Category Archives: Insurance

Insurance Coverage

Mediation of 8-figure coverage dispute involving contamination of 6 million pounds of cheese.

Insurance – Brokerage

Resolved various disputes between insurance brokers and brokerage owners and employees.

Insurance Coverage

Resolved dispute regarding whether or not large class action settlement was a covered claim or excluded as an”Inadequate Compensation” claim.

Insurance — Umpire

Served as umpire to resolve all types of insurance claims

Insurance Coverage

Insurer issued a broker-dealer professional liability policy to broker dealer which had given notice to the insurer of complaints and claims, including multiple FINRA statement of claims resulting from losses suffered by claimants alleging unauthorized trading and engagement in unsuitable investment recommendations. The insurer filed a declaratory judgment seeking recession because of the insured alleged […]

Coverage

Resolved coverage claims related to specialty environmental policy at former 1100 acre mining facility in California.

Insurance Coverage

Environmental coverage matter involving PCB and other contamination at large industrial rail facility.

Insurance Coverage

Resolved claims by City and Sanitary District for coverage of remediation of landfill, wherein insurers argued known loss, expected/intended, no occurrence, late notice and that costs to close site are ordinary costs of operating a landfill.

Insurance Coverage

Resolved claims for coverage of significant property damage and mold remediation stemming from broken pipe dumping over a half million gallons of water into theater.

Insurance — Fire Damage

Claim of bad faith by insured who received $3.4 million in insurance proceeds after business fire, but alleged proceeds arrived too late to save business du to a pre-textual arson investigation.

Insurance Coverage

Dispute between Fortune 500 companies involving whether Buyer or Seller is responsible for substantial environmental clean up of subsidiary company sold 40 years earlier.

Insurance Coverage

Resolved buyout by insured PRP of certain coverage related to large Superfund site

Insurance Coverage

Resolved claims by PRP Group involving coverage under specialty environmental policy of infamous Superfund site

Insurance Coverage

Resolved dispute over coverage of defense costs incurred by city to defend multi-faceted and tangentially-related claims.

Insurance — Broker

Resolved claims by policyholder against broker after fire alleging failure to procure requested increase and breach of duty to advise that coverage was substantially inadequate to cover losses from fire.

Insurance Coverage

Resolved coverage to INDOT and general contractors of large highway project related to claims stemming from explosion near joist resulting in catastrophic burns and $8 million in medical expenses.

Insurance Crime Coverage

Resolved claims for coverage under various policy provisions related to misappropriation of $280 million by a corporate officer of insured.

Insurance Coverage

Mediated dispute involving insurance coverage for $55 million settlement of class action against large municipality related to strip searches and cavity searches as part of jail admission process.

Insurance Coverage

Resolved 8-figure claim by chemical company against its insurer for coverage of defense and indemnity obligations under a unique manuscript policy related to various product liability claims.

Insurance Coverage — Environmental

Resolved claim for coverage related to toxic tort class action in Taiwan.

Insurance – Umpire

Served as umpire in dispute involving vastly different appraisals on several classic cars and race cars completely destroyed in fire at restoration facility.

Insurance – Coverage

Resolved coverage dispute involving denial to wife/homeowner of coverage for fire damage where estranged husband/homeowner set the fire.

Insurance — Life Insurance, Viatical Settlement

Resolved multi-million dollar claim against viatical settlement company by its leading investor.

Insurance — Failure to Procure

Resolved multi-million dollar claim by Hotel owner against insurance broker for failure to obtain lost income and soft cost coverage for losses when construction issues cause two year delay in project.

Insurance — Disability

Resolved significant claim for long-term disability benefits under both “own occupation” and “any occupation” standards

Financial Institutions — Bond Claims

Multi-million claims by bank on its Financial Institution Bond related to fraudulent RV loan scheme by customer

Insurance Coverage

Resolved claim by insured for defense costs and bad faith stemming from mega-sanctions order against counter-claimant and its counsel

Insurance – Worker’s Comp

Resolved matter involving dramatic increase in national company’s worker’s comp premiums.

Insurance Coverage

Resolved dispute regarding defense and indemnity obligations of insurers stemming from counterclaims brought by terminated CEO of high-profile corporation.

