Practice/Industry Group Overview
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...
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...
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)  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...
Supreme Court to Address Class Arbitration Again in Oxford Health Plans
Yael D. Aufgang,Jeremy P. Cole,Jeffrey A. Mandell, March 27, 2013
Three years ago, in the first of a series of decisions addressing class arbitration, the United States Supreme Court held in Stolt-Nielsen, S.A. v. AnimalFeeds International Corp. that "a party may not be compelled under the Federal Arbitration Act to submit to class arbitration unless there...