Insurance Recovery
Insurance Recovery
From evaluating potential claims to pursuing coverage litigation, insurance recovery issues affect companies and individuals of all sizes and disciplines.

Our team has one objective—to successfully maximize each client’s bottom line by striving for consistent and effective resolution of claims every time.  With a national footprint, the Insurance Recovery practice group at Kelley Drye represents individuals and companies across industries, including construction, energy, manufacturing, real estate development, transportation and entertainment.

We handle insurance claims arising under a broad range of policies, including general liability, first-party property, pollution, business interruption, builders’ risk, directors’ and officers’ liability, fiduciary liability, employment practices, commercial crime (employee dishonesty), motion picture/television production, and entertainment errors and omissions policies.  We assist clients in responding to communications from insurers to assert their rights to defense and coverage.  We also develop sophisticated risk transfer strategies involving contractual indemnity and additional insured agreements.

In addition to helping clients when they are in the recovery phase, we also provide comprehensive counseling throughout the life cycle of their business.  This includes guiding clients in the purchase and renewal of coverage, drafting policy language, vigorous negotiating with insurers, in-depth evaluation of insurance implication of corporate mergers, development of sophisticated risk transfer strategies and demonstrated success in dispute resolution prior to trial.  And when pre-suit resolution is not attainable, we litigate aggressively and successfully.
 

  • A major motion picture studio in obtaining a ruling from the Ninth Circuit affirming a 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 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.

  • More than 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.

  • A Fortune 100 company in a series of international arbitrations seeking coverage for an employment discrimination class action lawsuit.

  • A major motion picture studio, securing summary judgment on a 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 petrochemical 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.

  • A plant services company in obtaining a defense and coverage from multiple insurers for a toxic tort suit in Alabama involving 55 plaintiffs alleging exposure to mercury at a chemical manufacturing facility over a nine-year period.

  • A construction trade contractor, in obtaining coverage under a CCIP for an eight-figure adverse judgment arising out of an industrial accident after the carriers failed to reserve rights and failed to disclose a conflict of interest. 

  • A national construction company in obtaining coverage for a secondary take-home asbestos exposure claim pending in Missouri state court involving insurance archeology, as to lost and missing policies between 1950 and 1970.

  • A national construction contractor in securing authority from multiple carriers under a CCIP to settle a wrongful death claim six weeks before trial in Las Vegas, Nevada.
 
 

Overview

From evaluating potential claims to pursuing coverage litigation, insurance recovery issues affect companies and individuals of all sizes and disciplines.

Our team has one objective—to successfully maximize each client’s bottom line by striving for consistent and effective resolution of claims every time.  With a national footprint, the Insurance Recovery practice group at Kelley Drye represents individuals and companies across industries, including construction, energy, manufacturing, real estate development, transportation and entertainment.

We handle insurance claims arising under a broad range of policies, including general liability, first-party property, pollution, business interruption, builders’ risk, directors’ and officers’ liability, fiduciary liability, employment practices, commercial crime (employee dishonesty), motion picture/television production, and entertainment errors and omissions policies.  We assist clients in responding to communications from insurers to assert their rights to defense and coverage.  We also develop sophisticated risk transfer strategies involving contractual indemnity and additional insured agreements.

In addition to helping clients when they are in the recovery phase, we also provide comprehensive counseling throughout the life cycle of their business.  This includes guiding clients in the purchase and renewal of coverage, drafting policy language, vigorous negotiating with insurers, in-depth evaluation of insurance implication of corporate mergers, development of sophisticated risk transfer strategies and demonstrated success in dispute resolution prior to trial.  And when pre-suit resolution is not attainable, we litigate aggressively and successfully.
 

Experience

  • A major motion picture studio in obtaining a ruling from the Ninth Circuit affirming a 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 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.

  • More than 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.

  • A Fortune 100 company in a series of international arbitrations seeking coverage for an employment discrimination class action lawsuit.

  • A major motion picture studio, securing summary judgment on a 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 petrochemical 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.

