Our attorneys have assisted clients across industry sectors in connection with a broad spectrum of insurance issues and claims under almost every kind of business insurance policy, including Cybersecurity, Privacy and Data Protection (Cyber), Management Liability, Directors & Officers (D&O), Errors and Omissions (E&O), Technology E&O, Commercial General Liability (CGL), Commercial Property, Business Interruption, Professional Liability, Employment Practices Liability, Fidelity, Fiduciary, Crime, Political Risk, Environmental, Terrorism, and many other types of insurance policies.
Insurance Problems for Clients in Recovery
In addition to aggressively helping clients to successfully pursue disputed insurance claims, our attorneys proactively counsel our clients on complex underwriting and risk management issues. We are committed to best positioning our clients to maximize insurance recovery and remain risk resilient before claims materialize and have unique and unparalleled experience in the drafting and negotiation of Cybersecurity, Privacy and Data Protection and Management Liability insurance.
Our attorneys have assisted clients in successfully pursuing coverage for data breaches and cybercrime, including serving as lead insurance recovery counsel in connection with one of the largest data breaches to date.
When negotiating insurance policies, our attorneys bring the perspective of litigators and dispute resolution professionals. Because we have handled disputed claims under these types of policies, including in connection with one of the largest data breach events to date, we have the experience that allows us to identify potential claims issues before those issues crystalize in a claims setting. Our unique familiarity with cyber insurance policies and the cybersecurity and data privacy legal landscape, together with the unique perspective that we offer as insurance coverage litigators, allows us to best position our clients to achieve market-leading cyber insurance placements.
Our insurance recovery services include identifying insurance assets to provide coverage, developing and presenting coverage claims to insurance companies, negotiating resolutions to insurance coverage disputes both directly and through mediation, and litigating against insurance companies in state and federal courts nationwide and in alternative dispute resolution forums such as arbitration.
Calfee's Insurance practice group was ranked by Chambers USA 2022 in Band 1 for Insurance: Policyholder in Ohio, one of only three law firms ranked in this practice in the state. Chambers USA commentators note that the team "Boasts an impressive reputation with decades of experience in policyholder insurance representation. Well known for its capabilities in risk mitigation and cost recovery strategies. Provides representation in all aspects of insurance coverage policy disputes, including those surrounding M&A transactions. Impressive roster of clients that includes those in the academic, healthcare and manufacturing sectors.
Experienced with most types of insurance policies, our Insurance Recovery attorneys have helped our clients secure insurance coverage totaling hundreds of millions of dollars for many kinds of losses and liabilities, including:
With decades of experience representing policyholders in all aspects of insurance law, our distinguished recovery attorneys have developed a strong reputation and track record for successfully litigating high profile, landmark insurance cases at the trial and appellate courts. We have recovered more than $2 billion in policy benefits for clients, which include public and private entities across a broad spectrum of industries and coverage areas.
Every company has unique insurance needs. We recommend coverage so clients will be protected from potential exposures. We can also assist in negotiating custom insurance terms ("manuscripting") as appropriate.
Insurance companies are renowned for denying coverage to their policyholders and for underpaying claims when they do pay. We provide guidance to clients when their insurance company fails to honor its obligation.
Our attorneys are experts in the evolving line of cyber insurance products, providing advice to clients on their existing insurance portfolios and recovery options to minimize losses in the event of a data breach or other cyber attack. Our insurance recovery attorneys frequently present and author articles regarding the security challenges faced by companies today, and the cyber insurance landscape.
SDV represents clients in all types of insurance coverage disputes. The firm has represented large and small companies, partnerships, officers, directors and individuals in a diverse mix of insurance coverage litigation and counseling matters.
Our Insurance Recovery attorneys help clients understand their insurance coverages, submit claims, negotiate insurance settlements and prosecute lawsuits against insurance companies. Our lawyers are on the cutting edge of insurance coverage and bad faith law.
Insurance policies are complex legal documents. In addition to the language itself, thousands of court opinions affect the interpretation of insurance coverage. We help our clients understand their coverages, identify holes in coverage, explain the amount of coverage that is needed, and even help them save money. We work with insurance brokers and provide independent analysis based on years of actual litigation experience.
We work with our clients from the outset of a loss to make sure that it is covered by insurance. We help our clients evaluate the amount of the loss, submit the appropriate paperwork to the insurance company, and negotiate the claim settlement.
Whether our clients are dealing with first party losses or defending third party claims, we provide support and guidance throughout the process. We analyze policies and contractual insurance requirements, evaluate coverage, and advise on reservations of rights and denials of coverage.
We advise clients on contract interpretation and coverage to anticipate and prevent problems before they happen. We advise clients and work with their insurance consultants on policy wording, enhancements, clarifications, and potential gaps in coverage. We can also ensure our clients are optimizing their insurance coverage by performing a legal review of their program to determine whether they have sufficient systems in place to verify that their business is receiving the coverage it is entitled to under its own policies, commercial and reinsurance policies and contracts with third parties.
In many instances, the firm has been able to assist clients in obtaining insurance recoveries without resorting to litigation. When necessary, Brouse has litigated coverage cases to conclusion, including litigating such cases through the highest appellate levels. In short, we can assist clients in interpreting and evaluating insurance policy provisions, formulating sound coverage positions, and implementing effective coverage litigation strategies. The breadth and depth of our experience in this area, and our long record of success, place us among the leading policyholder coverage firms in the country.
Whether our clients face mass torts, third-party claims, government investigations, business losses or natural disasters, Gilbert maximizes insurance recovery quickly and efficiently. We also advise clients on risk management, analyzing and designing insurance policies and other risk-transfer mechanisms before problems arise.
With a broad and deep understanding of insurance law and the pathways that lead to coverage for disputed claims, we help policyholder clients at every stage, from insurance procurement and policy renewal through claims assessment and review, and dispute resolution. We guide clients through both negotiated settlements and high-stakes litigation. We regularly assist clients in negotiating insurance and indemnity provisions in contracts, performing insurance due diligence, developing complex insurance programs for single projects or enterprise-wide operations, and otherwise assisting clients in managing risk to best protect their bottom lines.
Our Insurance Recovery attorneys advise on and represent clients in disputes across nearly all industries and involving virtually every type of commercial insurance policy issued to businesses, including:
National experts in service recovery recommend a well-tested process for service recovery. This 6-step process details how to handle a range of problems from the mildly irritated to the malpractice case in the making.
Service recovery can range from listening to an upset patient to giving free parking to patients who have to wait more than a specified time for their doctor visit. It can also mean providing solutions or making amends for problems that the patient created. Making sure that someone gets to see a doctor when they show up on the wrong day is an example of the kind of customer service patients never forget. Service recovery programs ensure that patients never hear, "I can't help you with this. It's against our policy."
Complaint management is also an important aspect of service recovery. Complaints can be a useful source of information about the organization; improvements in customer service depend on the organization's ability to elicit and monitor customers' complaints. In particular, service recovery cannot take place if the provider does not know that the member or patient is unhappy. Many people would rather "switch than fight," especially in a health care environment, where people fear that complaining could jeopardize the quality of the clinical care they receive. Also, minorities and people from underserved communities tend to avoid complaining, even though they may have significant problems with the delivery of care.2,3 2ff7e9595c
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