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
Honors & Awards
- U.S. News – Best Lawyers, Best Law Firms, Charlotte Tier 1 for insurance law, 2014, 2020; Charlotte Tier 1 for litigation – insurance, 2020
Represent United Policyholders, the nation's leading advocate for policyholder rights, as amicus, in Radiator Specialty Co. v. Fireman's Fund Ins. Co., N.C. Court of Appeals, Case No. 19-638. This case of first impression in North Carolina concerns whether a standard CGL policy, once triggered by injury or damage during the policy period, provides coverage for a policyholder's liability in full up to policy limits ("all sums"), rather than some lesser, prorated amount. This is a question of immense importance to policyholders facing long-tail bodily injury and property damage claims in which insurers attempt to limit their coverage obligations.
Pursue recovery of environmental cleanup costs incurred by client. The Travelers Indemnity Co. v. CommScope Technologies LLC, Cook County, IL Circuit Court, Case No. 16-CH-16550.
Represent pharmaceutical manufacturer in insurance coverage lawsuit related to large number of underlying toxic tort claims. Broadview Investments, LLC v. Continental Casualty Co., U.S. Dist. Court, Middle District of Georgia, Case No. 3:18-cv-00119.
Obtained favorable mediated resolution of insurance coverage lawsuit in which our client is the owner of a luxury apartment complex in Cary, North Carolina. American Realty Advisors v. Lloyd's Underwriters, U.S. Dist. Court, Eastern District of North Carolina, Case No. 5:16-cv-940.
Represent policyholder in $26 million property damage coverage lawsuit against primary and excess insurers. Lawsuit pending in the North Carolina Business Court. SVF Weston Lakeside, LLC v. Lexington Ins. Co., Wake County Superior Court, Case No. 18-CVS-5171.
Obtained recovery for client's loss stemming from destruction of inventory. Scrap Partners LLC v. Granite State Ins. Co., Mecklenburg County, NC Superior Court, Case No. 16-CVS-13326.
Pursue recovery of defense costs incurred by client defending underlying construction lawsuit. Mitsui Sumitomo Ins. Co. v. Travelers Property and Casualty Co., U.S. District Court, Western District of North Carolina, Case No. 1:15-CV-00207.
Pursue recovery of defense costs incurred by client in underlying medical malpractice action. Medical Mutual Ins. Co. of North Carolina v. Indian Harbor Ins. Co., U.S. District Court, Eastern District of North Carolina, Case No. 5:16-CV-930.
Secured an insurer’s agreement to defend our client in a national class action. In re Domestic Drywall Antitrust Litigation, U.S. District Court, Eastern District of Pennsylvania (MDL), Case No. 13-MD-2437.
Prosecuted a declaratory judgment action to secure coverage for an underlying trademark lawsuit against our client. Catlin Specialty Ins. Co. v. Jafrum International, Inc., et al., U.S. District Court, Western District of North Carolina, Case No. 3:14-CV-607.
Prosecuted a declaratory judgment action to secure coverage for underlying shareholder claims against our client. Lindy’s Homemade, LLC v. Twin City Ins. Co., U.S. District Court, Western District of North Carolina, Case No. 3:15-CV-00040.
Counseled a client on a broad range of domestic and international insurance issues implicated by the tax-free spinoff of a $3 billion business.
Successfully prosecuted an insurance coverage claim arising from our client’s loss due to computer fraud. International Construction Equipment, Inc. v. Travelers Casualty and Surety Company of America, U.S. District Court, Western District of North Carolina, Case No. 3:11-CV-491.
Prosecuted a coverage action against our client’s primary, umbrella and excess insurers, seeking coverage for product liability claims asserted against our client in four nationwide class actions in Florida and Arizona. New NGC, Inc. d/b/a National Gypsum Company v. ACE American Insurance Company, et al., U.S. District Court for the Western District of North Carolina, Case No. 3:10-CV-22.
Successfully represented our client in trial court and on appeal, securing coverage for a wrongful death lawsuit against our client in Maine. Huber Engineered Woods, LLC v. Canal Insurance Company, 2010 N.C. App. LEXIS 506 (N.C. App. 2010).
Successfully obtained full coverage for our client in patent infringement litigation. Catalyst & Chemical Services, Inc. v. Global Ground Support, LLC, et al., U.S. District Court for the District of Columbia, Case No. 10-1252.
Prosecuted a declaratory judgment action regarding an insurer’s overcharging of workers’ compensation insurance premiums. Roush Fenway Service, LLC v. Liberty Mutual Insurance Company, U.S. District Court for the Middle District of North Carolina, Case No. 1:09-CV-472.
