Loss Recovery Litigation

Kean Miller is widely regarded and well-known as one of the foremost tort recovery firms in Louisiana.  We concentrate on assisting clients in recovering losses, primarily property damages, which in many cases include amounts paid to resolve personal injury litigation, from third-party tortfeasors.  Our advices in this regard, with the respect to the rights and obligations of the assured and their underwriters, include recovery and awards in connection with contract disputes, explosions, property damage, personal injuries, toxic discharges as well as the examples set forth below.

Our team has learned through its cumulative experience that partnering with the insured and its underwriter to recover their combined losses from third party tortfeasors is beneficial.  The assured, the entity who has sustained the initial loss usually has firsthand knowledge of the events surrounding the incident or event.  Our knowledge of the assured’s operations and its employees, combined with the assured and underwriter’s assistance, regularly lead to optimum results.

Property recovery events lend themselves to alternative and creative fee arrangements.  Kean Miller is in the forefront of Louisiana firms in endorsing this approach for its clients.  We often share the litigation risks by accepting recovery cases on a contingency basis, modified contingency basis, standard fixed fee arrangements, or blended fee arrangements.  This partnering arrangement increases everyone’s incentive to achieve the most favorable results.

Our team has extensive experience in matters involving offshore drilling, energy exploration, maritime, petrochemical, energy, construction, pipeline, refining, manufacturing, technology, and retail industries.

Representative Experience:

  • Representation of an industrial manufacturer in a $60 million subrogation claim against an engineering firm related to the failure of a waste heat recovery boiler upon re-start of the facility resulting in replacement of the internal components of the boiler and related business interruption loss.
  • Representation of a global chemical company in its claim for recovery of settlement proceeds paid to resolve personal injury and property damage claims.  The claims were a result of alleged exposure to chemicals released from a petrochemical facility. The Kean Miller team recovered more than $25 million for our client.
  • Counsel for a large offshore drilling contractor and its insurers whose rig sank while under tow in the Mediterranean Sea.  Our team recovered more than $17 million for our client.
  • Representation of a drilling contractor and its insurers in connection with a well blowout and resulting 10-day fire.  Losses included damage to the drill rig, wreck removal and salvage expenses, amounts expended to resolve personal injury, and death claims.  Following trial, our team recovered $9 million from the blowout preventer manufacturer.
  • Representation of an oil & gas company and its insurers in a suit for damages  caused by a well blowout, resulting in a recovery of $10 million.
  • Representation of an oil & gas company and its insurers in a suit for damages  caused by a well blowout, resulting in a recovery of $3 million.
  • Representation of an oil & gas company and its insurers in a suit for damages to a well head caused by an allision with a vessel.
  • Representation of offshore platform owner and its insurers where the platform was destroyed as a result of a semi-submersible rig breaking its anchors during a hurricane.  The free floating rig destroyed the platform which was no longer used for production purposes.  The platform owner had a proposed alternative use which had not been implemented.  The team recovered in excess of $4 million, representing the platform’s insured value, wreck removal, P&A expenses, as well as the cost of constructing a replacement platform.
  • Subrogation counsel for a drillship owner whose vessel was damaged in a collision in the South China Sea.  Following trial, our team recovered 100% of claimed damages of more than $1.3 million for our client.
  • Representation of an energy company and its insurer in connection with damage caused by a third-party which resulted in a hydrocarbon leak to its pipeline that included $1.3 million in clean-up and remediation.
  • Representation of a global computer company in subrogation action to recover damages caused by a computer fire.
  • Representation of a national retailer in a subrogation action to recover damages sustained when a water heater caught fire.
  • Representation of a national aggregate provider in the recovery of worker’s compensation benefits paid to an employee.
  • Representation of clients in a number of Mary Carter releases where our team prosecuted third-party actions and obtained monetary recoveries.

Areas of Expertise:

  • Employment practices including wrongful termination, sexual harassment, employment discrimination, Federal Title VII, EEOC, and age discrimination claims
  • Business litigation
  • Issues arising out of bankruptcy or liquidation
  • Vessel collisions
  • Allisions with docks and other stationary structures
  • Exploration and production activities
  • Jones Act, LHWCA, and DOSHA claims
  • Pipeline incidents
  • Refining casualties
  • Down hole problems
  • Well blowouts
  • Offshore drilling activities/onshore drilling activities
  • Offshore/onshore production activities