Insurance Recovery

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 cybersecurity incidents and 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 paid for. 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 engagements.

• 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 presented at Bar-sponsored CLE programs.

• Represent United Policyholders, the nation's leading advocate for policyholder rights in cases presenting issues of first impression in North Carolina. These cases include an appeal of a ruling that the insureds are entitled to coverage of their COVID-19-related business interruption losses. We also represent United Policyholders in a case of first impression 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.

• Represent a university in an action seeking coverage for antitrust claims under a D&O policy. Duke University v. National Union Fire Ins. Co. of Pittsburgh, Pa., et al., No. 5:23-cv-00744-M (E.D.N.C.).

• Represent a public company in a federal lawsuit against 22 of its insurers for coverage related to thousands of claims against our client in the PFAS multidistrict litigation. BASF Corp. v. AIU Ins. Co., et al., U.S. District Court, District of South Carolina, Case No. 2:24-cv-993.

• Represent a public company to secure insurance coverage for premises liability claims arising from a fatal shooting at our client’s retail store. Estate of Goodman v. Pilot Travel Centers LLC, Mecklenburg County, North Carolina Superior Court, Case No. 23-CVS-14632. 

• Successfully sued an insurer to recover a public-company client’s attorneys’ fees incurred defending underlying catastrophic personal injury litigation in Texas. Martin Marietta Materials, Inc. v. United Fire Group, Inc., Wake County, North Carolina Superior Court, Case No. 24-CVS-000827-910.

• Regularly represent policyholders in claims to recover losses caused by data breach, ransomware, fraudulent wire transfers and other cybersecurity incidents.

• Steve DeGeorge, co-chair of our Insurance Recovery Practice Group, is an expert witness in cases in which insureds seek recovery of legal fees and other costs in defending underlying litigation for which insurers wrongfully denied their duty to defend, including expert testimony on the reasonableness of $55 million in defense costs a public-company client incurred defending mass tort litigation.  

• 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.

• Represent clients to secure coverage under an umbrella policy for a wrongful death claim arising from a fatal boating accident. Koenigsberg v. Hull & Company, Union County, North Carolina Superior Court, Case No. 23-CVS-590. 

• 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.

• Counseled a client on a broad range of domestic and international insurance issues implicated by the tax-free spinoff of a $3 billion business.

• 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.

Honors & Recognitions

• Best Law Firms, Charlotte Tier 1 for insurance law, 2014, 2020-26; Charlotte Tier 1 for litigation - insurance, 2020-22, 2024-26

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