Prosecuted an action to secure coverage for an officer/director of our client who was sued personally in federal court. Everitt v. AXIS Specialty Insurance Company, U.S. District Court for the Middle District of North Carolina, Case No. 1:09-CV-357.
Prosecuted an action to secure coverage for product liability claims against our client in Pennsylvania. Global Ground Support, LLC v. National Union Fire Insurance Company, Catawba County, North Carolina Superior Court, Case No. 09CV1507.
Successfully brought an action against an insurer to secure its defense of underlying environmental claims against our client. Sales Expansion, Inc., d/b/a 60 Minutes Cleaners, v. Colony Insurance Company, Mecklenburg County, North Carolina Superior Court, Case No. 99-CVS-13265.
News & Events
- Jan. 22, 2020
- Nov. 1, 2019
- Oct. 17, 2019
- Sept. 30, 2019
- Aug. 15, 2019
- Jan. 28, 2019
- Nov. 16, 2018
- Oct. 24, 2018
- Aug. 15, 2018
- Jan. 30, 2018
- Jan. 29, 2018
- Oct. 25, 2017
- Eight Named “Lawyer of the Year”Aug. 16, 2017
- Jan. 26, 2017
- Dec. 7, 2016
- Nov. 9, 2016
- Eight Attorneys Named "Lawyer of the Year"Aug. 15, 2016
- Jan. 27, 2016
- Aug. 18, 2015
- R. Steven DeGeorge Quoted in NC Lawyers Weekly Article "Clause allows insurer to avoid paying $7M legal bill"June 1, 2015
- April 28, 2015
- Jan. 5, 2015
- Robinson Bradshaw Nationally Ranked in 2015 “Best Law Firms” by U.S. News & World Report and Best LawyersRankings include recognition as a Tier 1 firm in 38 practice areas in CharlotteNov. 6, 2014
- Firm Topped North Carolina Rankings in Eight Practice AreasAug. 19, 2014
- April 23, 2014
- Robinson Bradshaw Named to 2014 ‘Best Law Firms’ Rankings by U.S. News & World Report and Best LawyersRankings Include Recognition as Tier 1 Firm in 38 Practice Areas in CharlotteNov. 1, 2013
- Aug. 15, 2013
- June 19, 2013
- June 12, 2013
- More Ranked Attorneys Than Any Other North Carolina Firm For Third Consecutive YearNov. 9, 2012
- Aug. 23, 2012
- Charlotte-based Firm Has More Ranked Lawyers Than Any Other North Carolina FirmNov. 16, 2011
- Nov. 1, 2011
North Carolina Bar Center
8000 Weston Parkway
Cary, NC 27513Jan. 30, 2020
North Carolina Bar Center
8000 Weston Parkway
Cary, NC 27513Jan. 31, 2019
Port-au-Prince, HaitiMay 16, 2017
101 N. Tryon Street, Suite 1900
Charlotte, North CarolinaNov. 13, 2015
- An Asbestos Defendant’s Legal Liability — The Experience in Garlock’s Bankruptcy Asbestos Estimation Trial
via WebinarJuly 29, 2014
Hyatt Place Charlotte Downtown
222 South Caldwell Street
Charlotte, North CarolinaApril 8-9, 2014
Charlotte Marriott SouthPark
2200 Rexford Road
Charlotte, North CarolinaApril 11, 2013
- Insurance Coverage Under North Carolina Law: Having the Right Protections for Your Business, and Effectively Litigating Coverage Disputes
Bryon's South End
101 W. Worthington
Charlotte, North CarolinaNov. 7, 2012
The Double Tree Hotel
2600 Yorkmont Road
Charlotte, North CarolinaNov. 16, 2011
Hampton Inn & Suites
Charleston/Mt. Pleasant - Isle of Palms
1104 Isle of Palms Connector
Mount Pleasant, South CarolinaOct. 26, 2011
- March 27, 2020Robinson Bradshaw Publication
- Dec. 19, 2017Business North Carolina
- Court Rules Computer Fraud Insurance Policy Inapplicable to Most Common Form of Computer-Related FraudFeb. 20, 2017
- Nov. 1, 2016Claims
- Sept. 13, 2016Law360
- Oct. 3, 2013Robinson Bradshaw Publication
- April 12, 2013Westlaw Journal Insurance Coverage
- May 11, 2012Westlaw Journal - Insurance Coverage
- Feb. 17, 2012Westlaw Journal - Insurance Coverage
- Sept. 13, 2011Robinson Bradshaw Publication
- March 30, 2011Robinson Bradshaw Publication