Services Insurance Coverage & Recovery

Kean Miller helps businesses recover money from their insurance companies. We analyze the coverage provided by insurance policies, present claims to the insurance companies for you, challenge the insurance companies’ denials of coverage, and litigate with insurance companies – all to maximize the recovery our clients bargained for. We have recovered hundreds of millions of dollars for our clients from insurance companies.

During the claims process, we protect our client’s coverage position by satisfying notice requirements, complying with policy terms and conditions, documenting claims, and pushing back on unfounded positions – all important steps that can maximize our client’s chances of insurance recovery.

We also review insurance policies and indemnity contracts to make sure our clients are adequately protected before incidents happen. Our team reviews, drafts, and negotiates a full array of insurance and indemnity provisions in service agreements, purchase orders, statements of work, leases, supply agreements, construction contracts (including AIA contracts), and other agreements – all designed to protect our clients’ businesses from harm.

Our attorneys have successfully litigated, mediated, and arbitrated insurance coverage and bad faith disputes, including matters involving multiple insurance carriers with multiple insurance policies. We have obtained coverage, including defense expenses and indemnity, for policyholders and additional insureds where the insurance companies wrongfully deny coverage. We routinely handle insurance and indemnity demands and responses in connection with environmental actions, toxic tort actions, plant explosions, construction defect matters, products liability lawsuits, asbestos claims, legacy lawsuits, wetlands loss litigation, professional liability claims, 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), professional liability, employment practices liability (EPLI), fiduciary liability, pollution liability (PLL), cyber, crime, commercial property, and builder’s risk insurance policies.

Our knowledge of Texas and Louisiana insurance laws makes us the go-to policyholder firm in the region. Our team includes members of the American Bar Association’s (ABA’s) Tort Trial and Insurance Coverage Litigation Committee (TIPS), co-author 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 ABA’s Insurance Coverage Committee, a past editor of the International Risk Management Institute CGL Reporter, and a past editor of TIPS’ Annual Insurance Survey.

Areas of Expertise

• Advertising Injury Claims
• Builder’s Risk Coverage
• Business Interruption Claims
• Captive Insurance Programs
• Commercial General Liability Coverage
• Compilation of Settlement Models and Scenarios
• Construction Claims
• Damage Quantification
• Delineation of Implicated Insurance Coverage Issues
• Directors and Officers Coverage
• Employment Practices Liability Coverage
• Environmental Coverage
• Errors and Omissions Coverage
• Insurance Policy Analysis and Interpretation
• Fiduciary Liability Coverage
• First Party Property Coverage
• Legislation
• Location and Proof of Lost and Expired Insurance Policies
• Patent, Trademark and Copyright Infringement Claims
• Pollution Legal Liability Coverage
• Professional Malpractice Coverage
• Reinsurance Disputes
• Risk Management and Risk Assessment Counseling
• Settlement Structuring and Negotiation

Representative Experience

• Obtained $30+ million under CGL and pollution liability policies for pollution-related losses.
• Obtained $25+ million for a Fortune 500 company from insurers under CGL policies for injuries sustained by plant workers and contractors after a plant explosion.
• Obtained $15+ million for banks related to hurricane-related property damage.
• Obtained $10+ million for an energy company to pay for injuries arising from a well blowout.
• Represented of one of the world’s largest outdoor advertising companies in obtaining $7.6 million in insurance proceeds related to hurricane-related property damage, business interruption losses, attorneys’ fees, court costs, and bad faith damages.