practice areas
Insurance Recovery & Indemnification LAW
Our insurance recovery and indemnification practice enforces the rights of insureds for covered losses, and obtains advancement of costs in the course of disputes. We aggressively identify and seek recovery from all potential sources of coverage, advancement and indemnification.
Even the most sophisticated clients are often unaware of the full range of available coverage rights, risk allocation provisions, and statutory and common law rights to advancement and indemnification. We have an extraordinary record of success at obtaining coverage for our clients through negotiation, litigation or arbitration after an insurer or indemnifying party has initially denied coverage.
On an advisory basis, we review insurance portfolios to ensure that policies adequately cover exposure to risks, and that contractual risk allocation arrangements accurately protect our clients. Representative matters include:
Along with co-counsel Dykema LLC, obtained a major insurance coverage victory on behalf of McGraw-Hill Education Inc. against a subsidiary of AIG which had denied coverage. The New York Appellate Division’s First Department awarded McGraw-Hill summary judgment, holding AIG must provide insurance coverage for over $20 million in claimed defense costs and losses incurred during McGraw Hill’s defense of a series of copyright infringement cases.
Obtained a 2019 AAA award advancing legal fees for the US based former CEO of an international investment advisor charged by the SEC with violations of the Investment Advisors Act (Award).
Secured coverage for the criminal defense of an attorney indicted on federal fraud charges after the carrier’s initial denial of coverage.
Secured coverage for the civil defense of a brokerage firm for tortious interference with contract claims after the carrier’s initial denial of coverage.
Obtained a favorable settlement on behalf of widow against a carrier disclaiming life insurance for a twenty-year policyholder.
Advised client on potential coverage claims and updating insurance portfolio after internal theft by financial officer.
Obtained order in New York State court requiring plaintiff to advance defense costs to our client in litigation over consulting agreement which resulted in plaintiff discontinuing the action.
Represent public company in negotiations with its carriers regarding notice of claims and reasonableness of defense costs with respect to underlying litigation.