Experienced Coverage Counsel. Skilled Defense Counsel. Value-driven Rates. The attorneys in Bradley’s policyholder insurance coverage practice team bring unique value to policyholder clients in all three areas. The firm boasts a deep bench of attorneys who represent clients nationwide on matters involving every type of property and casualty insurance, helping them access the coverage they need to protect themselves from costly losses and liabilities. We leverage our extensive experience to help clients procure and manage policies, analyze and file claims, and resolve any disputes that arise.
Drawing on decades of experience, our policyholder team provides business and individual policyholders with sophisticated representation in insurance matters. Our experience spans all aspects of property and casualty insurance, from initial placement of coverage to renewal evaluations, claims submission and management, and dispute resolution.

Our attorneys have handled matters involving virtually every type of property and casualty insurance policy available in the market today, including agricultural and crop insurance, auto (particularly uninsured and underinsured motorists coverage), commercial general liability (bodily injury, property damage, and advertising and personal injury), crime and fidelity bonds, cyber (first- and third-party coverages), directors and officers and entity liability (for both public and private companies), employment practices liability, errors and omissions and professional liability, flood, inland marine, owner- or contractor-controlled insurance programs, pollution and environmental, products liability, property (including contingent business interruption), title insurance, and worker’s compensation.

We have recovered hundreds of millions of dollars in insurance for all types of losses and liabilities, including advertising and personal injury, asbestos, business equipment, business interruption and property loss, construction defects, employee crime, employment practices, environmental, errors and omissions and professional liability, flooding, intellectual property, managed care and other healthcare related liabilities, pharmaceuticals, title impairments, and welding fumes.

Our attorneys focus on efficiently maximizing the value of each client’s insurance portfolio. We continuously strive toward resolutions that meet our clients’ business objectives.
Bradley’s representation of clients in most major industries in products, torts, environmental, pharmaceutical, and other civil as well as criminal matters provides an important advantage in coverage matters. Because firm attorneys defend clients against many of the liabilities that lead to coverage disputes, we thoroughly understand the context framing the insurance issues.

This substantive knowledge and industry familiarity produces efficiencies in representation unmatched by law firms that do not defend clients in the underlying litigation. When addressing the issues in a coverage case involving environmental liability, for example, the firm’s policyholder team benefits from the experience of firm attorneys who have devoted their careers to the intricacies of environmental law. Firm attorneys routinely represent clients in underlying environmental-related disputes, including those involving benzene, EIFS, PCBs, toxic mold, and underground storage tanks.

Bradley attorneys represent clients in virtually every other area for which clients seek coverage, including asbestos, construction, D&O and E&O, healthcare, products liability, pharmaceuticals, and welding fumes. This critical substantive experience informs every effort of the policyholder team.

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:

  • Reconnect the cost of legal services to the value provided
  • Assure better and more efficient relationships
  • Improve client service
  • Focus on steps that increase value for clients

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.

Claims Submission

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.

Insurance Archaeology

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.

Dispute Resolution

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:

  • Asbestos
    Our attorneys have represented major manufacturers and transportation companies in disputes seeking insurance coverage for asbestos and other long-tail liabilities. A team attorney represented an auto manufacturer in its dispute with its insurance companies over coverage for an auto manufacturer’s historical asbestos and environmental liabilities and successfully settled the dispute for a significant sum. Another team attorney represented Armstrong World Industries in a multibillion-dollar case seeking insurance coverage for personal injury and property damage claims asserted by asbestos manufacturers against most major domestic and foreign carriers. Armstrong ultimately recovered more than $740 million in coverage for its asbestos-related liabilities. Our attorneys also represented Oreck Corporation in connection with its claims for indemnity and defense costs arising from multiple litigations with competitor Dyson in the Eastern District of Louisiana.
  • Construction Defects
    Construction defect disputes generate complex issues due to the number of parties and types of insurance coverage involved. Team attorneys draw upon our combined experience and skills in both construction and insurance coverage to address the many unique aspects of construction defect claims. We routinely advise general contractors, including many national and regional home builders, on all aspects of construction coverage.
  • Intellectual Property
    The firm regularly represents clients facing coverage issues involving intellectual property. Attorneys in the group represented a hospitality company in coverage litigation over defense costs for a $14 million trademark infringement action. The firm also handled the underlying trademark infringement action and obtained a jury verdict for the client.
  • Welding Fumes
    A team attorney represented both a trade manufacturing association and an individual corporate policyholder in a dispute seeking coverage for welding liabilities and obtained a precedent-setting ruling upholding coverage for welding liability claims. That attorney advises other clients on managing their coverage claims for welding-related liabilities.

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.

Fiduciary Liability

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.

Flood

We have advised clients on the intricacies of obtaining federal and supplemental flood insurance to protect property vulnerable to flood losses.

Inland Marine

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.

Products Liability

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.

Property

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.

Title Insurance

We represent clients, including financial institutions, in numerous matters arising under title insurance policies.

Workers’ Compensation

We advise on various issues relating to workers’ compensation policies, including an ongoing matter involving an improper policy cancellation.