Insurance: advice to policyholders in United States
Anderson Kill PC's insurance recovery team is committed to representing policyholders exclusively. Avoiding all conflicts of interest, the team advises on a broad range of insurance coverage disputes, including environmental, asbestos, tort liability, D&O liability, IP claims, commercial crime, and marine cargo losses. Heading the team are Robert Horkovich, whose career includes numerous victories in landmark state supreme court decisions, and William Passannante, who has extensive experience in an array of major insurance disputes representing corporate policyholders and educational and governmental institutions. Raymond Mascia is also recommended and has significant experience in professional liability and property insurance policy disputes.
Robert Horkovich; William Passannante
Other key lawyers:
Finley Harckham; Rhonda Orin; Joshua Gold; Raymond Mascia; Daniel Healy
‘The lead counsel on all of my policyholder insurance coverage matters is Robert Horkovich. He is a very gifted trial lawyer with an almost encyclopedic recall of cases and authorities. He is the most diligent lawyer I know and I am a trial lawyer myself, so I have a great deal of experience with trial lawyers. I presently manage 4 asbestos personal injury settlement trusts by appointment of United States Bankruptcy Court judges. All of the trusts have insurance coverage issues. Mr. Horkovich is the best lawyer in this space and the most competent on liability insurance issues. He tries cases and is always prepared. I highly recommend him and would be please to provide references for him and his firm.’
Port Authority of New York and New Jersey
WRG Asbestos PI Trust
San Diego Unified Port District
Covington & Burling LLP
Covington & Burling LLP helps policyholders recover insurance for a wide range of claims, including mass-tort liabilities, property and business interruption losses, marine, D&O, and E&O exposures. In Washington DC, Benedict Lenhart and Mitchell Dolin co-chair the practice. Key practitioners in Washington DC include Saul Goodman who assists policyholders in the structuring of insurance recovery strategies; litigator William Greaney who concentrates on insurance and environmental dispute resolution; and insurance expert William Skinner. In San Francisco, Donald Brown acts as lead counsel in lawsuits involving large insurance policy claims.
Benedict Lenhart; Mitchell Dolin
Other key lawyers:
Saul Goodman; William Greaney; William Skinner; Donald Brown
The insurance recovery team at Jones Day has extensive experience in insurance issues relating to both traditional and emerging liability risks. The team handles a broad range of coverage matters, including Covid-19, sexual misconduct claims, natural disasters, and high-profile financial losses. Heading the practice is Los Angeles-based Tyrone Childress who represents corporate policyholders in complex insurance coverage claims across the US. Another key practitioner is Richard DeNatale in San Francisco, who is an expert in the field of cyber insurance and routinely handles insurance matters for Sony.
Other key lawyers:
‘Ty Childress is a terrific, strategic lawyer who provides strong, targeted, and efficient legal advice on insurance recovery matters.’
Astellas U.S. Holding, Inc. and Astellas Pharma US, Inc.
Experian Information Solutions, Inc.
Los Angeles Unified School District
Motorola Solutions, Inc.
Sherwin-Williams Company, The
Sony Interactive Entertainment America LLC
- Represents Sony Interactive Entertainment America in a coverage dispute with Axis Surplus Insurance Company (Axis) over the interpretation of a cyber/E&O policy.
- Represents Los Angeles Unified School District in its pursuit of indemnity and defense coverage for hundreds of underlying alleged sex abuse claims involving District teachers at multiple schools.
- Represents Dell, one of the world’s largest technology companies, in a wide variety of insurance coverage matters, including a pending arbitration against various London insurers.
Morgan, Lewis & Bockius LLP has a broad national geographic footprint, with 17 offices across the US housing a large team of lawyers with insurance recovery expertise and trial capability. Heading the team in Washington D.C. and Los Angeles is Paul Zevnik, who has extensive experience in structuring captives and similar risk-transfer devices to meet mass tort claims, environmental exposures, and product liabilities. The firm has a strong captive practice led by specialist, Daniel Chefitz in Washington DC. He advises companies on captive insurance strategies for legacy, traditional, and emerging risks, and has been at the forefront in designing and implementing successful captive insurance-backed ring-fence legacy liability solutions for various companies. The firm is also well-regarded for its handling of coverage issues regarding historic general liability.
