Insurance Coverage and Litigation

Kean Miller LLP represents industry, business, and individuals in coverage disputes with insurers.  We are dedicated to maximizing insurance recoveries of our policyholder in all types of coverage situations, such as third party claims for bodily injury, property damage, business interruption losses, employee retaliation and discrimination matters, fiduciary breaches, professional liability claims, directors and officers' claims, environmental liabilities, and indemnity claims.  Kean Miller LLP has experience with a wide array of coverage issues and insurance policies, and has recovered tens of millions of dollars on behalf of policyholders.  Under limited conditions, we have represented specialty risk groups.

Our Insurance Coverage Team is very seasoned in coverage litigation, settlement negotiations, and in the evaluation of coverage, limitations, policy enhancements, and other insurance and risk management matters.

The insurance group provides coverage advice for parties involved in acquisitions and mergers by structuring transactions to maximum insurance coverage.  The group provides clients with assistance by reviewing and negotiating insurance and indemnity provisions in contracts.  The group can also audit existing contracts and insurance programs.

When claims occur, Kean Miller LLP seeks to protect our client's coverage positions by fulfilling policy conditions and documenting claims, important steps that can avoid litigation and enhance recoveries.

Representative Experience:

  • Representation of large energy exploration and production company for defense costs and indemnity in oilfield legacy and wetlands loss litigation.

  • Representation of a national engineering company in coverage claims in asbestos litigation involving multiple insurers.
  • Representation of an international company in coverage claims related to environmental whistleblower claims.

  • Representation of a fertilizer manufacturer in coverage claims involving contractual indemnity for bodily injury.

  • Representation of one of the world's largest advertising companies in bodily injury claims involving bodily injury arising out of advertising operations, and property damage to billboards from hurricane damage.

  • Representation of a worldwide chemical company in the recovery of settlement monies paid for bodily injury and property damages and in environmental class action litigation.

  • Representation of a publicly traded construction company in a coverage claim involving property damage and business interruption involving a plant shutdown.
  • Representation of bank directors in coverage litigation involving claims by the Federal Deposit Insurance Corporation.
  • Representation of a regional fast food company on business interruption claims.

  • Representation of a major New York financial institution and its entities related to coverage for bodily injury claims arising out of mold exposure in a New Orleans hotel.
  • Representation of regional financial company for defense and coverage in hundreds of lawsuits related to lender liability and unfair trade practices.

  • Representing large chemical company in a coverage claim for settlement amounts paid in remediation of numerous swimming pools (local counsel).

  • Representation of Louisiana Municipal Association on various coverage related issues.

  • Representation of a major construction company and a pipeline company in coverage claims involving chemical releases.

  • Representing of a New Orleans horse racing facility in defense and coverage litigation involving handling of gaming purses.

  • Representation of large regional bank in its capacity as trustee for life insurance coverage and customer claims related to customer financial accounts.

  • Representation of large financial institution in coverage disputes under directors’ and officers’ policies and bonds arising out of multi-million dollar commercial loan loss.

Areas of Expertise:

  • Commercial General Liability Coverage
  • Directors and Officers Coverage
  • Errors and Omissions Coverage
  • Products Liability Coverage
  • Business Interruption Claims
  • Fidelity and Surety Bonds
  • Construction Claims
  • Patent, Trademark and Copyright Infringement Claims
  • First Party Property Coverage
  • Environmental Coverage
  • Advertising Injury Claims
  • Workers’ Compensation and Employment Claims
  • Disability Insurance Issues
  • Professional Malpractice Coverage
  • Insurance Coverage as an Asset of a Bankruptcy Estate
  • Risk Management and Risk Assessment Counseling
  • Mergers and Acquisitions
  • Regulatory and Corporate Issues
  • Receivership
  • Federal and State Securities
  • Legislation
  • Licensure
  • Arbitration of Various Commercial Contracts
  • Reinsurance Disputes
  • Captive Insurance Programs
  • Location and Proof of Lost and Expired Insurance Policies
  • Insurance Policy Analysis and Interpretation
  • Delineation of Implicated Insurance Coverage Issues
  • Review of Potentially Applicable Laws
  • Damage Quantification
  • Compilation of Settlement Models and Scenarios
  • Settlement Structuring and Negotiation