Insurance Recovery

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 $1 billion 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.

Results 1-18 of 18
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

Warehouses in recovery

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 an 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.
Representative Matter

Secured reversal of key lower court ruling in recouping cleanup costs

Asarco, LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). McGuireWoods obtained reversal of summary judgment in a case apportioning environmental liability under CERCLA.  This major victory re-opened the door for Asarco to seek contribution in numerous other cases as well because it rejected judicial estoppel of such claims based on Asarco’s bankruptcy proceedings.
Representative Matter

Served as local counsel for Plantation Pipe Line Co.

Served as local counsel for Plantation Pipe Line Co. in an appeals case with the Texas Supreme Court. The Court refused to hear an appeal of a lower-court ruling which held that Plantation Pipe Line Co. did not forfeit coverage under an excess insurance policy when it settled claims with primary insurers over a 1975 oil leak in North Carolina. The high court’s refusal to take the case upholds Plantation’s 2014 victory in the Court of Appeals for the 11th District of Texas, a decision which bucked a national trend favoring insurance carriers on this issue.
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

Client

Our client brought Virginia Fraud Against Taxpayers Act, fraudulent-inducement and breach-of-contract claims against several insurance companies in connection with a major university’s student health insurance plan. McGuireWoods negotiated favorable settlements for our client.
Representative Matter

Building owner

Obtained a full defense verdict in favor of firm client after a two-week jury trial involving subrogation claims of $6.1 million in North Carolina Eastern District Court, Vance County, N.C.
Representative Matter

Tractor-trailer company

Defense of tractor-trailer company and driver against allegations of negligence in interstate collision. Plaintiff was ejected at highway speeds when her vehicle rolled after evading defendant’s tractor trailer which she alleged improperly changed lanes. Tried case to jury and forced plaintiff to nonsuit after court instructed jury regarding her failure to use a seat belt.
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.
Representative Matter

Insurance company

Defense of an insurance company and its insured against claims that our client had caused a head-on interstate collision by traveling down interstate going the wrong way. Both drivers died in the collision. Despite four eye witnesses' testimony, we were able to convince the jury that our client was right-way driver and plaintiff was wrong-way driver and caused the accident, killing himself and our client. The jury returned a defense verdict on plaintiff’s claim and awarded defendant $1 million on wrongful death counterclaim after three-day trial.
Representative Matter

One of the largest insurers in the world

Representation of one of the largest insurers in the world in the defense of a temporary staffing nurse against claim that she failed to follow protocol and standard of post-op care by alerting physician to patient’s complaints following brain surgery. Partial blindness resulted. After picking a jury and successfully arguing a Daubert motion to exclude plaintiff’s expert, the case was resolved.
Results 1-18 of 18
Ali Syed Syed D. Ali
Counsel
Tower Two-Sixty
260 Forbes Avenue
Suite 1800
Pittsburgh, PA 15222-3142

T: +1 412 667 6030
F: +1 412 402 4190
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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
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Alec Covington Alec Covington
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2349
F: +1 704 444 8831
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Joshua D Davey Joshua D. Davey
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2167
F: +1 704 805 5019
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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
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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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1076
F: +1 804 698 2209
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Anita Foss Anita M. Foss
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2338
F: +1 704 343 2300
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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
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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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 804 775 1313
F: +1 804 698 2108
vCard
T. Richmond McPherson III T. Richmond McPherson III
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2038
F: +1 704 444 8783
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
Scott C Oostdyk Scott C. Oostdyk
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4743
F: +1 804 698 2133
vCard
Lowndes Christopher Quinlan Lowndes Christopher Quinlan
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2280
F: +1 704 444 8767
vCard
H. Carter Redd H. Carter Redd
Senior Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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.
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4345
F: +1 804 698 2166
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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4346
F: +1 804 698 2174
vCard
Paul K Stockman Paul K. Stockman
Partner
Tower Two-Sixty
260 Forbes Avenue
Suite 1800
Pittsburgh, PA 15222-3142

T: +1 412 667 7945
F: +1 412 667 7975
vCard
Results 1-15 of 15
Event

Maximizing the Value of Your Reps and Warranties Insurance

June 13, 2017
Complimentary Webinar
Speaking Engagement

2015 Insurance Law Section Annual Meeting

April 17, 2015
Cary, NC
Event

12th Annual Nonprofit Seminar - Charities: More Change on the Horizon?

September - October 2014
Charlottesville, VA
Event

Deal Buzz Series

April 8, 2014
Charlotte, NC
Event

Community Bank Cyber-Law Forum

November 14, 2013
Charlotte, NC
Speaking Engagement

Atlanta Real Estate Risk Managers Association

May 28, 2013
Results 1-15 of 15
Results 1-20 of 93
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Legal Alert

Hurricane Irma – Commercial Property Damage and Business Interruption Insurance Checklist

McGuireWoods Insurance Recovery Blog
September 22, 2017
Article

Find the Right Cyber Insurance Policy

Today’s General Counsel
August/September Edition, 2017
Legal Alert

Maximizing the Value of Your R&W Insurance Policy

McGuireWoods Insurance Recovery Blog
May 18, 2017
Legal Alert

The WannaCry Cyberattack: Take Steps Now

May 15, 2017
Legal Alert

The WannaCry Cyberattack: Steps Businesses Must Take Now

Password Protected
May 15, 2017
Legal Alert

Reps & Warranties Insurance In M&A Deals – Getting the Deal Done

Insurance Recovery Blog
March 6, 2017
Legal Alert

Law School Wins First Round in Fight Under EPLI Policy

Insurance Recovery Blog
February 3, 2017
Legal Alert

Four Questions to Ask Before Renewing Your Policy

Insurance Recovery Blog
January 23, 2017
Legal Alert

Eleventh Circuit: Insurer Not Required to Reimburse Pre-Tender Defense Costs

Insurance Recovery Blog
January 12, 2017
Legal Alert

Avoiding the Minefields of Claims-Made Insurance Coverage

Insurance Recovery Blog
January 3, 2017
Legal Alert

D&O Insurance: Five Things Your Company’s Policy Might Cover Which Could Surprise You

McGuireWoods Insurance Recovery Blog
September 28, 2016
Legal Alert

Best Practices for Getting Notice Right

Insurance Recovery Blog
August 23, 2016
Results 1-20 of 93