Other key lawyers:
Daniel Chefitz; Gerald Konkel; David Cox
‘I have worked with the Insurance Group for several years. What really stands out and impresses me is how Morgan Lewis works as a team. The lawyers are consistently suggesting other lawyers who have expertise in a certain area instead of self promotion.’
‘I have worked with the partners for years. In particular, I work with Gerald (Jay) Konkel who chairs my Insurance Coverage conference. NOt only does Jay work well with his colleagues but also his adversaries who he is oftentimes litigating against. People on both sides really respect Jay for his knowledge and skills. Jay has established strong relationships with everyone he works with. He promotes his partners and the junior lawyers at his firm. He advocates for speakers at my conferences with differing views from his because he knows we will have a better conference.’
Rite Aid Corporation, and Rite Aid of Maryland Inc.
Ansul/Johnson Controls International plc
Jewish Federation of Greater Washington
LTI Holdings, Inc./Boyd Corporation/Goldman Sachs
Walters & Mason d/b/a Altar’d State
Santa Rosa Mall LLC
Santa Fe Braun, Inc./The Braun Trust
Schnitzer Steel Industries, Inc./MMGL, LLC
PepsiCo, Inc./Pepsi-Cola Metropolitan Bottling Company, Inc.
Greenleeds LLC/Johnson Controls plc/GSF Management Co./Green Meadow Insurance Corporation/Scott Figgie LLC
Zimmer Biomet Holdings, Inc.
I.U. International Corporation
- Representing Rite Aid in the first coverage decision in a major opioid defendant’s favor and applying Pennsylvania and Delaware law, the court ruled in Rite Aid’s favor that: the opioid lawsuits against Rite Aid arise from one occurrence; the lawsuits allege potentially covered claims; the coverages’ per occurrence retention had been satisfied; and ACE accordingly has been obligated to reimburse the lawsuits’ defense costs since at least as of the filing date of the motion.
- Representing the court-appointed Receiver of Covil Corporation, a South Carolina-based insulation contractor, in multiple insurance coverage cases pending in the state and federal courts of South Carolina and in the United States District Court for the Middle District of North Carolina. The matters also involve receivership law and the formation, documentation and use of a qualified settlement fund under Section 468B of the Internal Revenue Code.
Reed Smith LLP
Reed Smith LLP's insurance recovery practice consists of a robust nationwide network of lawyers who handle insurance coverage issues involving property, general liability, professional liability, and product recall. In Los Angeles, David Halbreich heads the practice whilst key practitioners John Shugrue and John Vishneski are based in Chicago.
Other key lawyers:
John Shugrue; John Vishneski
‘The Policyholder team at ReedSmith LLP has the deepest bench around. I believe that they are preeminent in this field, and would not hesitate to recommend them to any company which is facing a problem with their insurers, whether it’s lost policies or negotiating coverage ab initio’
‘Insurance coverage issues are, by their very nature, thorny and enterprise threatening – so the stakes could not be higher. Combine this with a general lack of knowledge and expertise within the client/company, and it becomes much clear why trusted coverage counsel is imperative. Reed Smith understands this and does a brilliant job of blending the unique requirements of pressing the rights of insureds against insurance companies while also taking into account the business needs of the insured. The rarity of this capability cannot be overstated. ’
‘John Vishneski and Jessica Brown are exceptionally knowledgeable on the insurance industry. They are also great partners who work diligently whenever necessary. In addition to ongoing work, when emergencies pop up, John and Jessica drop everything and give our matter immediate attention 24-7, and always focuses on the best, winning strategy for our company.’
‘Extremely efficient and cost-effective. You don’t waste time on issues and solutions that really don’t matter or don’t ultimately create value for the client. The ability to get to the root of the concern and understand the client’s goals and find the most efficient way to get to those goals. ’
‘Deep bench, industry-leading expertise in insurance recovery, and exceptional experience navigating through complex insurance coverage disputes.’
