dcsimg Insurance Recovery

Insurance Recovery

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McGuireWoods has a long history of representing corporate policyholders on insurance matters of all kinds and helping our clients get the most from their insurance programs and policies. We know every aspect of insurance, from advising clients on appropriate coverage and risk management strategies, to pursuing and managing claims, to litigating coverage disputes wherever and whenever it is necessary. We combine our extensive insurance recovery experience with the premier trial and litigation capabilities for which McGuireWoods is well known. The lawyers in our insurance group regularly litigate high-profile, large exposure insurance coverage actions in state and federal courts nationwide, involving a wide range of insurance contracts and cutting-edge issues.

Our insurance practice focuses on representing policyholders in insurance disputes, and our track record of success speaks for itself. Since 2009, McGuireWoods has recovered more than $300 million for policyholders. The team includes more than two dozen lawyers in multiple offices, handling everything from coverage advice to trial. We provide counseling and handle disputes over a broad range of policies and issues, including:

  • First-Party Property & Business Interruption
  • Commercial General Liability
  • Products Liability Coverage
  • Environmental Issues
  • Asbestos & Other Long-Tail Exposure Claims
  • Advertising Injury
  • Construction Defect Claims
  • Contractual Indemnity Claims
  • Additional Insured Claims
  • Directors & Officers Claims
  • Employment Practices Liability
  • Professional Liability Claims
  • Fidelity & Financial Institution Bonds
  • Employee Dishonesty Claims
  • Life, Health & Disability
  • Title & Lien Protection Insurance
  • Bad Faith Claims
  • London Market Coverage
  • Bermuda Coverage
  • Broker Liability
  • Captive Insurance Issues
  • Reinsurance
  • Insurer Insolvency
  • Insured Bankruptcy

We have a wealth of experience in insurance matters that confront our clients. For example, several of the group’s lawyers spent decades representing insurance companies in coverage disputes and high-stakes litigation throughout the country. Others in the group have been representing policyholders in coverage disputes with insurers for most of their legal careers. This range of experience gives us greater insight into understanding how insurers evaluate claims and litigate coverage actions; where to focus attention in discovery; and how to leverage the law, policy terms and evidence for the best result for clients.

We also recognize the importance of taking proactive steps in coverage matters to reduce the expense and risk of protracted litigation. Where appropriate, we look for cost-effective interim solutions or early settlement opportunities to quickly resolve – or substantially reduce the cost of – insurance disputes. Members of our team have negotiated sophisticated, innovative settlements in a variety of settings. We are adept at negotiating claim handling, interim defense costs, coverage-in-place, risk financing, buyback and other agreements terminating complex coverage disputes. We have also convened and brought to successful conclusion multiparty negotiations involving government and private claimants, multiple carriers and insureds.

Members of our insurance team frequently advise business clients regarding their risk management practices and insurance programs. We routinely provide “insurance audits,” working closely with policyholders and their insurance brokers to ensure that clients have in place complete packages of insurance to protect against the risks they face. We also provide advice to corporations, banks and other business entities on insurance issues as they relate to these and other matters:

  • Mergers & Acquisitions
  • Regulatory & Corporate Issues
  • Receivership
  • Initial Public Offerings
  • Federal & State Securities

We regularly speak and write on a national level for industry organizations including the American Bar Association, RIMS, the Federation of Defense and Corporate Counsel, the Association of Corporate Counsel, Mealey’s and PLI. We also frequently present client seminars and webinars regarding cutting-edge insurance issues.

CONTACTS

L. D. Simmons II Partner T: +1 704 343 2062
J. Mark Lawless Partner T: +1 512 617 4503
Results 1-12 of 12
Representative Matter

Petrochemical companies

Represent major oil company seeking to recover from its liability insurers tens of millions in defense costs and settlements related to numerous underlying MTBE-related product liability claims
Representative Matter

Petroleum storage and distribution company

Represent one of the nation's largest operators of petroleum product terminals recovering in excess of $29 million from its property insurers for damage resulting from Hurricane Ike. Settled prior to trial.
Representative Matter

Global paper and packaging company

Represented a paper mill in negotiating coverage-in-place agreement with its liability insurer related to asbestos-related liabilities. Later negotiated settlement with liability insurer after insurer was placed into receivership. Case settled before trial in original coverage suit; later claim settled without litigation.
Representative Matter

Diversified financial services company and regional bank

Represented a diversified financial services company and regional bank in its claim for D&O insurance coverage, and the fidelity claim that the bank submitted under a financial institution bond for losses related to 70 loans that the bank made, totaling in excess of $14 million, to borrowers who purchased lots in a real estate development that turned out to be a fraudulent scheme perpetrated by the developers and the closing attorney representing the bank.
Representative Matter

Party goods retailer

Represented a retail business in recovering in excess of $5 million from its property insurer for property damage and business interruption losses resulting from Hurricane Ike. Settled without litigation
Representative Matter

Real estate partnerships

Represent two office warehouses seeking to recovery from their property insurer more than $15 million in losses resulting from Hurricane Ike. Settled prior to trial.
Representative Matter

