Complex Risk Transfer Programs
We regularly advise Fortune 10 and other companies on complex insurance programs involving manuscript and specialty policies, including programs with coverage towers of $500 million to $1 billion, and programs incorporating various risk transfer and financing mechanisms, such as fronting programs, paid deductible programs, and collateral agreements.
Technology and Insurance
We guide clients through the myriad of changes facing the insurance industry because of advancing technology: autonomous vehicles, artificial intelligence, big data, blockchain, drones, and the internet of things. We inform clients about new technologies and the development of “insuretech” and advise clients on planning for potential shifts in risk management and insurance.
Insurance Policy Terms and Conditions Advice
We regularly help clients in numerous business sectors obtain new coverages or renew existing programs, audit existing policies, and recommend improvements to policy terms and conditions. We negotiate initial or renewal terms tailored to the needs of insureds under all types of insurance policies.
Claims and Circumstances Analysis and Submissions
We analyze potential claims, advise clients on strategies to preserve existing coverage, assist with claims notifications and draft notice letters, and monitor and respond to insurance company information requests. Our team examines the relevant facts, policy language, and applicable insurance law to provide recommendations on recovery strategies, with a focus on identifying business solutions. If notified of an insurer’s claim denial or reservation of rights, we analyze the all of issues and advise the client on the prospects of obtaining coverage.
Litigation and Dispute Resolution
We represent clients in every type of forum designed to resolve insurance disputes. Our team has litigated, arbitrated and mediated in many jurisdictions on behalf of clients in numerous business sectors, including automotive, banking, construction, hospitality, insurance, medical, investment, manufacturing, pharmaceutical, professional services, property management, real estate, and retail.
Transactional Due Diligence
We assist companies participating in transactions by reviewing the parties’ existing insurance programs, analyzing available coverage, and advising on methods to structure transactions to best achieve the parties’ intended disposition of insurance rights and proceeds.
Insurance Archaeology
We locate missing policies and reconstruct decades-old insurance programs. 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.
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.
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 advise 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.
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.
Wrap-Up Insurance Programs (OCIPs and CCIPs)
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.
Workers’ Compensation
We advise on various issues relating to workers’ compensation policies, including an ongoing matter involving an improper policy cancellation.
Regularly represent and advise multiple Fortune 10 and other companies on a myriad of insurance coverage matters, including policy placement and renewal, contractual-risk transfer provisions, claims management and submission, policy interpretation, and coverage litigation for all types of property and casualty insurance policies.
Representing a Fortune 10 company in contingent business interruption litigation pending in Thailand arising out of 2011 Thailand flooding. Previously advised the same company during successful resolution of a contingent business interruption claim arising out of a catastrophic Japanese earthquake.
Represented a Fortune 10 company in a complex coverage dispute arising from a catastrophic bodily injury claim. Negotiated favorable resolution of underlying claim on policyholder’s behalf with substantial contributions from insurer and broker.
Representing a major pharmaceutical company in ongoing insurance recovery for DES claims to ensure that insurers fully fund defense and indemnity under remaining limits.
Represented Oreck Corporation in a dispute over insurance coverage for regulatory and civil false-advertising claims. Court rejected insurers’ product-liability exclusion defense from the bench during summary judgment hearing. Settled dispute after mediation for an amount very favorable to the company with payment made just two days later.
Represented Equipment Finders Inc. in an insurance coverage claim under an inland marine policy for damages incurred during 2010 Tennessee flooding. Settled dispute at mediation for an amount that recognized all of the company’s losses.
Obtained insurance coverage in underlying wrongful death action for international company providing ambulance service throughout the United States.
Represented America Service Group Inc. in dispute addressing the applicability of a prior-acts exclusion in an excess D&O policy. Successfully resolved case at mediation.
Represented General Motors in claim for insurance coverage for historic asbestos and environmental liabilities in litigation in the U.S. and abroad, and in regulatory proceedings before the Delaware Insurance Commissioner. Successfully settled the disputes for a confidential amount.
Represented amicus Gases and Welding Distributors Association (the umbrella membership association for welding rod distributors and manufacturers) and the policyholder, Clendenin Brothers, Inc. Retained after policyholder lost the case at summary judgment. Persuaded district court to certify question to the state court, and persuaded Maryland’s highest court to reverse the lower court ruling and hold that a total pollution exclusion in a commercial general liability policy does not relieve the insurer of its duties to defend and insure distributor against welding liability claims. Recovered all damages and attorneys’ fees. This case remains a landmark decision in Maryland (Clendenin Brothers, Inc. v. United States Fire Insurance Co., 390 Md. 449 (Md. 2005)).
Represented multiple healthcare providers in reinsurance disputes over coverage for health claims in two different proceedings.
Represented hundreds of independent payphone providers in dispute over end-user common-line charges. Crafted and implemented a strategy that led to the recovery of millions of dollars for the clients. Successfully argued case before the D.C. Court of Appeals, which affirmed a FCC ruling requiring defendants to refund end-user common-line charges to independent payphone providers.
Represented Life Care Centers of America, Inc. in two separate coverage matters and successfully litigated and obtained excess insurance coverage for the policyholder, a national nursing home provider.
Served as special coverage counsel in bankruptcy proceedings and represented debtors in all insurance matters.
Obtained insurance coverage for company and its directors and officers for defense costs incurred during governmental investigation and associated litigation.
Represented union in dispute with insurer over fidelity bond coverage. Settled case for union.
Obtained insurance coverage for policyholder, Allegheny General Hospital, and directors and officers in insurance coverage dispute with insurers arising in connection with the bankruptcy of client's parent, Allegheny Health, Education and Research Foundation.