Blank Rome LLP is prominent for its handling of cutting-edge issues, including sexual abuse liability, disasters, cybersecurity, and D&O. Based in Washington DC, practice co-head James Murray has extensive experience in almost every line of insurance and is at the forefront of insurance cases involving institutional liability for the sexual abuse of minors. In this area, Murray, together with New York-based duo Jared Zola, Robyn Michaelson, and James Carter in Washington DC, are currently representing the Archdiocese of New York relating to alleged historical sexual abuse claims. Linda Kornfeld in Los Angeles and John Gibbons in Washington DC, also head the practice. The September 2020 arrival of Robert Jacobs from Perkins Coie where he had been firmwide Insurance Recovery chair has further strengthened the team in this area.
James Murray; Linda Kornfeld; John Gibbons
Other key lawyers:
John Heintz; Jared Zola; Robyn Michaelson; James Carter; Kyle Brinkman; Omid Safa; Robert Jacobs
Madelaine Chocolate Novelties
Tory Burch LLC
Trilantic Capital Partners
Autopistas Metropolitanas de Puerto Rico, LLC (“Metropistas”)
Qdoba Restaurant Corporation
Safariland and Warren Kanders
Chiquita Brands, International
The Rockefeller University
New York Catholic Dioceses (Archdiocese of New York and Dioceses of Albany, Buffalo, Ogdensburg, Rochester and Syracuse – 6 of 8 dioceses in New York state)
- Represent Madelaine in long-running, high-profile matter as lead trial counsel in an insurance coverage matter concerning more than $60 million of property loss and damage and business interruption losses at its New York manufacturing facility as a result of wind damage from Superstorm Sandy in October 2012. A June 2021 jury trial is set.
- Represented Penn State in its insurance recovery efforts for amounts spent responding to the Jerry Sandusky sexual misconduct claims, including obtaining a favorable settlement in bad faith litigation against insurer PMA, and a confidential two-week arbitration trial in New York in November 2019 against Penn State’s excess insurer United Educators (“UE”) regarding underlying victim settlement amounts that exceeded the primary coverage.
- Represented CIT Group in an aviation insurance case before the Supreme Court of the State of New York, County of New York: Commercial Division, in September 2020.
The insurance team at Hunton Andrews Kurth LLP has a strong record in property and business interruption claims, primarily representing clients in the hospitality sector. Based in Miami, practice head Walter Andrews has over 30 years of experience in insurance coverage matters and other related issues and represents major food and beverage franchises. In addition, Michael Levine in Washington DC has extensive experience in insurance litigation and has been heavily involved in Covid-19 business interruptions matters. Lorelie Masters handles various types of first-party property insurance claims, including claims under boiler and machinery, business interruption, extra expense and other related coverage. Andrea DeField is also recommended.
Other key lawyers:
Michael Levine; Lorelie Masters; Andrea DeField
‘Walter Andrews and Andrea DeField are the two I primarily work with and both are very responsive whenever I need to pick their brains. In addition, they keep me updated on various legal disputes and decision of which I have an interest.’
‘The Hunton insurance recovery group has several excellent, experienced lawyers in several offices. Unlike other firms who may have one or two real insurance specialists, Hunton has many.’
‘Larry Bracken and Michael Levine are the two with whom I am most familiar. They are both very experienced experts in the insurance recovery area and don’t just occasionally dabble in it – it’s their full-time practice and it shows. Larry is a very senior partner and engenders a lot of confidence from his clients. He is a good team player and thoughtful litigator. Mike Levin is also a very experienced partner working on some cutting-edge COVID matters and is an innovative and thoughtful insurance lawyer. Any client would be fortunate to have them working on their matters.’
Treasure Island Casino
H.I.G. Capital, LLC
The Children’s Place
Legal Sea Foods
Circus Circus Casino
Out West Restaurant Group Inc.; Cerca Trova Restaurant Group, Inc.;Cerca Trova Steakhouse, L.P.; and Cerca Trova Southwest Restaurant Group, LLC
Ralph Lauren Corporation
S. Wallace Edwards and Sons, Inc.
AWP USA Inc.
Inland Private Capital
Checkers Drive-In Restaurants, Inc.
Ranger Construction Industries, Inc.
Grey Oaks Country Club, Inc.
Toter de México S. De R.L. de C.V.
