secure hundreds of millions of dollars in coverage for our clients over the course of our careers.
Attorneys in the Practice represent policyholders across a variety of industries and have substantial experience with complex insurance programs, often comprised of diverse types of insurance policies issued by numerous insurers and extending back many decades. We routinely advise, evaluate, negotiate and, if necessary, litigate insurance coverage disputes involving a wide range of claims and policies, including property insurance, business interruption coverage, third-party liability insurance for environmental, products, asbestos and other claims, as well as claims under Directors & Officers liability policies, claims under professional liability or Errors & Omissions insurance, employment practices liability claims, multimedia errors and omissions claims, and claims under fidelity bonds.
Notable recent representations include:
- Ongoing representation of a major manufacturer of agricultural products in insurance coverage litigation concerning in excess of $100 million, brought against scores of insurers to enforce coverage under pre-1986 policies in connection with putative class action products liability claims concerning herbicides.
- Ongoing representation of the owners of several prominent hotels in litigation with their insurers and the Consolidated Edison Company of New York concerning business interruption losses arising from Superstorm Sandy.
- Ongoing representation of a public agency in connection with a claim for insurance coverage under a cyber-liability insurance policy.
- Ongoing representation of a food processing company in connection with claims for insurance coverage arising from tainted beef products.
- Ongoing representation of a transformer recycling company in insurance litigation concerning flood damage arising from Superstorm Sandy.
- Negotiation and ongoing supervision of indemnification program in which client is reimbursed by its insurers for its continuing compensation of claimants under terms of settlement of nationwide class action toxic tort suit.
- Representation of an owner of buildings near the World Trade Center in connection with claims against insurer for losses of September 11, 2001.
- Securing insurance recovery for a major distributor of flavor and fragrance products in insurance coverage litigation, and obtaining reimbursement of past payments and reallocation of pending and future cost-sharing arrangements relating to numerous personal injury claims against client.
- Securing 100% recovery of policy limits for business interruption, property damage and environmental liability in negotiations with insurers on behalf of a transformer recycling company following the catastrophic destruction of its operating facility by fire.
- Successful representation of a private equity portfolio company in litigation commenced by its insurer in which the company recovered 99 percent of the submitted claim after a negotiated settlement.
- Successful representation of a prominent contemporary art gallery in mediation and litigation with its insurer concerning business interruption losses arising from Superstorm Sandy resulting in recovery of 95 percent of loss after insurer initially denied claim.
- Successful representation of several prominent restaurants in litigations with their insurer concerning business interruption losses arising from Superstorm Sandy.
- Successful representation of a Delaware real estate holding company in connection with an insurance dispute over damage caused by fire in which the company recovered 100 percent of its claimed loss after insurer initially agreed to cover just 25 percent of the loss.
- Successful representation of a leading hi-tech professional firm in negotiations with its insurer concerning coverage for a class-action lawsuit alleging unfair trade practice claims.
- Successful representation of a former director of a major art gallery in connection with a claim for insurance coverage arising out of a lawsuit brought by the gallery’s former attorney.
- Successful representation of a major provider of testing and inspection services in dispute with insurers of client’s co-defendant in catastrophic personal injury action.
The Practice also counsels clients on insurance issues before a claim arises. In this regard, we advise on insurance issues related to corporate transactions, provide legal advice relating to the terms and adequacy of our clients’ insurance programs, and advise on ways to enhance their programs.
Our attorneys are recognized as leaders of the policyholder bar. They have authored articles, co-authored treatises, and presented on a variety of insurance issues. Our attorneys have also served in leadership positions in national and local insurance-related bar organizations.