Insurance Coverage and Litigation
Kean Miller represents insured businesses and individuals in coverage disputes with insurers. We are dedicated to maximizing insurance recoveries of our clients. Although we devote a large part of our practice to obtaining coverage for toxic tort and environmental liabilities under comprehensive general liability policies, we have experience with a wide array of coverage issues and insurance policies. Kean Miller has recovered tens of millions of dollars on behalf of policyholders.
Our Insurance Coverage Team has significant experience in trials, settlement negotiations, commercial and tort suits, and in the evaluation of coverage, limitations, policy enhancements, and other insurance and risk management matters.
When claims arise, we seek 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 defense and coverage claims in asbestos litigation involving multiple insurers.
- 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.
- 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 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.
- Representing large chemical company in a coverage claim for settlement amounts paid in remediation of numerous swimming pools (local counsel).
- Representation of a convention and visitors bureau on potential claims related to business interruption.
- 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.
- Representation of large financial institution in coverage disputes under directors’ and officers’ policies and bonds arising out of multi-million dollar commercial loan loss.
- Representation of a regional financial company for defense and coverage in hundreds of lawsuits related to lender liability and unfair trade practices.
- Representation of numerous bank directors in coverage litigation involving claims by the Federal Deposit Insurance Corporation.
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