We are recognized leaders in the field of “insurance recovery” litigation – a practice which involves the representation of policyholders seeking coverage from their insurance carriers. There are many scenarios in which a policyholder might sue its insurer, but most commonly it is for defense and indemnity arising from claims involving a wide range of matters, including product and environmental liabilities, securities and antitrust cases, patent, directors and officers claims, and employment-related claims.
We have represented policyholder clients in some of the highest profile insurance cases, and helped create favorable new law in several jurisdictions. Because of this track record, our clients are often able to secure favorable settlements without the necessity of litigation, or at early stages of litigation.
We have experience with all the principal coverage issues that arise under standard liability and first-party property policies, as well as many specialty coverages. We have expertise in the many procedural aspects of major coverage litigation, including choice of law, forum non conveniens, party joinder and case management issues, as well as in addressing duty-to-defend disputes, including independent counsel and fee-rate limitation issues.
Our practice has extensive experience with complex insurance programs, often involving hundreds of insurers extending back many decades. We have frequently worked with risk managers and consultants to reconstruct historical insurance programs by retrieving or substantiating the existence of lost policies.
Our practice has a substantial amount of recent litigation experience involving:
- General liability coverage
- Directors and officers liability coverage
- First-party property coverage, including business interruption
- Products liability coverage
- Professional liability coverage (“errors and omissions” coverage)
- Environmental insurance coverage
- Disaster coverage
- Business tort coverage
- Fidelity coverage
- Financial institution coverage
- Intellectual property coverage
- Captive insurers pursuing reinsurance claims
- Warranty insurance coverage
- Special risk coverage
- Problems with insolvent insurers