Kelley Drye's Insurance Recovery practice group advises both businesses and individuals in securing coverage and resolving coverage claims with insurance providers. The practice group exclusively represents corporate and individual policyholders and is focused on providing cost-effective and creative ways to resolve disputes and secure the proceeds to which policyholders are entitled.
Led by John Heintz, regularly named a top insurance lawyer by Chambers USA, members of the team have worked at the forefront of nearly every major insurance coverage dispute over the last thirty years and have secured billions of dollars in insurance coverage for their clients by employing creative and ever-evolving strategies and techniques in litigation, alternate dispute resolution (ADR), and settlement.
Kelley Drye's Insurance Recovery practice group:
- Resolves a vast range of insurance coverage claims for its clients, including first-party property and business interruption losses, Directors’ and Officers’ (D&O) liability, professional errors and omissions liability, mass tort, environmental, employment, and products liability, data loss, privacy and advertising injury liability, and residual value losses.
- Represents class action claimants in path breaking litigation with respect to customs surety bonds.
- Represents clients in multi-party insurance disputes in federal and state courts and ADR proceedings across the country.
- Counsels corporate and individual policyholders in securing insurance coverage.
- Advises corporate clients on insurance issues arising out of mergers, acquisitions and other corporate transactions.
- Develops solutions to complex claims confronting its clients, including those related to environmental hazards, acts of terrorism, and weather-related damage.
- Represented a large vehicle leasing and finance company (the largest in the Southeastern United States) in a six-week arbitration trial that involved a complex “residual value” insurance policy and resulted in a nine-figure post-trial settlement – one of the largest known settlements of its kind.
- Represented a Section 524(g) debtor in winning a reversal in the United States Court of Appeals for the Third Circuit of a no-coverage award issued by an arbitration panel in a critical cutting-edge coverage dispute. This successful appeal led to an almost half-billion dollar settlement with the insurer.
- Representing one of the largest petro-chemical companies in the world with respect to insurance coverage for lead pigment claims.
- Represented a national franchisor of financial services in its negotiations with insurance carriers, successfully securing coverage for privacy-related class actions.
- Represented a national food service franchisor over insurance and indemnification issues in its relationships with franchisees.
- Represented various national companies regarding privacy-related and data security claims, including securing insurance coverage for the defense and indemnity of those claims.
- Represented large corporate property owners in coverage disputes arising from damage caused to their properties at Ground Zero on 9/11 and obtained settlements valued at several hundred million dollars.
- Counseled business owners and homeowners in coverage disputes arising from property damage caused by Hurricanes Rita and Katrina.
- Secured D&O coverage on behalf of a high-level corporate officer who was a defendant in shareholder class action litigation and a federal government prosecution.
- Counseled an airplane manufacturer in successfully securing insurance coverage for third-party claims arising from allegedly defective airplane parts.
- Represented, in both an arbitration proceeding and in a state court action, a group of mass-tort defendants with respect to insurance coverage for unfunded joint and several tort settlements (so-called “Shortfall Litigation”) resulting in the recovery of several hundred million dollars.
- Served as co-lead counsel in a nationwide series of state-based class actions against title insurers arising from alleged premium overcharges.
- Represented the future claimants representative in a vigorously contested and complex Section 524(g) bankruptcy proceeding in which insurance was one of the Debtor’s most significant assets; secured several hundred millions of dollars in insurance coverage through a combination of mediation, settlement, and litigation efforts.
- Represented a nationally known auto parts manufacturer with respect to a variety of asbestos-related coverage issues, including insurance issues arising from its pending bankruptcy proceeding.
- ACandS, Inc. v. Travelers Casualty and Surety Company, 435 F.3d 252 (3d Cir. 2006)
- Shook & Fletcher Asbestos Settlement Trust v. Safety National Casualty Corp., 79 Fed. App'x 238 (8th Cir. 2003)
- American Motorists Ins. Co. v. GTE Corp., 30 Fed. Appx. 15 (2d Cir. 2002)
- Texaco A/S v. Commercial Insurance Co. of Newark, NJ, 160 F.3d 124 (2d Cir. 1998)
- Pittston Company Ultramar America Ltd. v. Allianz Insurance Co., 124 F.3d 508 (3d Cir. 1997)
- Schlumberger Industries, Inc. v. National Surety Corp., 36 F.3d 1274 (4th Cir. 1994)
- J T Thorpe Co. v. American Motorists, 2003 WL 23323005 (S.D. Tex. 2003)
- World Omni Fin. Corp. v. ACE Capital Re, Inc., No. 02 Civ. 0476, 2002 WL 31016669 (S.D.N.Y. Sept. 10, 2002), vacated in part, 64 Fed. App'x 809 (2d Cir. May 2, 2003)
- Minnesota Mining and Manufacturing Co. v. Travelers Indemnity Co., 457 N.W.2d 75 (Minn. 1990)
- Armstrong World Indus., Inc. v. Aetna Casualty & Surety Co., 45 Ca.App.4th 1 (Ct. App. 1st Dist. 1996)
For further information about Kelley Drye's Insurance Recovery practice group, please contact:
John E. Heintz
(202) 342-8412
jheintz@kelleydrye.com
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