Experienced Coverage Counsel. Experienced Defense Counsel. Value-Driven Rates. The attorneys on Bradley Arant Boult Cummings’ Policyholder Insurance Coverage Practice Team bring unique value to policyholder clients in all three areas.
Experienced Coverage Counsel. Experienced Defense Counsel. Value-Driven Rates. The attorneys on Bradley Arant Boult Cummings’ Policyholder Insurance Coverage Practice Team bring unique value to policyholder clients in all three areas.
EXPERIENCED COVERAGE COUNSEL
Drawing upon decades of experience, team attorneys provide corporate and individual policyholders with sophisticated representation in insurance matters. We have recovered hundreds of millions of dollars of insurance proceeds for our clients for all types of liabilities, including mass tort (such as asbestos and pharmaceutical liabilities), property loss, health care, and D&O and E&O. Our experience encompasses numerous types of insurance policies, including commercial general liability and products liability, directors and officers and errors and omissions, crime and fidelity, property, healthcare, and London-and Bermuda-based excess policies. We litigate and arbitrate in numerous jurisdictions, including both the United States and London. Team attorneys align our strategy for each coverage matter with the client’s business objective and focus on efficiently maximizing the value of each client’s insurance portfolio.
EXPERIENCED DEFENSE COUNSEL
BABC’s representation of clients in most major industries in products, torts, environmental, pharmaceutical and other civil as well as criminal matters provides an important advantage in coverage matters. Because firm attorneys defend clients against many of the liabilities that lead to coverage disputes, we thoroughly understand the context framing the insurance issues. This substantive knowledge and industry familiarity produces efficiencies in representation unmatched by firms that do not defend clients in the underlying litigation. When addressing the issues in a coverage case involving environmental liability, for example, the firm’s coverage team benefits from the experience of firm attorneys who have devoted their careers to the intricacies of environmental law. Firm attorneys routinely represent clients in underlying environmental-related disputes, including those involving benzene, EIFS, PCBs, toxic mold, and underground storage tanks. If the policyholder is facing unchartered waters in an emerging area of coverage litigation, the coverage team draws upon the experience of other firm attorneys who represent clients in these very matters. Firm attorneys represent clients in virtually every other area for which clients seek coverage, including asbestos, construction, D&O and E&O, health care, many types of products liabilities, pharmaceuticals, and welding fumes. This critical substantive experience informs every effort of the coverage team.
VALUE-DRIVEN RATES
Clients enjoy the benefit of experienced and successful national coverage counsel without the costs often associated
with national level representation. Firm attorneys instead provide national firm representation at regional firm rates. As a result, the firm’s coverage services are billed at rates often substantially below the rates of other law firms with policyholder practices. Clients recognize that the firm provides value. One client recently commented to a researcher at Chambers USA that he “applauds the firm’s New York quality at Alabama prices.” Because the firm is based in less expensive geographic areas, clients obtain the same quality and depth of experience but at significantly lower rates than are available from a number of other policyholder firms based in larger, more expensive markets.
The firm stands behind its commitment to value. In 2008, the firm became a founding participant in the Association of Corporate Counsel Value Challenge. The firm strongly supports this effort by law firms, law departments, and other legal community leaders and service providers to:
• reconnect the cost of legal services to the value provided
• assure better and more efficient relationships
• improve client service
• focus on steps that increase value for clients.
KEY AREAS OF DISPUTE RESOLUTION EXPERIENCE
The practice team has recovered insurance proceeds for numerous types of liabilities, including:
• asbestos
• advertising injury
• business interruption and property loss
• construction defects
• directors and officers and errors and omissions
• employment practices
• environmental
• intellectual property
• managed care and other health-related liabilities
• pharmaceuticals
• welding fumes
Asbestos
Team attorneys have represented major manufacturers and transportation companies in disputes seeking insurance coverage for asbestos and other long-tail liabilities. A team attorney recently represented General Motors Corporation in its dispute with its insurance companies over coverage for GM’s historical asbestos and environmental liabilities and successfully settled the dispute. Another team attorney represented Armstrong World Industries in a multi-billion dollar case seeking insurance coverage for personal injury and property damage claims asserted by asbestos manufacturers against most major domestic and foreign carriers. Armstrong ultimately recovered more than $740 million in coverage for its asbestos-related liabilities.
Advertising Injury
Firm attorneys represent Oreck Corporation in connection with its claims for indemnity and defense costs arising from multiple litigations with competitor Dyson in the Eastern District of Louisiana. We have obtained defense funding for Dyson and we are presently representing Oreck in negotiations as to the indemnity aspects of this dispute.