Asbestos and silica trust

Represent post-bankruptcy trust seeking to recover in excess of $500 million in asbestos- and silica-related liabilities from its liability insurers. Have obtained favorable trial court rulings on trigger of coverage, fortuity and exhaustion. Settled prior to trial.
Representative Matter

One of the largest financial services companies in the US

Represented one of the largest financial services companies in the U.S. in litigation in federal court regarding mortgage insurance coverage for loans made by the bank and arising from borrower defaults on residential loans.
Representative Matter

Fortune 100 financial institution

Represented a national bank in a lawsuit in North Carolina state court seeking coverage under lien protection insurance policies and certificates issued to the bank relating to 1.3 million insured home equity loans made by the bank between 2003 and 2007.
Representative Matter

Automobile industry supplier

Representation of a automobile industry supplier in litigation in federal court in Missouri against its liability insurers regarding payment of retrospective premiums and collateral in connection with multiple workers compensation, automobile liability and general liability insurance contracts in place over a ten-year period.
Case Study

McGuireWoods insurance lawyers help overturn ‘pro-insurer’ 5th U.S. Circuit Decision

Austin lawyers Mark Lawless and Pam Hopper recently co-authored an amicus curiae brief filed in an important insurance case pending in the 5th U.S. Circuit Court of Appeals. On June 15, 2012, the 5th Circuit issued a pro-insurer decision in Ewing Construction Co., Inc. v. Amerisure Ins. Co., No. 11-40512, holding that the contractual liability exclusion in a construction contractor's CGL policy eliminates the insurer's duty to defend if the contractor assumes liabilities in a construction contract – in this case, liabilities for alleged faulty construction of tennis courts.
Representative Matter

North American packaged foods company

Representation of a North American packaged foods company in a four-day trial in Delaware state court. The case sought insurance coverage for the indemnity payments and defense costs client incurred as a result of a recall.
Results 1-12 of 12
Stephen David Allred Stephen David Allred
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2214
F: +1 704 444 8702
vCard
Leo J M Boyd Leo J. M. Boyd
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1066
F: +1 804 698 2025
vCard
Joshua D Davey Joshua D. Davey
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2167
F: +1 704 805 5019
vCard
Kathleen H Dooley Kathleen H. Dooley
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2347
F: +1 704 444 8755
vCard
Ann Terrell Dorsett Ann Terrell Dorsett
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2212
F: +1 704 444 8733
vCard
Jason D Evans Jason D. Evans
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2050
F: +1 704 444 8774
vCard
Thomas M Farrell Thomas M. Farrell
Partner
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 713 353 6677
F: +1 832 214 9933
vCard
Matthew D Fender Matthew D. Fender
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1076
F: +1 804 698 2209
vCard
Adam Greaves Adam Greaves
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1649
F: +44 20 7632 1638
vCard
Pamella A Hopper Pamella A. Hopper
Senior Counsel
816 Congress Avenue
Suite 940
Austin, TX 78701-2442

T: +1 512 617 4504
F: +1 512 472 3068
vCard
J. Mark Lawless J. Mark Lawless
Partner
816 Congress Avenue
Suite 940
Austin, TX 78701-2442

T: +1 512 617 4503
F: +1 512 472 3068
vCard
Eugene E Mathews III Eugene E. Mathews III
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1313
F: +1 804 698 2108
vCard
Claire A Modlin Claire A. Modlin
Counsel
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6605
F: +1 919 755 6564
vCard
Matthew J Morrison Matthew J. Morrison
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 353 6232
F: +1 704 353 6159
vCard
Hardeep S Nahal Hardeep S. Nahal
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1680
F: +44 20 7632 1638
vCard
H. Carter Redd H. Carter Redd
Of Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1155
F: +1 804 698 2144
vCard
Melissa Wolf Riley Melissa Wolf Riley
Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2598
F: +1 434 980 2275
vCard
Gilbert E Schill Jr. Gilbert E. Schill Jr.
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4345
F: +1 804 698 2166
vCard
Peter E Schurig Peter E. Schurig
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4746
F: +1 804 698 2276
vCard
L. D Simmons II L. D. Simmons II
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2062
F: +1 704 444 8773
vCard
Alexander H Slaughter Alexander H. Slaughter
Retired Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4346
F: +1 804 698 2174
vCard
Paul K Stockman Paul K. Stockman
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7945
F: +1 412 667 7975
vCard
Brian P Troutman Brian P. Troutman
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2263
F: +1 704 353 6177
vCard
Undray Wilks Undray Wilks
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 3584
F: +1 312 920 6197
vCard
Results 1-4 of 4
Speaking Engagement

9th Annual State Bar of Texas Advanced Insurance Law Course

Duty to Reimburse Defense Costs

April 12, 2012
Results 1-4 of 4
Results 1-20 of 47
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Article

Business Interruption and Extra Expense Insurance Coverage for Superstorm Sandy Losses

FC&S Legal: The Insurance Coverage Law Information Center
March 28, 2013
Legal Alert

Is Negligence Still Insurable in Virginia?

AES Corp. v. Steadfast Insurance Co.

April 30, 2012
Legal Alert

Supply Chain Disruptions

Check Your Commercial Property Insurance Policies

March 17, 2011
Results 1-20 of 47