Corporations rely on us for risk management assessment and, in particular, determinations regarding whether their policies adequately protect them. We advise businesses and insurance companies on every aspect of coverage.
We offer coverage opinions and disclaimers of coverage, as well litigation and settlement strategies when businesses have disputes with their insurers. Insurance companies call on us for interpretation of policies and their application to disputes, and we represent them in all aspects of litigation. We staff our cases in the most efficient manner possible and we understand the financial impact of litigation on clients and their desire to resolve disputes as early as possible on the best financial terms.
The American Bar Association (ABA) has recognized our experience in insurance matters. One of our lawyers participated in the ABA subcommittee that revised the Comprehensive General Liability Policy (CGL), with special emphasis on rewriting the “sudden and accidental” pollution exclusion and related changes to the absolute pollution exclusion, which is now standard in most CGL insurance policies. One of our lawyers was a Vice Chair of the Torts and Insurance Practice Section (TIPS) and is a frequent author and speaker at continuing legal education seminars on the subject of insurance coverage.
While our insurance coverage practice extends to virtually every type of property, casualty and commercial coverage matter, we have developed a particular depth of experience in the following areas of personal and commercial lines:
- Additional insured coverage, and rights of indemnification and contribution,
- First-and third-party property claims, and construction defect/faulty workmanship claims,
- Directors and officers liability,
- Employers liability,
- Intellectual property,
- Advertising injury coverage,
- Professional liability coverage,
- Excess and re-insurance coverage,
- Environmental liability and toxic tort coverage including asbestos,
- Errors and omissions, and
- Disputes among insurers.
Lead counsel to general contractor involving multi-million dollar allegations of lost inventory and personal injury claims stemming from industrial accident in North Carolina arising during course of construction.
Lead counsel to governmental entity in connection with general liability insurance coverage of employment discrimination claims brought by current and former employees. General liability carrier denied coverage for a significant portion of the claim. Claim was satisfactorily settled prior to hearing on cross motions for summary judgment.
Lead counsel to manufacturer in connection with two carriers (primary and excess) in connection with coverage for asbestos claims. In October 2018, the Georgia Court of Appeals issued a sweeping ruling that requires two insurance companies to fulfill their obligations to make available $117 million in coverage to a fabric manufacturer defending ongoing personal injury litigation resulting from exposure to asbestos that its products contained years ago, which ...
- Lead counsel on behalf of policyholders, a general contractor and an engineering firm, in connection with claims of defective construction
The claims arose at a $70 million distribution warehouse in North Carolina. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. Assisted general contractor in settling claim and recovering in majority of settlement amount from clients’ insurance carriers and from third-party insurers.
Represented insured general contractor in connection with coverage for design allegations made in connection with claims of faulty construction at a distribution warehouse in North Carolina. Insurer denied coverage. Recovered a significant sum from the denying insurer.
Represented insured general contractor in connection with alleged construction defects arising at a $20 million distribution warehouse in Oregon. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. Assisted general contractor in settling claim and recovering a significant portion of the claim from general liability and E&O carriers.
Lead counsel on behalf of policyholders in connection with claims against carriers for coverage under disability policies.
Lead counsel to widow involving $1 million accidental death policy. Matter settled satisfactorily following motion for summary judgment hearing and mediation.
Lead coverage counsel on behalf of governmental entity in connection with coverage of multi-million dollar discrimination claims alleged by current and former employees.
Represented policyholder under E&O policy in connection with alleged failure of insurance professional to properly report and handle claim on behalf of insured claimant. The claims at issue exceeded $2 million.
Represented policyholder under life insurance policy in face amount of $1 million. Following denial of insurer’s motion for summary judgment, obtained favorable settlement at mediation.
- Policyholder insurance coverage for asbestos claims involving primary and excess policies of more than $100 million
Lead counsel on behalf of policyholder in connection with insurance coverage for asbestos claims. Claims involved primary and excess policies in excess of $100 million. Obtained favorable ruling on summary judgment.
- Lead counsel on behalf of general contractor in connection with multi-million insurance coverage dispute
The insurance and indemnity claims at issue arose from the construction of a distribution warehouse in Pennsylvania. Dispute involved pursuit of subcontractors and their insurers for defense and indemnity. The claims at issue exceeded $14 million. Retained by carrier for general contractor to pursue contribution claims against subcontractors and their insurers. The case involved litigation in three states and was settled on favorable terms with no ...
The claims arose from civil suit against officers and directors involving allegations of fraud, negligence and breach of contract claims. The matter also involved criminal allegations.
- Lead counsel on behalf of policyholder in connection with multi-million defective construction claims
The insurance claims at issue involved a construction dispute at a warehouse distribution facility in Texas involving general liability carrier for general contractor and general liability carrier for numerous subcontractors. The claims at issue exceeded $4 million. The case involved multiple motions for summary judgment and one appeal [by an insurer to a motion granted to the policyholder]. Represented general contractor in settling claim following ...
- Lead counsel on behalf of general contractor in connection with claims of defective construction in excess of $5 million.
Represented general contractor in connection with alleged defective construction at a manufacturing plant in Alabama. Dispute involved claims in excess of $5 million that resulted in litigation with subcontractors and their general liability insurers as well as dispute with general contractor’s general liability insurer. The case was settled on favorable terms with general contractor making no contribution toward settlement.
- Lead counsel on behalf of policyholder in connection with coverage litigation related to a consumer class action
Represented manufacturer facing numerous claims involving product distributed to national retailers. Dispute involved litigation with general liability carrier for manufacturer. The claims at issue exceed $10,000,000.
- April 18, 2019
- February 9, 2017
- January 11, 2017
- January 11, 2017
- January 11, 2017
- January 11, 2017
- January 11, 2017
- April 1, 2014
- April 26, 2016
- "Insurance for the Project: When it Helps and When it's Worthless," Construction Law for the General Practitioner, Institute of Continuing Legal Education in Georgia SeminarAtlanta, Ga., April 14, 2016
- "In-House Counsel's Role in Managing Enterprise Risk With Business Insurance," Strafford CLE WebinarFebruary 24, 2016