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Insurance Recovery

Our insurance lawyers advise on procurement of insurance, engage in dispute resolution over covered losses, and engage in sophisticated restructurings using insurance recoveries, qualified settlement funds, and captive insurance companies. We deliver comprehensive cross-disciplinary services to provide an end-to-end solution to actual and potential liabilities, including through dedicated structures designed to contain and fully fund such liabilities. Our lawyers help clients accomplish their goals through strategic advice, sophisticated deal-making, and dispute resolution in forums across the United States, Europe, and Asia.

We are highly skilled at resolving insurance disputes or enabling a reorganization to proceed by recovering or preserving insurance policy assets for third-party claims. These claims can be product liability, toxic tort, environmental liability, directors’ and officers’ liability, commercial disputes, patent, or copyright and trademark claims, or cyber-related losses. We also handle claims for the recovery of loss from physical damage, business interruption, and mortgage insurance.

Our clients are engaged in the manufacturing, food and beverage, energy, medical device, life sciences, retail, banking, and financial services industries. A number are public and private Fortune 500 companies. In addition to asset protection and recovery, we collaborate with our colleagues who defend clients in mass tort, product liability, environmental, intellectual property, and class action litigation, enabling us to provide a seamless, efficient, and effective response that addresses our clients’ underlying liabilities. We are both trial and appellate lawyers, with litigation experience in more than 30 jurisdictions; eight federal appellate circuits; the highest appellate courts of California, Massachusetts, Maryland, Minnesota, Iowa, Rhode Island, Pennsylvania, and Texas; and the US Supreme Court.

Our asset protection and recovery lawyers are as comfortable in the boardroom as in the courtroom. We are active in reserving, 10-K, 10-Q, financial reporting, and the tax and securities implications of insurance and associated liabilities. We have specific experience in the tax-advantaged use of insurance and other techniques in the isolation, funding, and management of legacy liabilities. Clients seek our guidance on corporate reorganizations and the use of captive insurance to isolate, fund, and efficiently manage liabilities that surface from discontinued operations. We counsel our clients on the use of captives, qualified settlement funds, and other special purpose vehicles to facilitate risk transfer, reduce taxes and transaction costs, and maximize asset protection and recovery strategies.

Our knowledge extends to umbrella and excess coverage, errors and omissions, fiduciary liability, employer’s legal liability, property and casualty, media liability, surety, bumbershoot, finite risk, coal mine liability, hull, and manuscript policies.