Insurance Counseling & Litigation

Risk management in today’s complex business world can be a daunting task. Our team counsels clients on a variety of risk transfer strategies, including insurance. We often work with risk managers and brokers to develop comprehensive and cost-effective solutions tailored to meet the client’s specific needs and objectives. Insurance coverage is often an essential component of risk management, but insurance contracts are complicated—filled with specialized terminology, conditions, exclusions, and exceptions to exclusions. To further complicate matters, there is a vast and ever-changing body of law interpreting and applying policy provisions to specific claims. Our team assists clients in sorting through the thicket to make sure the end product meets the client’s needs. Some of our services include:

  • Evaluating available insurance products with respect to a particular risk
  • Analyzing “long-tail” claims (reconstruction of historical coverage, claims history, and impairment/exhaustion of coverage)
  • Coverage opinions on the applicable trigger of coverage, allocation of losses between policies, and between covered and non-covered claims
  • Coordinating contractual indemnification provisions with appropriate insurance coverage
  • Managing and transferring insurance assets in corporate mergers and acquisitions

In addition to the standard insurance products (e.g., commercial general liability), our team counsels clients on a broad array of specialized insurance coverages relating to:

  • Advertising
  • Crime/employee dishonesty
  • Cyber and social media risk
  • Employment practices/discrimination
  • Excess-SIPC coverage
  • Fiduciary liability
  • Financial institution bonds
  • Intellectual property/patents
  • Officers & directors
  • Pollution liability
  • Products liability
  • Professional liability/errors & omissions
  • Property, business interruption, and extra expense

In the event of a disputed claim, our team assists clients in maximizing available coverage, including alternative dispute resolution and litigation of coverage disputes. For example, we assist clients with respect to:

  • Tendering of insurance claims
  • Responding to denial of claims or reservation of rights letters
  • Negotiating with insurers to provide an appropriate defense to third-party claims
  • Developing proofs of loss to maximize available coverage
  • Pursuing extra-contractual/bad faith claims
back to top