Keller and Heckman LLP's insurance coverage team provides advice, counseling, and representation to corporations and trade associations on their comprehensive general liability, directors and officers, errors and omissions, excess/umbrella and specialized recall/product contamination insurance policies. And, if a lawsuit has been filed, our team of attorneys will seek to maximize the recovery of defense and coverage dollars through negotiation or, if necessary, litigation against the liability insurer.
Our Insurance Coverage team offers a full range of insurance coverage services, including:
Counseling on the purchase/renewal of liability insurance. Provide counsel to our clients on the types of insurance they should have, what the policy limits should be, and advise on particular endorsements they may need given their current situation.
Counseling on the status of existing liability policies. Many clients want to know if their existing policies are adequate to cover the acquisition of a new company or new product, whether the policy limits are enough, or whether the policy covers a particular type of exposure, such as antitrust or employment practices. Others want to know whether their insurance affords them protection if they agree to indemnify a company in a business deal.
Counseling on insurer's defense/coverage responsibilities. Often the team will advise our client policyholders on whether their insurer owes them a defense and/or coverage under their insurance policy. Our team will review the insurance policy and interface with the client, or often the broker, to make such a determination.
Representing policyholders in defense/coverage litigation. When dealing behind the scenes does not get it done, the Insurance Coverage team will represent our client policyholder in direct negotiations or litigation against the insurance carrier to secure a defense and coverage on the underlying claim. We will also seek reimbursement of our client's attorneys' fees incurred in prosecuting the insurance coverage action, if warranted.
Experience
Our Insurance Coverage attorneys have extensive experience in recovering insurance dollars on behalf of clients confronted with environmental, product, toxic tort and recall liabilities. We also specialize in identifying and pursuing multiple insurance carriers in cases involving "long-tail" bodily injury or property damage claims.
Recently, our Insurance Coverage team has been involved with:
- Review and negotiation of numerous specialized recall/product contamination insurance policies for worldwide food companies.
- Litigation against an insurer resulting in seven-figure judgment for clean-up costs on an underground storage tank leak claim and a six-figure award as reimbursement for the insured's attorneys' fees and related costs expended in prosecuting the underlying declaratory judgment action;
- Representation of corporate policyholders in negotiation over defense costs and coverage for hazardous waste and toxic tort claims;
- Numerous insurance review/audits for trade association and corporate clients;
- Representation of trade association policyholders in negotiation over defense and coverage for breach of contract, negligence, and other general tort claims;
- Advising client on insurer's "duty to defend" in connection with the successful settlement of eight-figure wrongful death/fire loss claim; and
- Negotiation of multiple insurer defense and indemnity cost-sharing arrangements.