Insurance Coverage — Hurricane Damage

Mediated coverage disputes related to widespread damage from hurricane at 70 building apartment complex

Environmental

Resolved dispute involving insurance coverage for remediation of large  manufacturing complex

Insurance

Resolved claims of fraud, misrepresentation and breach of fiduciary duty and breach of contract against insurance company and its agent regarding whole life and other policies

Insurance

Resolved claims by convenience store chain against insurers for environmental remediation costs at approximately 200 gas stations.

Insurance, Environmental

Disputes related to environmental remediation at former salvage yard slated for redevelopment. (

Insurance (Coverage)

Resolved insurance coverage claims related to White River Fish Kill.

Insurance (Coverage)

Resolved dispute between large grocery chain and its insurer as to whether its CGL policies defense costs were part of a large per claim SIR or were covered outside of the SIR.

Insurance (Coverage)

Recission action was brought by Insurer insuring D&O policies to another insurance company. The recission was based on alleged financial misrepresentations in the application for a renewal policy. The Insured had multiple securities actions filed against it as a result of a restatement of income and other matters. The Insurer claimed that the Insured knew […]

Insurance (Coverage)

Notice on indemnity policy given by insured one month after multi-million dollar verdict entered. Resolution involved policy buy out and discussion of waiver and estoppels and elements of prejudice

Insurance (Coverage)

An insolvent casualty company had provided three years of occurrence coverage to a fortune 500 company. The court supervising the liquidation issued an administrative order that required policyholder to value all pending, future and incurred but not reported claims. The insured reported multiple mass tort cases alleging injury or damage from its product. The insurer […]

Insurance (Coverage)

A surgeon was severely injured in an automobile accident and received $1,000,000 policy limits of the tortfeasor. Both doctor and insurance company agreed that the doctor was disabled from performing his job as a surgeon. The doctor was and will continue to receive disability benefits from a policy he purchased. The dispute was between the […]

Insurance (Coverage)

A metal rack falls off a horse trailer causing a trailing vehicle to wreck. The issue was not the amount of the claim, but rather which insurance company was responsible, the insurer of the towing vehicle or the insurer of the trailer itself.

Insurance (Broker Negligence)

Claims related to broker’s advice to switch company’s stop loss carrier, resulting in laser exclusions for certain high dollar claims.

Insurance (Bad Faith)

Sixty-five year old man applied for health insurance and reported in a telephone application that he had seasonal allergies and took over-the-counter medicine. Two years later, he had serious heart issues and incurred substantial medical bills. The medical bills triggered a recovery and receipt of prior medical records and those records disclosed that the insured […]

Insurance (Bad Faith)

A company refused to settle a clear liability wrongful death claim for $25,000 limits. However, the limits were offered six weeks after the initial demand. The case went to trial, excess judgment rendered for $166,000. The defendant/insured declared bankruptcy.

Insurance (Agency)

Claim against insurance agency for failure to obtain replacement cost insurance on shopping center that subsequently burnt down.

Insurance (Agency)

Dispute regarding coverage allegedly promised by agent versus coverage actually contained in the insured’s policy.

Environmental (PCB Contamination)

Resolved coverage dispute involving remediation of PCB contamination of Fox River in Wisconsin.

Education, Insurance

Coverage dispute related to a claim by a not-for-profit school against its founder over disposition of certain property to the founder.

Class Actions, Commercial Disputes

HealthSouth: Appointed by State Court Judge in Birmingham, Alabama, to mediate the state court litigation alleging billions of dollars of losses stemming from accounting and financial reporting fraud. The litigation included derivative actions and class actions for fraud and breach of fiduciary duty and securities fraud actions against officers, directors and outside accounting and investment […]

Insurance (Coverage)

Mediated claim by Fortune 50 company against its insurers related to PCB contamination at numerous sites, including Boston Harbor.

Insurance (Coverage)

Mediated claims by national dry cleaning entity for reimbursement of clean up of TCE spills at its stores throughout the country

Insurance (Coverage)

Mediation of claims by major manufacturer against multiple insurers to recover potential $900 million remediation at Superfund site.

Insurance (Coverage)

Mediation of insurance claims by 125-year-old utility company against scores of insurers relating to environmental contamination at manufactured gas sites.