Buying insurance coverage is not a one-time event. Circumstances change, laws are adopted, new risks emerge, policies are modified, costs vary and corporate fortunes ebb and flow. And no matter how vigilant the planning, unexpected events inevitably occur. Insurance policies are complex commercial contracts and how these contracts are applied depends on skillful interpretation and advocacy. We draw upon the lessons learned from years of advocacy to help our clients anticipate – and plan for – the evolving insurance environment. 

Insurance issues never arise in isolation. Major business events – such as mergers and acquisitions, changes in corporate structure or control, and restatements of corporate filings – can have significant insurance coverage implications. Insurance issues and claims can also arise in the context of other areas of law – business torts and personal injury, labor and employment, bankruptcies, environmental compliance, corporate transactions and securities, fiduciary duties, professional malpractice, construction and emerging technologies. Our attorneys are experienced in assessing the adequacy of current and proposed insurance assets, and identifying areas in which additional coverage, changes or enhancements may be available.  

"An ounce of prevention is worth a pound of cure," is a fundamental truth. Business risks come from every direction. These include industry-specific, regulatory and competitive issues, as well as general concerns facing any company that has investors, hires employees, manufactures products, provides services or interacts in any way with vendors and customers.

We provide experienced counsel in the following areas of insurance coverage, including: 
  • Commercial crime and fidelity bonds
  • Commercial general liability
  • Cyber-liability and first-party cyber losses
  • E-commerce liability 
  • Advertising and  media liability 
  • Directors and officers liability (D&O) 
  • Employee benefits and fiduciary liability 
  • Financial institutions bonds and bankers’ liability coverage
  • Employee crime/fraud
  • Employment practices liability 
  • Environmental liability and cost-cap programs
  • First-party property/casualty and business interruption
  • Construction insurance, including owners’ and builders’ wrap programs
  • Kidnap and ransom 
  • Nonprofit organization liability 
  • Representations and warranties
  • Offshore punitive damages wrap
  • Private equity and venture capital liability
  • Product liability and recall
  • Professional liability, including errors and omissions (E&O) and malpractice 
  • Terrorism 
  • Tax insurance
  • Workers compensation

Answers & Advice

Our overarching goal is to help clients address known issues and risks while positioning them to respond more effectively to new challenges. To fulfill this objective, we help identify and manage the business and regulatory threats they face every day. This comprehensive approach is reflected by the breadth of counseling and analysis that we routinely provide, including:
  • Reviewing current insurance coverage, identifying gaps in coverage, assessing the adequacy of existing terms and the continuity of excess coverage, and negotiating favorable coverage terms 
  • Evaluating the types of coverage, policies and plans that respond to new risks or are new to the marketplace 
  • Coordinating insurance and other critical company documents, such as bylaws, loan covenants and indemnification provisions of contracts and licenses 
  • Providing insurance due diligence and advice concerning the coverage implications of corporate transactions and other significant business events and developing solutions to insure continuity of coverage 
  • Identifying insurance assets that are responsive to emerging liabilities and providing assistance in developing insurance claim notification protocols and presenting claims for coverage
  • Securing the defense of claims and/or the payment of defense expenses
  • Identifying underutilized historic insurance assets that may provide coverage for current liabilities
  • Negotiating indemnification on behalf of present and former officers and directors 
  • Providing advice concerning the coordination of insurance as a result of additional insured status and/or concurrent coverage 
  • Counseling concerning insurance-related corporate governance and regulatory issues, such as the Sarbanes-Oxley and Dodd-Frank Acts, indemnification for fines and penalties, independent director liability and outside directorships 
  • Exploring alternative risk transfer mechanisms, including captives and risk retention groups 
  • Providing advice concerning contractual risk-transfer mechanisms such as indemnification and hold-harmless agreements and additional insurance requirements 
Through this process, we help our clients manage their risks in a cost-effective and prudent manner so that they can be free to focus on their businesses and their lives.