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Insurance Recovery

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Our lawyers have extensive experience litigating and arbitrating on behalf of policyholders in complex, high-stakes insurance related disputes.  Our practice group combines the talents of exceptional commercial litigators with the expertise of experienced coverage counsel.
We have represented large corporate policyholders, as well as smaller insureds in actions against their insurers in all types of insurance coverage claims and matters, including antitrust, asbestos, broker liability, business interruption, commercial and general liability (CGL), crime and fidelity, directors and officers (D&O) liability, employment practices liability, entertainment, environmental, errors and omissions, healthcare, intellectual property, and product liability.  Our lawyers have consistently achieved recoveries far exceeding fees paid.  In many cases, we have obtained favorable resolutions for our clients before the commencement of litigation.

Recent Representations

  • We represented International Lease Finance Corporation in a bad faith insurance coverage action against Certain Underwriters at Lloyd’s, London for denial of coverage of the total loss of a Boeing 757 aircraft confiscated and seized by Russian Federation Customs. The case resulted in a favorable settlement for ILFC.
  • We secured insurance coverage for the former CEO of an energy services company under a directors and officers liability insurance policy for the defense of a criminal action brought by the U.S. Department of Justice for misconduct.
  • We obtained a favorable settlement for Jacobs France, a subsidiary of Jacobs Engineering, in an insurance coverage dispute regarding coverage for claims brought by a governmental entity of France, alleging negligent design and construction of a state-of-the-art waste incineration plant in Eastern France.

  • We secured reimbursement of defense costs for Art.com under a directors and officers liability insurance policy for the defense of multiple actions brought by former employees arising out of their termination for engaging in illegal price-fixing activity.
  • We obtained a nine-figure settlement for a regional bank in a novel lawsuit involving allegations that its insurer and broker had breached their contract and fiduciary duties in failing to automatically reallocate the bank’s $612 million investment in bank-owned life insurance policies to a more conservative fund when certain performance triggers were hit.

  • We represented Occidental Petroleum, and won a jury verdict establishing liability in an insurance coverage case regarding business interruption losses sustained from over two hundred terrorist bombings of an oil pipeline in Colombia. The case settled for nine figures before the damages phase of the trial.

  • We represented MHR Advisors, LLC, other MHR entities and Dr. Mark Rachesky in connection with obtaining coverage for the multiple suits and actions initiated by Carl Icahn and entities controlled by Icahn regarding various transactions that led to Dr. Rachesky and MHR obtaining a large amount of Lions Gate shares.

  • We secured for Dassault Systèmes SolidWorks Corp. (“SolidWorks”) after the insurer withdrew its defense and denied coverage for an action asserting claims against SolidWorks for unfair competition, false designation of origin, false advertising, trademark infringement, trade dress infringement, and unfair business practices, among other claims.

  • We were retained by Family Dollar Stores in a dispute regarding insurance coverage under a directors and officers insurance policy for several stock options backdating derivative actions. The case was quickly settled on favorable terms soon after our appearance in the case.

  • We represented The Kor Group, a privately held real estate investment and management company, and negotiated a favorable settlement for coverage of multiple disputes arising out of a construction defect action in which plaintiff sought in excess of $50 million in damages in connection with the sale of a high rise apartment building and its subsequent conversion to condominiums.

  • We represented Jacobs Engineering in a coverage dispute involving utility service interruptions caused by Hurricanes Ike and Gustav that resulted in millions of dollars of business interruption losses.

  • We secured payment of policy limits on behalf of certain directors and officers of Maxim Integrated Systems under several directors and officers insurance policies in connection with a stock options backdating derivative action. The insurer's ultimate participation resulted in a favorable settlement for the directors and officers and Maxim.

  • We represented a large national retailer in numerous insurance coverage disputes with its property and casualty insurers for coverage of excessive property damage losses arising from Hurricane Georges. As a result of strategic discovery and motion practice, the coverage disputes were all favorably resolved.

  • We represented Marsh & McLennan for over 15 years in a wide variety of policy matters, ranging from coverage disputes to class actions. Recently, we successfully defended Marsh in a series of California class actions arising out of Elliot Spitzer's high-profile investigation against Marsh.

  • We obtained a favorable settlement for Coca-Cola Enterprises Inc. in a coverage dispute regarding coverage for a wage and hour class action in which the insurer had denied coverage under its employment practices liability insurance policy.

  • We represented The Walt Disney Company in a coverage dispute regarding idea submission claims in excess of $200 million. We obtained a reversal of summary judgment in the Ninth Circuit, as well as a determination that summary judgment should have been granted in favor of Disney. The appellate result led to a favorable settlement for Disney. 

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