Insurance Coverage Disputes

Representative Matters

  • Investigated long-term-care policyholders’ complaints about the client insurer’s denials of claims, and counseled the insurer on, and responded to, complaints filed with various states’ regulators.

  • Negotiated a settlement obligating a CGL policyholder to sue its former subsidiary, and not the client insurer, for indemnification of a $1 million deductible obligation to the insurer.

  • Represent a foreign insurer against its policyholder’s multimillion dollar lawsuit seeking coverage of claims against it by thousands of people infected by hepatitis C or HIV.

  • Represent an excess CGL insurer in a multimillion dollar allocation lawsuit against the CGL insurers of the indemnitor of the client’s policyholder, arising from an engine fire that burned down a tug boat for oil rigs.

  • Represented a business-auto insurer against a railroad that sought coverage under a “designated insured” form included in its subsidiary’s policy.

  • Represented a D&O insurer in an arbitration following the insurer’s denial of coverage for an investment fund’s regulatory settlement of allegations of securities manipulation.

  • Represented an excess insurer against a manufacturer’s belated claim for coverage of its asbestos liabilities.

  • Represented an insolvent professional liability insurer and its reinsurer against a lawsuit brought by the assignee of the policyholder doctor.

  • Represented an insurer in the course of adjusting a claim for property coverage following a fire at a casino, which led to subrogation claims.

  • Represented insurers against putative class alleging antitrust and RICO violations based on alleged “bid rigging” and the normal underwriting practices of Lloyd’s of London.

  • Won dismissal for a client of a $6 million claim brought under an insurance policy issued by its subsidiary insurance company.

  • Won judgment for a professional liability insurer against a claim for coverage of a $1.25 million judgment entered against the policyholder.

  • Won summary judgment for a life insurer against the State of Illinois in a tax dispute.

  • Won summary judgment, including attorney’s fees, for an insurer seeking collection under its $1 million deductible from a worker’s compensation policyholder.

  • Helped multiple clients compel insurance providers to cover the cost of defense and even offer indemnity in an array of situations where companies have been sued, ranging from IP infringement to interfering with contract rights. Often this has occurred in situations where the client may not have even considered checking their insurance policies to determine if coverage would be provided.

  • Prevailed in a declaratory judgment action in which the insurer refused to defend a board member for a breach of fiduciary duty claim, which was upheld on appeal, and resulted in a the insurer being ordered to provide a full defense and reimburse the board member for its attorneys’ fees and costs spent in the underlying claim.

  • Successfully opposed summary judgment against an insurer in a duty-to-defend case, resulting in continued coverage for the client in the underlying personal injury dispute.