Insurance Coverage

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Overview

Policyholders know Robinson Bradshaw as a go-to firm for insurance coverage counseling and dispute resolution. We counsel businesses and management employees, frequently in collaboration with their risk managers and insurance brokers, in identifying, negotiating and securing appropriate coverage, both in the ordinary course and in connection with significant transactions such as the sale or restructuring of a business. Our insurance coverage clients include financial institutions, manufacturers, real estate developers, contractors and other service providers.

Although our first objective in coverage disputes is to reach negotiated settlements with insurers, we are well equipped to pursue litigation or arbitration to secure our clients’ coverage rights. We have substantial experience prosecuting bad faith and unfair and deceptive trade practices claims against insurers that fail to provide defense and/or indemnity protection our clients paid for.

In particular, Robinson Bradshaw has extensive experience representing policyholders in complex declaratory judgment actions regarding liability insurance for asbestos, environmental, and other toxic tort and product liability claims.

Our attorneys have obtained favorable rulings requiring:

  • Joint and several defense of long-tail toxic tort, asbestos and environmental claims
  • Immediate participation of excess insurers and consequent rejection of horizontal exhaustion theories
  • Elimination of claimed retrospective premiums
  • Substantial reduction of per-claim deductibles arising out of a single occurrence
  • Assumption by insurers of duties proved solely secondary evidence
  • Elimination of defense and indemnity costs charges for gaps in toxic tort coverage

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