Insurance Advice and Counseling
Our lawyers have deep experience counseling insureds. We audit insurance policies (existing, renewal, or new), suggesting coverage enhancements, changes to provide more clarity on the coverage, and changes to restrict limitations on coverage. We also help clients navigate the nuances and complexities of dealing with insurers once a loss occurs or a claim is made, helping clients to avoid time traps and other technical conditions in policies that could negatively impact recoveries. Additionally, we work closely with clients and their “deal” counsel in mergers and acquisitions, helping ensure that indemnification, risk transfer, and insurance rights are appropriately preserved.
We also strive to bring a practical vision to insurance needs and insurance relationships. We believe it important for insureds to avoid “burning bridges” whenever possible, while not compromising the benefits of the insurance they purchased.
We believe that our experience across various industries, with domestic and foreign risks, and with the many types of insurance allows us to temper our legal advice with a deep knowledge of the insurance marketplace, insurance trends, policy language, and the historical development of insurance. Putting it simply, we know where insurance policies and their language come from, and how they have evolved over the last century. We have made it a point to know the history of insurance and how insurance markets have responded to major losses over the last 150 years and to the development of new common law and statutory theories of liability. We bring this knowledge to the advice we share.
We also offer insights into coverage based upon our collective decades of experience in drafting policy language, seeing how insurers interpret form and manuscript language, and addressing insurance needs in light of how courts and arbitrators have interpreted insurance policies. Having influenced the development of insurance law through the results we have achieved, our hundreds of articles and other writings, and court decisions citing to our writings, we believe we bring a unique perspective to counseling our clients. We provide the appropriate legal analysis and framework, but we bring a real world practical perspective to our advice. For us, advice is more than just identifying particular insurance issues—it is doing so with our client’s short- and long-term interests in mind, working with our clients to best advance their goals and strategies.
We strive to bring a practical vision to insurance needs and insurance relationships.
Insurance Recovery Litigation and Arbitration
Our lawyers have substantial experience representing insureds in a wide range of disputes—against domestic and foreign insurers, against insurance agents and brokers, in lawsuits and appeals, and in arbitrations. Indeed, our lawyers have conducted more than 50 jury trials and arbitrations, and handled more than 50 appellate matters. They have done so in California, Connecticut, Delaware, Hawaii, Massachusetts, Missouri, New Jersey, New York, Pennsylvania, and Texas, and in arbitration proceedings inside and outside the United States. Our lawyers have helped clients recover more than $6 billion, and have been widely ranked as among the nation’s best.
Putting it simply, we don’t just talk about legal theories—we advance them as needed on behalf of our clients, with the full capability of handling, as needed, major complex litigation against some of the nation’s largest and best law firms.
Our lawyers have deep experience in a wide range of insurance areas, including:
Commercial General Liability
Construction Liability and Losses
Cyber Losses and Liabilities
Directors and Officers
Errors and Omissions / Professional Liability
Employment Practices Liability
Fidelity and Crime
Food and Product Losses and Liabilities
Insurance Broker Liability
Mergers, Acquisitions, and Private Equity Investments
Property and Business Interruption
Warranty and Representation
While our lawyers have deep experience in almost every industry and with almost every type of risk, we are particularly recognized for the depth of our experience with, and results achieved for, energy companies and utilities, manufacturers and retailers, and throughout the sports and entertainment industry (representing talent, Broadway production entities, motion picture studios, record companies, professional sports franchises, publishers, and television companies).
Our lawyers have helped clients recover more than $6 billion.
Our lawyers have handled, or currently handle issues involving claims and losses across the world, including losses arising in Argentina, Canada, China, France, Indonesia, Korea, Mexico, and Thailand. We have substantial experience with property and business interruption losses arising outside the United States. We also have substantial experience with political risk insurance. And, we have engaged in arbitrations in Bermuda, Canada, and the London Court of International Arbitration—and been retained as experts to offer opinions on international insurance issues.
Our lawyers also have negotiated and litigated against underwriters at Lloyd’s, London, and against many of the world’s largest foreign insurers, working through the nuances of differences in cultural and business approaches, choice of law provisions, international discovery protocols and treaties, and the historical context of the development of standardized insurance policy forms and the development of different, but intertwined, international insurance and reinsurance markets.
We have engaged in arbitrations in Bermuda, Canada, and the London Court of International Arbitration.
Insurance and Risk Transfer Design
Like many lawyers, our most senior partners started as commercial litigators. As the value of insurance products became more important in the face of mass tort litigation, class actions, environmental risks, complex criminal schemes, massive property and business interruption losses, and the risks inherent in a “connected world,” we began advising clients on how to tailor their insurance programs to enhance the protections against liabilities and losses. We now have decades of experience designing new insurance policies and products, working with alternative forms of risk management and transfer (including new insurance coverages and markets and non-insurance solutions to protecting against risk).
We welcome the change to help clients assess risk, and explore and develop new ways of protecting against the financial consequences of litigation and potential losses.
We now have decades of experience designing new insurance policies and products.
Commercial litigators must have a broad base of knowledge and experience in a wide range of areas such as construction, real estate, employment and contract disputes. They must have equally broad ability to successfully prepare and take a case to trial or to amicably resolve a matter by way of alternative dispute resolution.
Our lawyers have made careers striking these balances and achieving the desired results for our clients. We have tried cases in federal and state courts and resolved others, either at mediation, arbitration or through keen negotiation. Our clients include individuals as well as manufacturing, construction, entertainment, retail and financial services businesses of all shapes and sizes.
We also recognize that all commercial disputes are unique and that there is no “one size fits all” way to effectively represent our clients. Our lawyers partner with our clients to effectively and efficiently combine skill, creativity and legal acumen in order to achieve the goals and exceed the expectations of our clients.
Our lawyers have made careers striking these balances and achieving the desired results for our clients.