Greenberg Traurig’s creative approach to settlement and results-oriented, cost-effective litigation strategies have resulted in significant victories in some of the largest insurance coverage disputes in the U.S. Recoveries to date total in excess of billions of dollars. From the enormous business interruption losses arising from the terrorist attacks in September 2001 to some of the largest environmental cleanup cases in the country, our integrated national network of professionals is at the forefront of recovery with claims litigation and settlement.
The Insurance Recovery and Advisory Group is an integrated national network of professionals who understand the insurance business dynamic and use this knowledge to anticipate problems and devise practical solutions, often without litigation.
We offer two broad types of services to our clients:
Claims Litigation and Settlement – Our claims litigation and settlement services often begin with a comprehensive insurance audit to help locate applicable insurance policies, and identify the best approach for recovery.
Insurance Counseling – Clients also find our counseling services helpful for implementation of institutional controls, recommendation of insurance products, and negotiation of policy terms. Greenberg Traurig works closely with clients’ brokers, often providing a required “second look” at coverages.
Tangible Benefits
No efforts pursuing insurance recovery or structuring insurance programs take place unless the return warrants the investment – a basic business decision. Any engagement begins with a plan, and upon retention we devise a detailed plan that sets forth a strategy for resolving a client’s insurance dispute or coverage placement issue in a cost-effective and efficient fashion.
Insurance and Claim Counseling and Management
Greenberg Traurig counsels clients on procurement of insurance and risk management. Working in concert with risk management professionals and/or brokers, our attorneys are experienced in selecting and advising on appropriate coverage to minimize risk and maximize return.
Restructuring of Coverage
Where appropriate, we will assist in restructuring current and historic coverages, including renegotiation of coverage terms for known liabilities, to address material corporate liabilities and coverage disputes.
Corporate Transactions and Restructuring
Greenberg Traurig is a business law firm that provides clients with sophisticated transactional advice. All transactions handled by our lawyers have an insurance component. Our insurance advisory practice involves the protection of insurance and counseling clients regarding implications of transactions on existing and past insurance coverage.
Insurance Program Reconstruction and Analysis
We engage in the reconstruction, analysis, and depiction of historic insurance programs. This process often includes on-site “insurance archaeology,” which involves specialized searches of old records. To maximize your return, we have worked with some of the best archaeology firms in the business to reconstruct billions of dollars in coverage.
Directors and Officers
Obtaining coverage for lawsuits against directors and officers, including shareholder class action lawsuits. In bankruptcy, where D&O insurance proceeds are highly coveted by both the estate and the directors and officers of the company, we offer experience and insight enabling the preservation and realization of this important asset.
- Representing clients in connection with workouts and restructurings of Directors & Officers and Fiduciary insurance
- Resolving claims for policy holders under multi-layered D&O insurance programs
- Arbitrating matters on behalf of creditors and insured parties
- Litigating claims on behalf of bankruptcy debtors and creditors, seeking reimbursement of proceeds under D&O insurance policies
- Advising directors and officers in connection with securing coverage under corporate indemnities and D&O insurance programs
- Counseling Fortune 500 and smaller corporate entities in the procurement of insurance policies; negotiating endorsements broadening coverage; and performing “second look” for directors, officers, and corporations
Terrorism and Business Interruption
Recovering business interruption losses for, among other things, the terrorist attacks of September 11, 2001.
- Representing clients for property damage and business interruption losses related to September 11th
- Settling billion dollar property damage and business interruption claims on behalf of city transportation authorities
- Advising clients regarding September 11th claims under IRI policy
- Representing clients regarding business interruption losses under property policies due to December 2002 typhoon
- Settling September 11th business interruption claims for losses under event cancellation insurance program
- Representing financial institutions in the evaluation, negotiation, and settlement of September 11th business interruption claims
- Advising financial institutions in connection with the recovery of hurricane losses incurred by limited partnerships
- Representing residential companies for BI losses resulting from fires
Environmental
Negotiating and litigating insurance coverage disputes for Fortune 500 companies, municipalities, and small to medium size businesses seeking coverage for environmentally-related liability.
- Representing clients in environmental cost recovery efforts, including coverage lawsuits and CERCLA cost recovery actions against the U.S. Department of Defense
- Advising on and negotiating significant recoveries in coverage disputes related to environmental liability at airports and Superfund sites around the U.S.
- Representing clients in complex global insurance recovery efforts involving litigation and settlement of environmentally related liability at airport and non-airport sites across the U.S.
- Representing developers of brownfield sites in bad faith claims under environmental policies
Aviation and Aerospace
Obtaining insurance coverage for disasters and other types of liability pursuant to Aviation Hull and Liability insurance policies, and third-party Comprehensive General Liability policies.
- Securing full coverage for significant liabilities resulting from airliner crashes
Construction and First Party Property
Recovering insurance proceeds for developers, property owners, manufacturers, and builders under Builders’ Risk, All Risk, and First Party Property and Business Interruption policies.
- Negotiating multimillion dollar settlements for large developers, commercial property owners, and businesses for hurricane damages
Professional Liability
Securing insurance coverage under Errors and Omissions insurance.
- Representing computer software companies, insurance companies, brokerage firms, architectural firms, engineering firms, and law firms on a wide range of matters
Fidelity
Assisting policyholders in obtaining coverage for employee theft, fraud, and breach of fiduciary obligations.
Products Liability
Perfecting insurance coverage rights under Products Liability and third-party Comprehensive General Liability insurance policies for issues like asbestos, lead paint, and breast implants.
- Representing clients in connection with sales of products to be used in health supplements marketed by the U.S.
- Assisting parent corporations with insurance options relating to asbestos liability of subsidiaries; securing unlimited defense cost coverage from certain primary insurance carriers
- Negotiating coverage for lead in jewelry claims
Toxic Mold
Obtaining defense and indemnity coverage for lawsuits filed against developers alleging bodily injury and property damage caused by toxic mold exposure.
Employment and ADA
Securing insurance coverage for employment-related discrimination claims and ADA claims which insurers assert are not covered under standard form liability insurance policies.
Intellectual Property
Obtaining insurance coverage for trademark infringement and other IP lawsuits. |