INSURANCE

Our Coverage Practice Focuses on Policyholder Representation

With a combined 60 years of experience representing commercial insureds across a wide range of industries on virtually every type of coverage issue, our attorneys provide policyholders knowledgeable and straightforward legal advice.

 

RECENT SUCCESS

  • Obtained substantial defense-cost reimbursement–after the insurer denied any liability–for one of the country’s largest school districts without having to resort to litigation
  • Settled lawsuit through early mediation for a fire loss under a commercial property policy, including elements of equipment repair, temporary operating expenses and business interruption losses
  • After prevailing on appeal of a threshold related-claims coverage issue, successfully settled an E&P client’s securities-claim litigation
  • Coverage counsel to a Fortune 100 company in one of the largest insurer-funded shareholder-derivative lawsuits to date
  • Prevailed on summary judgment for oilfield service company on the legal meaning of “loss of hole” in a commercial general liability policy

INSURANCE EXPERIENCE

Hurricane and Flooding Claims

  • Counseled Texas Medical Center hospitals and teaching institutions in recovering insured losses after Tropical Storm Allison.
  • Represented the Alley Theatre against its insurer for water damage claims arising from Tropical Storm Allison
  • Litigated Control of Well and Making Wells Safe claims for offshore properties damaged by Hurricanes Rita and Katrina
  • Litigated Removal of Wreck claims against the London insurance market after Hurricane Rita damaged offshore platforms.
  • Represented an E&P company after Hurricane Ike destroyed offshore property; helped negotiate settlements with tiered domestic and international insurance structure and litigated disputed claims to a successful conclusion
  • Counseled commercial policyholders through business interruption and contingent business interruption claims arising from property damage and orders of civil authority.

Securities, D&O

  • Represented public company in seeking coverage for reimbursement of a settlement for securities claims under directors’ and officers’ policy.
  • Counseled Fortune 100 company in one of the largest insurer-funded derivative claim settlements to date.
  • Represented Fortune 500 energy company in fidelity insurance claim resulting from computer-based theft.
  • Resolved coverage dispute under CGL and D&O policies arising out of a judgment, involving issues of wrongful termination, intentional conduct, concurrent causation, notice and allocation of loss between policies.

Property Damage and Oil & Gas Claims

  • Litigated claims for well bore damage through Underground Resources endorsement.
  • Helped policyholders with business interruption and contingent business interruption claims in quantifying losses and guiding submission for payment under first-party policies.
  • Worked collaboratively with plaintiff’s counsel and insurance company’s counsel to settle commercial property damage claim arising out of flooring installation.
  • Assisted in-house risk management with the settlement of an international boiler & machinery claim involving complex issues of causation.
  • Represented international industrial services company in pollution liability coverage litigation.
  • Resolved property damage and business interruption claims arising out of radioactive contamination.

Personal Injury

  • Coordinated coverage between multiple parties and insurers with conflicting indemnity language in Master Services Agreements.
  • Identified historical policies for client faced with long-tail personal injury claims and worked with brokers to maintain consistency in handling claims.

General Liability

  • Successfully obtained summary judgments on insurers’ duty to defend with reimbursement of defense costs in property damage, personal injury and environmental claims.
  • Resolved coverage dispute under homeowner’s policy for alleged damage to neighbor’s property.
  • Litigated coverage issues between a major oil field services company and several excess insurers arising out of an adverse judgment; issues included concurrent causation and underground resources exclusions.
  • Counseled oilfield services company on right of reimbursement from insurer for defense costs, penalties and court costs taxed against insured