Santander Consumer International Puerto Rico
Banco Santander International
- Representing Treasure Island LLC in a lawsuit against its property insurer, Affiliated FM Ins. Co., seeking to enforce Treasure Island’s all-risk insurance policy for business interruption losses sustained due to COVID-19 and the resulting civil authority orders that disrupted the casino’s business operations (Treasure Island, LLC v. Affiliated FM Ins. Co., No 2:20-cv-00965-JCM-EJY (D. Nev.)). The complaint template developed by Hunton’s insurance team has been used by other law firms and policyholders for their own, nearly identical complaints. The litigation is currently in discovery and is expected to proceed to trial in early 2021.
- Representing Ralph Lauren Corporation in an action against its property insurer, FM Global, for refusal to cover losses incurred all over the world as a result of COVID-19 and violations of the New Jersey Consumer Fraud Act. The current estimated matter value is over $750m and the litigation is currently in discovery.
- Representing Circus Circus Casino and Resort in a COVID-19 business income lawsuit against property insurer, AIG, in Nevada federal court after AIG denied a lost income claim worth up to $500m.
Jenner & Block LLP
Jenner & Block LLP's insurance team advises clients on a wide range of coverage claims including D&O liability in addition to non-traditional lines such as kidnapping and ransoms. The firm is prominent in handling complex insurance programs that involve multiple insurers and risks and has extensive experience with London markets, foreign insurers, and cross-border disputes. Practice leadership is divided between John Mathias and David Kroeger in Chicago, and Brian Scarbrough in Washington DC. In Los Angeles, Jan Larson, who specializes in professional liability and cyber liability is also recommended.
John Mathias; David Kroeger; Brian Scarbrough
Other key lawyers:
Jan Larson; Caroline Meneau
‘The team quickly understood the issues/problems, was helpful in identifying additional issues that we had not considered, they followed through with everything quickly, efficiently and helped us keep looking forward, so we could do our work, knowing we had the correct coverage for our unique situation. They also worked well and efficiently with our other legal counsel.’
‘Jan Larson was exceptional. She was thoughtful, identified risks we may not have anticipated (insurance issues), and helped us address them in appropriate, cost-effective ways. She communicated and worked well with our Board and our organization’s legal counsel.’
Lettuce Entertain You, Noodles & Co., Union Square Hospitality, & Various Other Restaurants
Cresset Capital Management LLC
Silgan Holdings, Inc.
Robert Nixon, Pro bono client
United Conveyor Corporation
K&L Gates represents policyholders of all sizes, from officers and directors to government entities in connection with a wide range of insurance disputes. The firm is also well-regarded for its experience in defending class actions and defeating class certification throughout the US. In Pittsburgh, David McGonigle co-heads the practice with Sarah Turpin in London. McGonigle's expertise encompasses a range of coverage matters including disputes relating to the environment, asbestos, product recall, liabilities and losses.
David McGonigle; Sarah Turpin
Other key lawyers:
Michael Lynch; John Sylvester; Kay Brady; Donald Kiel
New York Proton Management
Latham & Watkins LLP's insurance team has extensive experience in major commercial insurance lines and specialty coverage areas. Leading the practice is David Barrett in Washington DC, who focuses on representing policyholders in major first and third-party insurance coverage matters and handling the negotiation of custom insurance products. Based in San Diego, Brook Roberts is a prominent figure at the firm, representing clients in ground-breaking insurance disputes, such as in Fluor v. Supreme Court - a landmark case that has changed the law on the transfer of insurance policies in the context of mergers and acquisitions. In February 2020, Drew Gardiner in San Diego was promoted to partner, with significant experience in advising the firm's largest clients on the strategic management of their insurance portfolios, with a particular focus on D&O liability coverage.
Other key lawyers:
Brook Roberts; Drew Gardiner
‘The Latham team is lead by David Barrett, a highly experienced coverage attorney who has a tremendous work ethic, deep experience, and excellent client relationship skills. David is a great team player and welcomes input from the client, consultants and when appropriate, brokers. He is supported by a very deep bench of highly skilled coverage lawyers including Brook Roberts and Bob Gilbert, among many others. Given Latham’s depth of experience, superior lawyering skills, and common sense approach to complex claims, it should rank at the very top of any legal ranking of coverage practices.’
