Insurance Recovery and Counseling
Insurance Recovery and Counseling
The Kelley Drye Insurance Recovery and Counseling Practice provides cost-effective and creative ways to manage risk, resolve disputes and secure the insurance proceeds to which policyholders are entitled.
From evaluating potential claims to pursuing coverage litigation, insurance recovery issues affect many aspects of our clients’ business operations.  With a national footprint, the Insurance Recovery practice group at Kelley Drye represents individuals and companies across many industries, including construction, energy, manufacturing, real estate development and transportation.

We provide comprehensive counseling throughout the life cycle of a client’s business.  This includes guiding clients in the purchase and renewal of coverage, drafting policy language, negotiating vigorously with insurers, evaluating the insurance implications of corporate mergers, developing sophisticated risk transfer strategies and resolving disputes successfully prior to trial.

When pre-suit resolution is not attainable, we litigate aggressively and successfully.  Our team’s sole objective in the recovery phase is to successfully maximize each client’s bottom line by striving for consistent and effective resolution of claims every time.

Kelley Drye handles insurance claims arising under a broad range of policies, including the following:
 
  • general liability

  • first-party property

  • environmental coverages

  • business interruption

  • builders’ risk

  • directors’ and officers’ liability

  • fiduciary liability

  • employment practices

  • commercial crime (employee dishonesty)

  • cyber and data breach

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.

Whether seeking advice on policy purchases or representation in litigation, arbitration, or mediation against carriers, policyholders look to Kelley Drye for practical guidance in insurance coverage matters.
 
  • 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

The Kelley Drye Insurance Recovery and Counseling Practice provides cost-effective and creative ways to manage risk, resolve disputes and secure the insurance proceeds to which policyholders are entitled.
From evaluating potential claims to pursuing coverage litigation, insurance recovery issues affect many aspects of our clients’ business operations.  With a national footprint, the Insurance Recovery practice group at Kelley Drye represents individuals and companies across many industries, including construction, energy, manufacturing, real estate development and transportation.

We provide comprehensive counseling throughout the life cycle of a client’s business.  This includes guiding clients in the purchase and renewal of coverage, drafting policy language, negotiating vigorously with insurers, evaluating the insurance implications of corporate mergers, developing sophisticated risk transfer strategies and resolving disputes successfully prior to trial.

When pre-suit resolution is not attainable, we litigate aggressively and successfully.  Our team’s sole objective in the recovery phase is to successfully maximize each client’s bottom line by striving for consistent and effective resolution of claims every time.

Kelley Drye handles insurance claims arising under a broad range of policies, including the following:
 
  • general liability

  • first-party property

  • environmental coverages

  • business interruption

  • builders’ risk

  • directors’ and officers’ liability

  • fiduciary liability

  • employment practices

  • commercial crime (employee dishonesty)

  • cyber and data breach

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.

Whether seeking advice on policy purchases or representation in litigation, arbitration, or mediation against carriers, policyholders look to Kelley Drye for practical guidance in insurance coverage matters.
 

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 (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 di...
Partner
Email (212) 808-7811(212) 808-7811
Neil Merkl is a commercial lawyer, litigator and trial attorney with more than thirty years of experience in contract, commercial law and civil litigation. Neil represents innovative businesses who...
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...
Senior Associate
Email (202) 342-8415(202) 342-8415
Mindy Pava is a senior associate in the firm’s Washington D.C. office.  Her practice focuses on general litigation, with a particular emphasis on consumer class action defense, commercia...