Insurance Recovery
PDFOverview
Robinson Bradshaw provides skilled representation of policyholders for insurance coverage counseling and dispute resolution. We provide trusted counsel, frequently in collaboration with clients' risk managers and brokers, in identifying, negotiating and securing coverages, both in the ordinary course and relative to significant transactions. Our attorneys are leaders in recognizing emerging risks and related coverage issues, including those engendered by COVID-19. Our insurance coverage clients include public and private enterprises across the business spectrum.
When insurers deny promised coverage (as they often do), Robinson Bradshaw's coverage litigation team brings to bear its extensive experience litigating against virtually every major insurer to secure the coverage our clients purchased. We have successfully litigated coverage claims in state and federal courts across the country, including precedent-setting cases, and many for punitive and statutory treble damages. Robinson Bradshaw has extensive experience securing our clients' coverage rights relative to bet-the-company asbestos, environmental, and other toxic tort and mass product liability claims.
Robinson Bradshaw has handled these matters under a variety of alternative fee arrangements, including full and partial contingent fee arrangements.
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 using secondary evidence
- Elimination of defense and indemnity costs charges for gaps in toxic tort coverage
Honors & Awards
- Best Law Firms, Charlotte Tier 1 for insurance law, 2014, 2020-24; Charlotte Tier 1 for litigation - insurance, 2020-22, 2024
Experience
Represent policyholders in several COVID-19-related insurance lawsuits in federal and state trial and appellate courts. These cases raise issues of first impression involving potential coverage for losses our clients sustained because of COVID-19 and resulting governmental shutdowns. Our attorneys are recognized leaders in this emerging area of coverage law and have been invited to speak at multiple Bar-sponsored CLE programs.
Represent United Policyholders, the nation's leading advocate for policyholder rights, in multiple lawsuits, including cases presenting important insurance coverage issues of first impression in North Carolina. These cases include an appeal of a trial court ruling that the insureds are entitled to coverage of their COVID-19-related business interruption losses. We advocate for the North Carolina Court of Appeals to recognize and enforce policyholders’ coverage rights under “all risk” commercial property insurance policies for property damage and other losses related to COVID-19. Another engagement by United Policyholders involves a case of first impression in North Carolina concerning 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.
Represent public company seeking to recover losses associated with underlying class action securities and stockholder derivative litigation. Travelers Casualty and Surety Co. of America v. Jeld-Wen Holding Inc., U.S. District Court, Western District of North Carolina, Case No. 3:21-cv-173.
Successfully sued to recover losses resulting from underlying claim against client that provides clinical research services in the pharmaceutical, biotechnology and clinical device industries. Federal Ins. Co. v. Premier Research Group, U.S. District Court, Middle District of North Carolina, Case No. 1:19-cv-01051.
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 resolutions of two related lawsuits seeking over $26 million in coverage under all-risk property policies sold to client, the owner of a luxury apartment complex, which included winning crucial choice of law ruling on behalf of client in the North Carolina Business Court. American Realty Advisors v. Lloyd's Underwriters, U.S. Dist. Court, Eastern District of North Carolina, Case No. 5:16-cv-940; SVF Weston Lakeside, LLC v. Lexington Ins. Co., North Carolina Business Court, Case No. 18-CVS-5171.
Counseled client on insurance coverage issues in path-breaking mass tort bankruptcy case and defended consensual plan of reorganization against objections by insurance companies. In re Garlock Sealing Techs. LLC, 2017 WL 2539412 (W.D.N.C. 2017).
Secured client's coverage rights relative to underlying catastrophic injury tort action in Texas state court. Carrillo v. Caliber Collision LLC, Nueces County, Texas District Court, Case No. 2019-CCV-61387-2.
Sued insurer to cover client in relation to class action toxic tort action in California. ScentAir Technologies, LLC v. CNA Financial Corp, Mecklenburg County, North Carolina Superior Court, Case No. 20-CVS-5726; 2019 NCBC 58.
Successfully pursued recovery of defense costs incurred by client defending underlying construction lawsuit in Florida. 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.
Secured insurer's agreement to defend client in 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.
News & Events
News
- Nov. 6, 2023
- Aug. 17, 2023
- July 17, 2023
- Jan. 20, 2023
- Nov. 4, 2022
- Aug. 23, 2022
- May 17, 2022
- Jan. 14, 2022
- Nov. 18, 2021
- Aug. 26, 2021
- Jan. 15, 2021
- Nov. 5, 2020
- Aug. 20, 2020
- 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
- June 1, 2015
- April 28, 2015
- Jan. 5, 2015
- Rankings 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
- Rankings 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
Events
Sheraton Charlotte Hotel
555 S. McDowell St., South Tower
Charlotte, NC 28204June 15, 2023North Carolina Bar Center
8000 Weston Parkway
Cary, NC 27511Jan. 27, 2023Via webinar and in person at the North Carolina Bar Center
8000 Weston Parkway
Cary, NC 27513Jan. 28, 2022Via webinar
Sept. 21, 2021Via webinar
April 21, 2021Via webinar
Jan. 29, 2021Via webinar
Jan. 29, 2021North Carolina Bar Center
8000 Weston Parkway
Cary, NC 27513Jan. 30, 2020North Carolina Bar Center
8000 Weston Parkway
Cary, NC 27513Jan. 31, 2019Port-au-Prince, Haiti
May 16, 2017Robinson Bradshaw
101 N. Tryon Street, Suite 1900
Charlotte, North CarolinaNov. 13, 2015via Webinar
July 29, 2014Hyatt Place Charlotte Downtown
222 South Caldwell Street
Charlotte, North CarolinaApril 8-9, 2014Charlotte Marriott SouthPark
2200 Rexford Road
Charlotte, North CarolinaApril 11, 2013Bryon's South End
101 W. Worthington
Charlotte, North CarolinaNov. 7, 2012The Double Tree Hotel
2600 Yorkmont Road
Charlotte, North CarolinaNov. 16, 2011Hampton Inn & Suites
Charleston/Mt. Pleasant - Isle of Palms
1104 Isle of Palms Connector
Mount Pleasant, South CarolinaOct. 26, 2011
Insights
- June 27, 2022Robinson Bradshaw Publication
- Dec. 19, 2017Business North Carolina
- Feb. 20, 2017Robinson Bradshaw Publication
- 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