Insurance Coverage and Recovery
Kean Miller represents policyholders in coverage analysis and disputes with insurance companies. Our engagements include litigating against insurance companies, providing coverage opinions, analyzing reservation of rights letters, challenging denial of coverage letters, reviewing insurance policies, providing risk management services, and negotiating coverage enhancements, exclusions and manuscript endorsements. Kean Miller protects our client’s coverage position prior to and during the claims process by satisfying policy notice requirements, complying with policy terms and conditions, and documenting claims – all important steps that can avoid loss or denial of coverage and maximize your chances of insurance recovery.
Members of our Insurance Coverage and Recovery Team frequently speak and write on insurance coverage and indemnity issues. Our Team includes members of the ABA’s Tort Trial and Insurance Coverage Litigation Committee (“TIPS”), co-authors of a chapter in the ABA's "The Reference Handbook on the Commercial General Liability Policy" concerning triggers of coverage, past Vice Chairmen of the American Bar Association Insurance Coverage Committee, a past editor of the International Risk Management Institute CGL Reporter, and a past editor of TIPS’ Annual Insurance Survey.
Coverage Litigation, Mediation, and Arbitration
Our Insurance Coverage and Recovery Team has had success in litigating, mediating, and arbitrating insurance coverage and bad faith disputes. Our experience includes advising and representing clients in complex insurance matters involving multiple insurance carriers, with multiple insurance policies (where vertical and horizontal exhaustion are typically in issue), in excess liability situations. We have obtained coverage, including defense expenses and indemnity, for policyholders and additional insureds in connection with environmental and toxic tort actions, legacy lawsuits, professional liability claims, products liability lawsuits, governmental investigations, intellectual property claims, directors' and officers' disputes, property losses, and business interruption losses under commercial general liability ("CGL"), directors and officers liability ("D&O"), employment practices liability ("EPLI"), fiduciary liability, pollution and remediation legal liability ("PLL"), crime, and builder's risk insurance policies.
The Insurance Coverage and Recovery Team also provides coverage advice for parties involved in acquisitions and mergers by structuring transactions to maximum insurance coverage. The Team provides clients with assistance in the review and negotiation of insurance and indemnity provisions in contracts. The Team can also audit existing contracts and insurance programs. Under limited conditions, we have represented specialty risk groups.
- Representation of a 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 one of major brine producers related to damages resulting from the formation of a 20-acre sinkhole.
- 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 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 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 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 a multi-million dollar commercial loan loss.
- Representation of a regional fast food company on business interruption claims.
- Representation of a 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 self-insured Trust in multi-district Chinese drywall litigation and large numbers of general liability coverage issues.
- 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.
Areas of Concentration:
- Commercial General Liability Coverage
- Pollution Legal Liability Coverage
- Builder’s Risk Coverage
- Employment Practices Liability Coverage
- Fiduciary Liability Coverage
- Construction Claims
- Environmental Coverage
- Directors and Officers Coverage
- Errors and Omissions Coverage
- Business Interruption Claims
- Patent, Trademark and Copyright Infringement Claims
- First Party Property Coverage
- Advertising Injury Claims
- Professional Malpractice Coverage
- Risk Management and Risk Assessment Counseling
- 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
- Damage Quantification
- Compilation of Settlement Models and Scenarios
- Settlement Structuring and Negotiation