‘David Barrett stands out as not only the leader of the firm’s practice but for his unique ability to view claims strategically, not just from a litigation perspective. He understands the claims process domestically and in the London and Bermuda markets, and brings a strong practical, common-sense approach to pursuing and resolving claims. One of the best with whom I’ve worked in this space. Brook Roberts is also a top-flight coverage lawyer with exceptional litigation skills and outstanding “big picture” views of not just a single case, but how a ruling could impact other claims going forward. There are other excellent attorneys there, but these two stand out to me.’
Canadian Solar Inc.
CVC Capital Partners Advisory (U.S.), Inc.
Emerson Electric Company
Endeavor Operating Company
Health Information Management & Systems Society
Jack Entertainment LLC
Kuhlman Electric Corporation and ABB
L.A. Terminals, Inc.
Michigan State University
Montrose Chemical Corporation of California
National Collegiate Athletic Association
National Football League Players Association
Northland Investment Corporation
San Manuel Band of Mission Indians
Vintage Wine Estates and Kunde Enterprises Inc.
- Representing Michigan State University in connection with insurance coverage litigation arising from 533 claims alleging the University’s liability for alleged sexual assault of gymnasts by Larry Nassar under the guise of providing medical care.
- Representing Fluor, a leading US-based multi-national engineering and construction company, in pending bad faith claims, seeking more than $1bn of damages against insurance giant Zurich American Insurance Company.
- Representing Montrose Chemical Corporation of California in a lawsuit pending against dozens of insurers in Los Angeles County Superior Court (Complex) arising from environmental contamination relating to Montrose’s former DDT manufacturing operations in California.
Pillsbury Winthrop Shaw Pittman LLP's insurance practice team is one of the legal industry's largest insurance practices dedicated solely to corporate policyholders. Across the US, the firm offers a multidisciplinary approach in handling coverage matters in a broad range of areas, including environment, energy, D&O litigation, and cyber claims. In Washington DC, Peter Gillon serves as co-head of the practice and has extensive experience in resolving complex insurance coverage matters, representing major companies like Zoom. Additionally, in Los Angeles, insurance litigator Robert Wallan co-heads the practice and is noted for his successes in securing coverage on behalf of companies in California for violating wage and hour laws.
Peter Gillon; Robert Wallan
Other key lawyers:
Mark Plumer; Joseph Jean
Proskauer Rose LLP is well regarded for its handling of coverage issues across multiple lines of insurance, including general and professional liability, product recall, property damage, and business interruption. In New York, practice head John Failla regularly acts on behalf of the firm's prominent client list of private equity and hedge fund companies, such as Sycamore Partners in a coverage dispute related to its investments in portfolio company Nine West, where he was assisted by Nathan Lander. Marc Rosenthal co-heads the practice in Chicago and is a fellow of the prestigious American College of Coverage Counsel. Seth Schafler is also recommended, with over 30 years of experience in insurance advisory and litigation work.
John Failla; Marc Rosenthal
Other key lawyers:
Seth Schafler; Nathan Lander
‘Very good understanding of insurance industry.’
‘Marc Rosenthal is an outstanding lawyer. He is very responsive and gives very practical, sound legal advice. He is extremely knowledgeable about the insurance industry.’
‘Broad range of coverage experience with expertise in virtually every area of insurance from policy negotiation to claims and litigation. Unique expertise in insurance issues facing private equity and hedge funds’
‘John Failla is one of the leading coverage lawyers in the country with respect to private equity and hedge funds. Extremely knowledgeable in this area.’
‘Great team with excellent litigation strength supported by top-flight technical expertise in a broad range of areas of insurance ranging from property/business interruption, D&O, life, cyber and third-party liability. Special expertise in insurance issue relating to hedge funds and private equity firms’
‘The attorneys that I have worked with at Proskauer make this firm unique. They are truly engaged with their clients and provide amazing advice. Their insurance coverage group is unmatched in the industry which makes them very unique in my opinion.’
‘John Failla and Nate Lander are absolutely amazing attorneys to work with. They are both responsive, knowledgeable and creative when it comes to coverage arguments and they are zealous advocates for their clients.’
