All businesses potentially need support with their insurance programs or insured claims. Most rely on insurance to protect against potentially catastrophic property loss, business interruption and liability claims. Insurance is a valuable and expensive asset; Thompson Hine has extensive experience in helping companies make certain they are covered in the manner their insurance policy provides.
Our insurance recovery group has experience with insurance recovery on a wide array of policy forms utilized throughout the United States and Europe. We have represented policyholders in connection with a variety of claims, including long-tail environmental claims, construction defect claims, claims against directors and officers, claims against professionals, claims arising out of “fronting” and high SIR arrangements, and catastrophic liability claims involving multiple claimants.  Our professionals have handled cases resulting in the recovery of tens of millions of dollars against insurers.

Our insurance recovery lawyers are always ready to go to court when necessary. At the same time, our professionals have also had considerable success in reaching negotiated or mediated settlements with insurance carriers without the expense and distraction of litigation. In this regard, some of our insurance recovery professionals have prior experience representing insurers in connection with extremely large risks, and we know how to provide the information and make the arguments that resolve claims.

How We Can Help

Our insurance recovery lawyers assist clients in many different ways. Of course, our lawyers litigate coverage disputes against carriers when necessary. Our lawyers also assist in other ways, including:

  • Reviewing and analyzing insurance programs in connection with establishing a new business, a new line of business, or annual renewals;
  • Responding to reservations of rights or denials of coverage;
  • Serving as independent counsel for policyholders in litigation being defended by counsel chosen by insurance companies to make sure the policyholder’s rights are protected;
  • Conducting due diligence of insured or potentially insured claims in connection with mergers and acquisitions.
  • Drafting of manuscript endorsements for policies.

Types of Insurance Claims Handled

Our coverage lawyers can assist policyholders regarding almost any type of underlying claim. Some of the more frequently recurring  categories include:

  • Long-tail environmental liabilities, such as claims by governmental authorities or property owners pertaining to old or abandoned plant sites.
  • Long-tail claims for bodily injury, such as claims relating to exposure to asbestos, pharmaceuticals, or chemicals.
  • Construction defect claims for property damage allegedly caused by faulty workmanship or negligent construction.
  • Claims against corporate officers or directors.
  • Professional liability claims involving claims against professionals such as doctors, architects, engineers, and attorneys.
  • Catastrophic claims for bodily injury or death, including matters involving multiple losses arising out of a single event.

Representative Matters
  • Obtaining insurance coverage for asbestos claims asserted against a global manufacturer of valves and pumps under commercial general, umbrella and excess liability policies.
  • Obtaining insurance coverage for silica claims asserted against a national manufacturer of refractory products.
  • Obtaining coverage under commercial general, umbrella and excess liabilities policies for claims asserted by federal and state authorities for environmental contamination of public dump sites.
  • Bringing claims for apartment complex developer for hurricane damage under a builder’s risk policy, recovering full compensatory damages at trial in the Eastern District of Virginia with judgment affirmed on appeal.
  • Obtaining coverage for a large engineering company under a professional liability policy relating to a troubled industrial project, resulting in a confidential settlement.
  • Obtaining business interruption coverage settlement for recycling company in connection with catastrophic fire.
  • Obtaining coverage on summary judgment for utility as an “additional insured” under contractor’s general liability policy in connection with underlying wrongful death claims.
  • Representing farm in connection with nuisance claim brought by multiple neighboring property owners where the insurers sought to avoid coverage based on the “absolute” pollution exclusion, resulting in confidential settlements of insurance claims and the underlying nuisance claim.
  • Obtaining coverage for software application developer in connection with underlying claims for alleged misappropriation of trade secrets and breach of contract, resulting in confidential settlement of coverage claims and of underlying claims.
  • Representing a developer in obtaining insurance coverage for claims by over one hundred property owners alleging construction defects in a large condominium conversion project, resulting in confidential settlement.
  • Obtaining coverage under a first-party property policy in excess of policy limits for a multi-million dollar fire loss.
  • Obtaining coverage under a general liability policy for claims arising out of environmental contamination at the site of a former manufacturing plant.
  • Representing former directors of a financial institution in obtaining coverage under a D&O policy for a claim asserted by a bankruptcy trustee, resulting in a confidential settlement.
  • Representing subcontractor as independent counsel in connection with claims defended by insurance defense counsel regarding the collapse of a structure under construction resulting in confidential settlement.