Practice Areas & Industries: Jones Day


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Our Insurance Recovery Practice is dedicated to representing corporate policyholders worldwide and to maximizing the value of their insurance assets.

Our view that insurance is an important corporate asset, the value of which must be protected and maximized, is reflected both in our insurance recovery successes and our insurance counseling. We have recovered billions of dollars on behalf of our policyholder clients and routinely advise them on policy placements, captives, and the insurance aspects of acquisitions, divestitures, reorganizations, and restructurings to ensure that insurance rights are preserved and strengthened.

Our insurance recovery attorneys have experience with all forms of insurance coverage and the important issues that arise from them. We have handled hundreds of matters in jurisdictions throughout the United States, in London and Bermuda, and elsewhere throughout the world, from our more than 30 integrated global locations, and have won key policyholder precedent in numerous reported court decisions.

Articles Authored by Lawyers at this office:

Indalex v. National Union: Carving Away at Gambone
Peter D. Laun, December 17, 2013
In several decisions over the last few years, courts in Pennsylvania have—inappropriately, in this author’s view—taken a narrow view of coverage available under commercial general liability (“CGL”) policies for liabilities resulting from construction and product defect...

No One Can Serve Two Masters: The Washington Supreme Court Confirms That Insurer-Appointed Defense Counsel Owes Ethical Duties Solely to the Policyholder.
Peter D. Laun, October 17, 2013
When claims are made against parties that have liability insurance coverage, insurance companies frequently have a duty to defend under their policies. The insurer selects the lawyers to defend the claim, pays their bills, and (at times) provides, or attempts to provide, input into the defense. ...

A Precedent-Setting Russian Case May Force Reinsurers to Pay Beyond the (Original) Reinsurance Term
Ian F. Lupson,Sergei Volfson, August 09, 2013
In a precedent-setting case, Russian courts (including the Russian Federation Supreme Arbitrazh Court) ordered Infrassure, a Swiss reinsurer, to pay US$34.4 million to its reinsured, a Russian subsidiary of Allianz (formerly ROSNO).

Figuring Out the Insurance Exhaustion Rule in New York is Exhausting
Peter D. Laun, July 02, 2013
Although no New York state court has specifically addressed the issue, it has been the prevailing view among most insurance practitioners for decades that courts in New York would allow a policyholder to trigger excess coverage if it incurred losses sufficient to exhaust the limits of underlying...

Personal Responsibility of Directors and Senior Managers of Banks—Recommendations of the UK Parliamentary Commission on Banking Standards
John Ahern,Christopher Braithwaite,Lucas J. Moore,Harriet Territt, June 25, 2013
The UK Parliamentary Commission on Banking Standards has this week delivered its Final Report. Whilst most of the press commentary has focused on proposals to jail bankers for very serious misconduct occurring in the future, its recommendations include some which are intended to impose greater and...

Beware The Lurking Program Agreement Arbitration Clause
Martin H. Myers, June 18, 2013
Corporate policyholders frequently will sign so-called “program agreements” with their insurers - separate from the insurance policies themselves. Program agreements can govern aspects of billing/responsibility for defense fees within a deductible or self-insured retention (so-called...

Class Action Drivers in Australia: D&O Insurance and Access to Deep Pockets
John Emmerig,Michael Legg, June 18, 2013
The discontinuance of proceedings against a number of former directors in Mercedes Holdings Pty Ltd v Waters (No 6) [2012] FCA 1412 illustrates the importance of D&O insurance and the respondent's ability to pay in the decision-making of claimants and litigation funders. The discontinuance also...

US Airways v. McCutchen: When Silence Is Not Golden
, May 15, 2013
Sponsors and administrators of self-insured health and welfare plans, as well as insurance companies that offer insured health and welfare products, take out your scrivener devices! In US Airways v. McCutchen, the U.S. Supreme Court again addressed the right of a welfare plan to reimbursement of...

Accessing Excess Policies in Continuous Trigger Cases
Philip E. Cook, May 02, 2013
Like many companies who made products containing asbestos, Kaiser Cement and Gypsum Corporation has over the past several decades defended thousands of asbestos bodily injury claims brought by construction workers who allege they were exposed and suffered bodily injury resulting from exposure to...