Business Interruption and Property Loss
Team attorneys frequently litigate complex first-party claims. We represent clients in high profile and landmark litigation, and litigate claims for property loss and lost profits in trial and appellate courts, as well as in appraisal proceedings, nationwide. We similarly assist with the adjustment of numerous first-party coverage claims. Team attorneys obtained a substantial recovery for business interruption losses on behalf of a major corporation forced to discontinue operations in portions of a deep shaft coal mine.
Construction Defects
Construction defect disputes generate complex issues due to the number of parties and types of insurance coverage involved. Team attorneys draw upon our combined specialized expertise in both construction and insurance coverage to address the many unique aspects of construction defect claims.
Directors and Officers and Errors and Omissions
Team attorneys provide coverage advice for the growing number of securities, employment, and fraud claims facing directors and officers at publicly-traded companies. We represent D&O clients in coverage litigation in state and federal courts and in arbitrations nationwide. Members of the practice obtained defense costs for Education Networks of America, Inc. from its D&O insurer for an obstruction of justice case.
Employment Practices
The firm represents clients in coverage disputes related to liability coverage for employment related claims, such as harassment, discrimination, and wrongful termination. Team attorneys assisted a client in favorably resolving a complex “notice” dispute arising out of an underlying workplace discrimination claim. With its established Labor and Employment practice, the firm is well-positioned to understand these unique and often sensitive claims.
Environmental
Team attorneys routinely represent clients in complex environmental and toxic tort coverage litigation. We are particularly adept in negotiating and drafting complex structured settlements and coverage-in-place agreements. Attorneys in the firm represented a large gas and oil production company in a well known case in connection with claims for remediation expenses related to the Copper Hill mining site in southeast Tennessee.
Intellectual Property
The firm regularly represents clients in coverage issues involving intellectual property. Attorneys in the group represented a hospitality company in coverage litigation over defense costs for a $14 million trademark infringement action. The firm also handled the underlying trademark infringement action and obtained a jury verdict for the client.
Managed Care and Other Health-Related Liabilities
With a dedicated health care practice of nearly 30 attorneys, the firm is well versed in all major health care issues. Team attorneys are similarly well versed in health insurance coverage issues. A member of the practice group has served as Special Insurance Coverage Counsel for a number of health care companies in bankruptcy and also has represented health care companies in reinsurance disputes over health care claims.
Pharmaceuticals
Attorneys on the coverage team represent clients in coverage disputes arising out of product defect claims, particularly claims involving drugs arising in class actions and mass tort suits. A team attorney has represented Upjohn, and it successors, Pharmacia and Pfizer, for decades in coverage matters for thousands of claims related to alleged injuries from the use of various drugs.
Welding Fumes
A team attorney represented both a trade manufacturing association and an individual corporate policyholder in a dispute seeking coverage for welding liabilities and obtained a precedent setting ruling upholding coverage for welding liability claims. A team attorney advises other clients on managing their coverage claims for welding-related liabilities.
INSURANCE COUNSELING SERVICES
Attorneys on the Policyholder Coverage Practice Team provide insurance counseling services for clients, including the following:
Insurance Policy Audits and Terms and Conditions Advice
Team attorneys audit existing policies and recommend improvements to policy terms and conditions; this process is particularly valuable to clients negotiating D&O and E&O coverage but is also useful to clients negotiating other manuscript policies. Team attorneys have provided this advice to Fortune 100 retailers and manufacturers.
Claims Reporting
Team attorneys assist clients with their claims notification processes and draft notice letters, institute insurer notification procedures, monitor and respond to insurance company information requests, and otherwise assist with claims reporting processes.
Claims Dispute Analysis
When notified of an insurer’s claim denial or reservation of rights, team attorneys efficiently analyze the relevant policies and claims to advise the client on the prospects of obtaining coverage. We examine the relevant facts, the policy language, and the applicable insurance law and provide recommendations on whether and how to best pursue recovery for the disputed claim.
Transactional Due Diligence
Team attorneys assist companies participating in transactions by analyzing available coverage and advising on methods to structure the transaction to best effectuate the parties’ intended disposition of insurance rights and proceeds.
Insolvent Insurer Recoveries
Team attorneys are experienced in recovering insurance proceeds from insolvent or failing insurance companies, including Resolute Management Services, Ltd. (formerly Equitas) and London Market companies. We track companies in runoff and advise on strategy for maximizing the value of insurance sold by insurers in runoff or financial difficulty.
Insurance Archeology
Team attorneys assist clients to locate missing policies and to reconstruct decades-old insurance programs. These missing policies are often extremely valuable financial resources to companies; team attorneys are familiar with the most successful methods for recovering such missing or lost policies and have discovered valuable and often unknown insurance coverage for clients.