Kelley Drye represents exclusively policyholders in coverage disputes. Our clients include companies (large, medium, and small), individuals, and trade associations. We have extensive experience is all phases of policyholder representation, including counseling in the purchase and renewal of coverage, evaluating the insurance implications of corporate mergers and acquisitions, analyzing potential claims, and negotiating consensual resolutions with insurers whenever possible.
When pre-suit resolution is not attainable, we litigate aggressively, using our thoughtful and uncompromising approach to business litigation. Unlike some policyholder practices, our attorneys have extensive experience trying, and winning, high-stakes insurance coverage and bad faith cases in front of juries. As just one example, our team won a $23 million bad faith verdict on behalf of a national hotel chain, one of the largest bad faith verdicts in California history.
Our lawyers have decades of experience handling claims under conventional Comprehensive General Liability, Directors & Officers' First Party Property, Pollution, Business Interruption, Builders' Risk, Employment Practices, Motion Picture/Television Production, and Entertainment Errors & Omissions, policies. In addition, we have developed niche specialties handling Construction Defect, Tour Cancellation, and Media Liability insurance coverage claims.
Our attorneys regularly speak and write on insurance issues and are recognized as leaders in the field. For example, we recently authored special chapter on Media Liability insurance for the multi-volume treatise on California insurance law, published by Matthew Bender & Company, and for the forthcoming treatise on insurance law with national application, New Appleman on Insurance Law Library Edition.
Representative ExperienceAs just a few examples of the breadth of our experience handling insurance recovery matters, attorneys in our group have represented, or are currently representing:
- One of the world's largest financial institutions in a jury trial in the Southern District of New York to recover over $1 billion from insurance companies that guaranteed structured finance transactions involving Enron.
- A major motion picture studio in obtaining a ruling from the Ninth Circuit affirming a multi-million dollar judgment against an insurance carrier for failure to defend a lawsuit brought by a world-famous director alleging intentional interference with prospective economic advantage, intentional interference with contract, and slander of title.
- The nation's largest telecommunications provider in the trial court, the Second Circuit, and the U.S. Supreme Court, successfully litigating insurance coverage for a products liability lawsuit involving insurance issues of first impression.
- A five-time Grammy-award winning female vocalist, a six-time Grammy-award winning male vocalist, and one of the top-selling female artists of the 21st century, in successfully securing millions of dollars in tour cancellation insurance recoveries.
- A major food and juice company in insurance coverage litigation in Massachusetts federal court and the First Circuit seeking coverage for a consumer class action, and for a competitor's suit alleging false advertising under Section 43(a) of the Lanham Act, under general liability, media liability, and D&O policies.
- Over 100 domestic producers in the honey, garlic, mushroom, and crawfish industries before the U.S. Court of International Trade and the federal circuit seeking to enforce Surety bonds securing antidumping duties.
- One of the nation's top-ten commercial construction companies in coverage disputes nationwide, securing tens of millions of dollars in settlements.
- A Fortune 100 company in a series of international arbitrations seeking coverage for an employment discrimination class action lawsuit, recovering more than $40 million.
- A major motion picture studio, securing summary judgment on a multi-million-dollar claim for bad faith denial of insurance coverage arising from an underlying claim of copyright infringement.
- A Houston-based insulation and refractory contractor in a Texas state court insurance coverage action, and in a bankruptcy proceeding, that permanently resolved over 25 years of asbestos bodily injury litigation.
- A major oil company and its related companies before California state courts in one of the largest environmental insurance coverage actions in history, and in extensive California coverage litigation involving asbestos and other toxic torts.
- An asbestos insulation contractor in obtaining district court rulings of first impression regarding insurer broker malpractice in connection with a broker's failure to secure complete coverage for massive asbestos liabilities.
- One of the largest petro-chemical companies in the world with respect to insurance coverage for lead pigment claims, including an underlying verdict (which was set aside on appeal) presenting over $1 billion in exposure.
- Various national companies regarding privacy-related and data security claims, including securing insurance coverage for the defense and indemnity of those claims.
- Business owners and homeowners suffering property damage caused by Hurricanes Rita and Katrina.