Bradley’s clients enjoy the benefit of experienced and successful national coverage counsel without the costs often associated with national-level representation. Our attorneys instead provide national firm representation at highly competitive firm rates that are often substantially below the rates of other law firms with policyholder practices.
Clients recognize that the firm provides value. One client recently commented to a researcher at Chambers USA that he “applauds the firm’s New York quality at Alabama prices.” Because the firm is based in less-expensive geographic areas, clients obtain the same quality and depth of experience but at significantly lower rates than are available from a number of other policyholder firms based in more-expensive markets.
The firm stands behind its commitment to value. In 2008, Bradley became a founding participant in the Association of Corporate Counsel Value Challenge. The firm strongly supports this effort by law firms, law departments, and other legal community leaders and service providers to:
Attorneys on the Policyholder Insurance Coverage team advise clients on insurance procurement and renewal, transactional due diligence, claims submission and management, insolvent insurer recoveries, insurance archaeology, and all forms of dispute resolution.
Insurance Policy Terms and Conditions Advice
We regularly assist clients in obtaining new coverages or renewing existing programs, auditing existing policies, and recommending improvements to policy terms and conditions. We have provided this advice to clients in numerous industries. We routinely coordinate with brokers to obtain initial or renewal terms tailored to the needs of insureds under all types of insurance policies.
Transactional Due Diligence
We assist companies participating in transactions by analyzing available coverage and advising on methods to structure transactions to best effectuate the parties’ intended disposition of insurance rights and proceeds, and by reviewing existing insurance programs of the contracting parties.
Claims and Circumstances Analysis
We analyze potential claims and advise on the viability of providing notice of circumstances to preserve existing coverage and to avert an insurer’s late notice defense. When notified of an insurer’s claim denial or reservation of rights, our attorneys efficiently analyze the relevant policies and claims to advise the client on the prospects of obtaining coverage. We examine the relevant facts, policy language, and applicable insurance law, and provide recommendations on whether and how to best pursue recovery for the disputed claim, with a focus on obtaining a business solution.
We assist clients with their claims notification processes, draft notice letters, institute insurer notification procedures, monitor and respond to insurance company information requests, and otherwise assist with claims submission.
Insolvent Insurer Recoveries
We are experienced in recovering insurance proceeds from insolvent or failing insurance companies, including Resolute Management Services, Ltd. (formerly Equitas) and London Market companies. We track companies in runoff and advise on strategy for maximizing the value of insurance sold by insurers in runoff or financial difficulty.
We locate missing policies and reconstruct decades-old insurance programs. These missing policies are often extremely valuable financial resources to companies; we are familiar with the most successful methods for recovering missing or lost policies and have discovered valuable and often unknown insurance coverage for clients.
We represent clients in every type of forum designed to resolve insurance disputes (whether litigation, arbitration, or mediation). We have litigated, arbitrated, and mediated in numerous jurisdictions on behalf of clients in a variety of industries. We can effectively represent clients in matters of virtually every size.
Agricultural and Crop Insurance
We advise clients on crop losses and other coverage issues under this unique insurance coverage available to agricultural producers for the loss of crops or the loss of revenue arising out of a covered loss.
Auto (UM and UIM)
We routinely advise businesses on all aspects of automobile coverage, including uninsured and underinsured motorist coverage. Our team recently represented a major auto manufacturer on coverage matters underlying a significant UM case. The matter was successfully resolved with funding from the insurer and others.
Commercial General Liability
We have handled matters involving every commercial liability coverage grant including:
Crime and Fidelity Bonds
We advise businesses on crime and fidelity bond coverages, and recently guided a quasi-governmental entity through the purchase of a fidelity policy carefully tailored to address its unique needs.
Cyber (First- and Third-Party Coverages)
We are at the forefront of the rapidly growing cyber insurance market and are advising multiple businesses on the intricacies and availability of this coverage.
Directors, Officers, and Entity Liability
Our attorneys provide coverage advice for all types of liability claims asserted against directors and officers and publicly traded and private companies. We represent D&O clients in coverage litigation in state and federal courts and in arbitrations nationwide. For example, members of the practice obtained defense costs for Education Networks of America, Inc. from its D&O insurer for an obstruction of justice case. We have obtained insurance coverage for regulatory proceedings and investigations against several business clients facing government scrutiny, including insurance coverage for a regulatory claim against Oreck Corporation.
Employment Practices Liability
We represent businesses in coverage disputes seeking coverage for employment-related claims, such as harassment, discrimination, and wrongful termination. Team attorneys assisted a client in favorably resolving a complex notice dispute arising out of an underlying workplace discrimination claim. With its established Labor and Employment Practice Group, the firm is well positioned to understand these unique, and often sensitive, claims.
Errors and Omissions and Professional Liability
We routinely advise clients on all aspects of E&O and professional liability coverage, and have represented numerous clients in disputes involving these policies. In the healthcare field alone, a team member has served as special insurance coverage counsel for a number of healthcare companies in bankruptcy and also has represented healthcare companies in reinsurance disputes.
We advise clients on coverage for fiduciary liabilities. Our clients include employers and retirement plans. Our services range from placement to advising on coverage for litigated matters. We have assisted private entities and quasi-governmental entities with fiduciary liability coverage.
We have advised clients on the intricacies of obtaining federal and supplemental flood insurance to protect property vulnerable to flood losses.
We have obtained coverage for clients sustaining losses under these policies, including losses arising out of the historic flooding in Tennessee in 2010. We recovered all losses for a Nashville equipment rental company affected by the flooding.
Owner- or Contractor-Controlled Insurance Programs (OCIPs)
We regularly advise businesses on terms and conditions of these programs, including providing advice to a major manufacturer of building material in connection with a project insured under an OCIP.
Pollution and Environmental
We routinely represent businesses in complex environmental and toxic tort coverage litigation. We are adept in negotiating and drafting complex structured settlements and coverage-in-place agreements. For instance, attorneys in the firm represented a large gas and oil production company in a well-known case in seeking coverage for remediation expenses related to the Copper Hill mining site in southeast Tennessee.
We represent clients in coverage disputes arising out of product defect claims, including claims involving drugs that arise in class actions and mass tort suits. A team attorney has represented Upjohn and its successors, Pharmacia and Pfizer, for decades in coverage matters for thousands of claims related to alleged injuries from the use of various drugs.
We represent clients in high-profile and landmark litigation, and litigate claims for property loss and lost profits in trial and appellate courts, as well as in appraisal proceedings nationwide. The firm currently represents an auto manufacturer in a contingent business interruption case arising out of flooding in Thailand. We similarly assist with the adjustment of numerous first-party coverage claims. Team attorneys obtained a substantial recovery for business interruption losses on behalf of a major corporation forced to discontinue operations in portions of a deep shaft coal mine.
We represent clients, including financial institutions, in numerous matters arising under title insurance policies.
We advise on various issues relating to workers’ compensation policies, including an ongoing matter involving an improper policy cancellation.