  • A plant services company in obtaining a defense and coverage from multiple insurers for a toxic tort suit in Alabama involving 55 plaintiffs alleging exposure to mercury at a chemical manufacturing facility over a nine-year period.

  • A construction trade contractor, in obtaining coverage under a CCIP for an eight-figure adverse judgment arising out of an industrial accident after the carriers failed to reserve rights and failed to disclose a conflict of interest. 

  • A national construction company in obtaining coverage for a secondary take-home asbestos exposure claim pending in Missouri state court involving insurance archeology, as to lost and missing policies between 1950 and 1970.

  • A national construction contractor in securing authority from multiple carriers under a CCIP to settle a wrongful death claim six weeks before trial in Las Vegas, Nevada.
Partner
Email (310) 712-6120(310) 712-6120
Michael O’Connor chairs the firm’s Insurance Recovery group.  In his fourth decade of practice as a commercial litigator and trial lawyer, Michael has successfully prosecuted and ...
Partner
Email (713) 355- 5028(713) 355- 5028
John Hagan, co-chair of the firms Insurance Recovery group, offers a broad-based commercial and business litigation practice that is focused on handling insurance coverage and recovery matter...
Partner
Email (310) 712-6117(310) 712-6117
Sarah Cronin’s practice includes entertainment, intellectual property, insurance recovery and complex business litigation.  Sarah represents and advises media and entertainment companies...
Partner
Email (212) 808-7817(212) 808-7817
Bill Heck is involved in complex corporate litigation, including mass disasters and toxic torts.  Bill represents major corporations involved in sophisticated commercial litigation, such as d...
Partner
Email (212) 808-7775(212) 808-7775
Tom Kinzler is a partner in the firm’s New York office.  He focuses his practice on complex commercial litigation, securities law and arbitration matters. Tom has also led the litigatio...
Partner
Email (312) 857-7238(312) 857-7238
Randy Lehner guides his clients through the process of identifying and defending claims of misrepresentation, mismanagement and/or fraud. He conducts internal investigations that determine re...
Partner
Email (312) 857-2623(312) 857-2623
Matthew Luzadder focuses his practice on white-collar crime and internal investigations, commercial litigation and labor and employment law matters. Matt’s clients include national and ...
Partner
Email (212) 808-7965(212) 808-7965
Rob Steiner is the managing partner of Kelley Drye’s New York office. A proven litigator and trial attorney with two decades of experience in complex business litigation, Rob has handle...
Partner
Email (310) 712-6110(310) 712-6110
With more than four decades of practice as a trial lawyer, Andrew White has won jury and nonjury trials in a wide array of complicated, high-stakes business disputes.  Notably, the general co...
Special Counsel
Email (202) 342-8649(202) 342-8649
Cameron Argetsinger focuses his practice on insurance recovery litigation.  Cameron has represented corporate policyholders in a broad range of insurance coverage disputes, including claims re...
Special Counsel
Email (713) 355-5017(713) 355-5017
Melanie McDonald’s practice includes civil and complex business and commercial litigation, including insurance coverage disputes, multiparty environmental disputes, and the defense of person...
Senior Associate
Email (310) 712-6169(310) 712-6169
Ken Kronstadt is a senior associate in the firm’s Los Angeles office. Ken is a member of the firm’s insurance recovery group, and represents policyholders in insurance coverage and bad...
Associate
Email (202) 342-8415(202) 342-8415
Mindy Pava is an associate in the firm’s Washington D.C. office. Her practice focuses on general litigation, with a particular emphasis on consumer class action defense, commercial litigation...

Contact Information

Michael J. O'Connor
Practice Co-Chair
(310) 712-6120
moconnor@kelleydrye.com

John L. Hagan
Practice Co-Chair
(713) 355-5028
jhagan@kelleydrye.com

Events

Apr
20
2017
| Speaking Engagement
Dec
3
2014
Las Vegas, NV | Speaking Engagement
Apr
23
2012