Valeant Pharmaceuticals International Inc. (now known as Bausch Health)
Sycamore Partners Management L.P.
JP Morgan Chase & Co.
Depository Trust & Clearing Corporation (DTCC)
National Football League (NFL) Clubs
National Hockey League
Financial Oversight and Management Board of Puerto Rico
Union Carbide Corporation
Kaanapali Land, LLC
The insurance team at King & Spalding LLP has significant experience across a variety of industry sectors and lines of coverage, including in the financial institutions' sector for credit crisis and other insured losses; in the healthcare industry, including claims arising from regulatory compliance; for long-tail tort liability losses under commercial general liability primary and excess policies; and for cyber liability and data breaches. Based in Atlanta, practice head Anthony Tatum has extensive litigation experience in state and federal courts at both the trial and appellate levels, as well as international dispute resolution forums. Shelby Guilbert is a key member of the team and has developed specialized expertise in the emerging area of cyber insurance.
Other key lawyers:
Orrick, Herrington & Sutcliffe LLP primarily represents clients in the technology and finance industries, with extensive experience in advising clients on a range of insurance coverage matters including RMBS monoline litigation and cost of insurance (COI) litigation. The firm has been highly active in COI litigation, and a prominent figure in this area is Khai LeQuang in Orange County who represents major investor groups in pending lawsuits relating to increases in COI rates. Co-heading the practice are Barry Levin, based in New York and San Francisco, and Darren Teshima in San Francisco.
Barry Levin; Darren Teshima
Other key lawyers:
‘All team members have deep product knowledge which enables them to identify and work efficiently on relevant discovery findings. Knowledge transfer within the team and transition of work runs perfectly smooth.’
‘Khai LeQuang is an exceptional litigation lawyer. He has also full command over various complex Litigation matters (can respond to any question relating to the Litigation at any time!), coordinates his team perfectly and has a deep industry knowledge (in the field of insurance products). It is a delight to work with him on litigation cases.’
‘Orrick’s insurance coverage guidance is an indispensable part of our toolkit. Darren’s work has helped the company tremendously in matters involving coverage disputes with the company’s insurers, filing claims against policies held by business partners, and resolving litigation involving our insurance carriers.’
‘Darren Teshima – expert in all things related to insurance coverage. Highly responsive with significant experience. Rebecca Harlow is very knowledgable about our business, and does a lot of the heavy lifting.’
‘I appreciate the team’s deep knowledge and expertise in the insurance space, and practical advice for the business. I also appreciate the lean staffing and quick response times.’
‘I have worked with Darren Teshima for more than a year now. He is attentive, proactive, and gives good, practical advice.’
Chime Financial, Inc.
Fortress Investment Group
- Representing financial services clients, such as Credit Suisse on RMBS monoline litigation. Completed a two-week bench trial in the case filed by monoline insurance company MBIA. This was only the fifth RMBS case to go to trial.
- Representing banks, financial institutions and alternative investment managers in cost of insurance litigation (COI).
- Representing numerous clients in special purpose acquisition company (SPAC) transactions.
Willkie Farr & Gallagher LLP's insurance dispute resolution practice primarily represents insurance brokers aligned with policyholders. Based in New York, Mitchell Auslander and Christopher St. Jeanos co-head the practice. Auslander has extensive experience in handling major coverage disputes, and St. Jeanos is an experienced trial lawyer who has represented entities in all aspects of the insurance and reinsurance industry. In March 2020, Craig Martin opened the firm's office in Chicago, having previously been at Jenner & Block LLP.
Mitchell Auslander; Christopher St. Jeanos
Other key lawyers:
‘Willkie’s attorneys are extremely knowledgeable and experienced. ’
Marsh & McLennan Companies, Inc.
Crystal & Company
First Data Corporation
Experian Partner Solutions
First American Financial Corporation
Options Clearinghouse Corporation
- Represented and won a decade’s long dispute for Marsh, Inc when the Second Circuit reinstated a bankruptcy court’s finding that claims against Marsh related to the Johns-Manville bankruptcy were barred by an order entered back in the 1980s.
- Represented Marsh, Inc in a Ninth Circuit appeal in a case involving whether and when a “special relationship” exists between a policyholder and insurance broker.