Kilpatrick Townsend’s Insurance Recovery team is nationally and internationally recognized for its experience in the preservation and recovery of insurance-related assets for policyholders. The team’s lawyers are among the most experienced in the world in the negotiation, litigation, trial, and arbitration of insurance coverage disputes. Team members have secured insurance benefits in connection with disputes venued in state and federal courts throughout the United States, and abroad, in the United Kingdom, Switzerland, Dominican Republic, Norway, India, Puerto Rico, Portugal, and Venezuela. The team has represented Fortune 100 and other businesses across all industries, including educational institutions and various nonprofit organizations. Collectively, the team has recovered billions of dollars in insurance claims for their clients.

The team was selected in 2011 by Legal 500 as a leading policyholder insurance recovery practice. The team also received a Tier 1 in DC rating for its insurance recovery practice by US News – Best Lawyers®Best Law Firms.” The firm’s Insurance Recovery team members also have been honored by their peers for their expertise in the area of insurance law in The Best Lawyers in America®, Chambers USA: America’s Leading Lawyers for Business, and SuperLawyers Magazine.

Team members also account for an impressive body of scholarship on insurance coverage issues, having published extensively in law reviews, insurance-industry magazines, and trade-association publications. In addition, last year, the Practical Law Company (PLC) selected Kilpatrick Townsend as the exclusive panel firm on insurance law issues for the web-based and print publications it published for in-house counsel in the United States. Team members were recently the featured cover article in Practical Law Journal’s September 2011 issue. The issue featured a selection from the materials contained in the Insurance Policies and Coverage Toolkit maintained on PLC’s website.

The Insurance Recovery team has extensive experience representing and advising policyholders regarding a wide array of commercial insurance coverage issues and disputes involving all major lines of insurance. Among others, the team has handled coverage disputes involving:

  • Directors & Officers liability insurance claims arising from alleged financial crimes and other alleged corporate misconduct, including governmental investigations as well as criminal and civil lawsuits
  • Claims involving alleged director and officer liability and alleged errors and omissions of many other kinds, including shareholder derivative claims, employment-related events and breach of fiduciary duty claims
  • Bodily injury coverage claims (including claims arising out of catastrophic and/or latent workplace and product-related injuries) 
  • Claims arising from employment events, including workplace discrimination and sexual misconduct
  • Claims arising out of products and other manufacturing-related liability, including complex disputes regarding the allocation of long-tail losses among multiple insurers and policies
  • Claims for insurance company bad faith
  • Property damage and business interruption losses resulting from catastrophic accidents (fires, explosions, water intrusion, etc.) and natural events (hurricanes, cyclones, etc.)
  • Construction-related claims (including under professional liability policies, first-party property, environmental and builder’s risk policies, and performance bonds, as well as “additional insured” claims)
  • Technology and intellectual property (including patent, trademark and trade dress disputes, copyright infringement, and unfair competition)
  • Environmental liabilities (including cleanups, petroleum contamination, and toxic torts)
  • Claims arising from antitrust and related allegations
  • International insurance claims (including arbitration and other international insurance recovery)

Working closely with our clients, we take pride in developing cost effective strategies to maximize the value and recovery of insurance assets, and in resolving sophisticated insurance claims disputes through a broad range of resolution alternatives, including litigation, arbitration, mediation, and negotiation.

Insurance Recovery

Experience Highlights

ABT Building Products Corp., et al. v. National Union Fire Insurance Company of Pittsburgh Inc.
Represented ABT Building Products Corp. and ABT Co. Inc., one of the largest manufacturers of building materials in North America, and working more
Environmental coverage litigation for a major electrical equipment manufacturer
Represented a major electrical equipment manufacturer in environmental coverage litigation. more
Recovery of defense costs and indemnity for former owners/ operators of a chemical manufacturing National Priority List site
The firm served as lead counsel representing the former limited partners of a now-dissolved limited partnership that formerly owned and operated a more
Bad faith claims counsel for large grocery chain
Successfully represented a large grocery chain in a bad faith suit to secure benefits under its commercial general liability policy for the cost of more

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