Insurance Recovery and Counseling

Counseled manufacturer of biometric timekeeping technology regarding coverage under technology and privacy injury liability policy for liabilities alleged in class action filed under Illinois Biometric Information Privacy Act (BIPA).

Represented and advised construction company regarding coverage under professional liability policy for claims in respect of external cladding to high rise buildings. 

Advising FTSE 100 fashion retailer in relation to disputed claims under Credit Risk Insurance Policy.

Acted as lead policyholder counsel in an employment coverage action filed in New Jersey by a large New York financial institution against 30 of its historical liability insurers. The action produced, among other significant legal rulings, the first decision in an insurance coverage case in which the court applied section 187 of the Restatement (Second) of Conflicts of Laws and held that the law governing an insurer’s policies was to be determined according to that insurer’s prior course of dealings with the insured.

Represented aerospace manufacturer in connection with extensive property damage, business interruption and extra expense losses arising out of tornado damage at manufacturing facility.

Represented policyholder (industrial equipment manufacturer) in complex asbestos insurance coverage action involving over $1 billion of underlying liabilities and over forty excess insureds.  The matter resulted in a nine figure recovery and placed under agreement over $1 billion of policy limits.

Represented international clinical laboratory services company in coverage litigation of property damage, business interruption and contingent business interruption losses, caused by Hurricane Katrina at multiple laboratory facilities and customer locations of the client.

Acted as counsel for shoe manufacturer in advertising injury insurance coverage action involving the use of a deceased athlete’s name to advertise and market running shoes and apparel. The Massachusetts Supreme Judicial Court decided unanimously in favor of our client in this case of first impression.

Represented sports entertainment industry policyholder in obtaining coverage for traumatic brain injury (CTE) claims.

Provided legal advice and analysis regarding coverage under directors and officers' liability and professional liability/errors and omissions policies in respect of regulatory and criminal investigations relating to the alleged manipulation of LIBOR and other benchmark rates.

Advising Eastern European petrochemical company in relation to USD multi-million claim under Property Damage/Business Interruption policy arising from explosion and fire at oil refinery including in relation to dispute resolution and ultimate settlement terms.

Represented geoengineering company in connection with builder’s risk insurance coverage issues arising out of Dubai construction project.

Represented real estate investment company in obtaining insurance recovery for securities and derivative lawsuits under directors and officers liability policies.

Acted as coverage counsel for international liquid propane gas distributor for review of various coverage lines such as general liability, property, directors and officers liability, fiduciary liability, employment practices liability, cyber insurance, and commercial crime insurance.

Represented power generation company in insurance litigation and appeals securing coverage for client’s $80+ million settlement of lawsuits arising out of alleged radiation exposure.

NW Natural d/b/a Northwest Natural Gas Co. v. Associated Electric & Gas Insurance Services Ltd., et al (Or. Cir. Ct. Multnomah County).  Successfully represented policyholder in coverage litigation with respect to alleged environmental liabilities relating to former manufactured gas plant operations.  Proved the existence of dozens of disputed insurance policies at two-week trial.  In addition, won motions for summary judgment relating to, among other things, the insurers’ “expected or intended” defense, various pollution exclusions, and a petroleum operations exclusion.

Represented international pharmaceutical company subsidiary in litigation in Pennsylvania state court against insurer regarding corporate-owned life insurance policies.

Represented a major energy services company in a London-based arbitration against an insurer that refused to indemnify the company for its portion of a $1 billion settlement entered into to resolve lawsuits arising out of an explosion and fire that occurred onboard the Deepwater Horizon drilling rig in 2010.