Insurance/Reinsurance Coverage Disputes

/Insurance/Reinsurance Coverage Disputes
Insurance/Reinsurance Coverage Disputes 2017-01-02T17:00:45+00:00

When businesses and individuals suffer significant losses, they may be able to mitigate those losses by seeking recovery under insurance policies. The lawyers at Jardim, Meisner & Susser, P.C., have over two decades of experience handling insurance-related disputes, both on behalf of policyholders seeking to obtain coverage and insurers and reinsurers. Our Insurance Coverage Practice Group is ready, willing and able to use this experience to create the best possible outcome for our clients.

Our attorneys have handled coverage issues for clients ranging from large conglomerates to individuals, not only under standard Commercial General Liability, Homeowner’s and Automobile policies, but also under Directors and Officers Liability policies, Errors and Omissions policies, Professional Disability policies, life insurance policies and various specialty policies unique to certain industries. We have tackled complex long-tail asbestos and environmental coverage questions as well as smaller coverage claims resulting from storms and other natural disasters.

We are well-versed in complicated insurance questions such as:

  • Trigger of coverage, particularly for long-tail losses such as asbestos and environmental injuries;
  • Allocation of long-tail losses across multiple insurance policies;
  • Choice of law when multiple environmental sites across multiple states are at issue;
  • Aggregation of multiple tort claims to meet deductibles or self-insured retentions;
  • Interpretation and application of insurance policy language;
  • Follow-the-fortunes clauses in reinsurance policies; and
  • Coverage for intentional torts committed by rogue employees.

Complex issues

On the corporate side, we have experience with reinsurance policies, Bermuda forms and the London insurance marketplace. We have defended reinsurers on the key question of whether the attachment points of their policies have been reached. Among the complex issues we have handled is whether a cedant on a reinsurance policy can aggregate non-products liability claims from different policy holders into a single occurrence in order to satisfy the policy deductible.

We have also used our insurance knowledge proactively, advising clients in concert with insurance brokers to obtain the best possible insurance coverage for future anticipated losses. We have assisted clients in negotiating policy terms as well as in understanding policy terms proposed by their insurers.