Insurance Recovery
Our insurance recovery team partners with corporate policyholders to provide a strategic and comprehensive approach to their insurance and risk management needs from a legal standpoint.
We work across the full spectrum of commercial coverages, including property, business interruption, general liability, reps and warranties, OCIPs/CCIPs, CAR/BAR, cyber, D&O, and other professional lines.
With a history of advocating for clients against major insurers in the U.S. and internationally, we have recovered policy proceeds in response to:
- Pandemic-related business disruptions
- Natural disasters, including hurricanes, wildfires, and winter storms
- Cyberattacks, terrorism, and piracy incidents
- A host of other incidents involving commercial coverages
Policy Placement, Coverage Reviews & Program Audits
In addition to handling insurance claims and disputes, we also leverage the knowledge gained from that work to consult with clients on these issues from a transactional standpoint. Our team works closely with businesses, brokers, accountants, and other advisors to assess potential risks, review policy language, and structure coverage that aligns our clients’ objectives with the realities of commercial insurance markets as well as other risk transfer mechanisms such as captive insurers. We evaluate policies at all levels to identify potential gaps and recommend enhancements where needed.
Risk Management & Contractual Protections
Managing risk through effective contractual provisions is essential for any business. Our team designs and implements risk management strategies, including insurance procurement requirements and indemnity provisions. We help companies understand the risks they retain and those they transfer, helping them maintain a risk profile aligned with their business objectives. We also provide tailored guidance on structuring enforceable indemnity provisions in light of both case law and statutes affecting those agreements.
Insurance Due Diligence for Mergers, Acquisitions & Investments
In corporate transactions, understanding a company's insurance program is critical to evaluating financial and operational risks. Our legal team provides a detailed review in a privileged environment, ensuring that participants fully understand the scope, quality, and limitations of existing coverage.
We assist with:
- Verifying policy benefits and transferability
- Structuring runoff and tail coverage
- Identifying and evaluating pending claims
- Assessing claim reporting compliance
Additionally, we help businesses secure reps and warranties insurance, submit claims, and recover proceeds when policies are triggered.