Insurance Coverage and Recovery

Kean Miller represents policyholders in coverage analysis and disputes with insurance companies. Our engagements include litigating against insurance companies, providing coverage opinions, analyzing reservation of rights letters, challenging denial of coverage letters, reviewing insurance policies, providing risk management services, and negotiating coverage enhancements, exclusions and manuscript endorsements. Kean Miller protects our client’s coverage position prior to and during the claims process by satisfying policy notice requirements, complying with policy terms and conditions, and documenting claims – all important steps that can avoid loss or denial of coverage and maximize your chances of insurance recovery.

Members of our Insurance Coverage and Recovery Team frequently speak and write on insurance coverage and indemnity issues. Our Team includes members of the ABA’s Tort Trial and Insurance Coverage Litigation Committee (“TIPS”), co-authors of a chapter in the ABA's "The Reference Handbook on the Commercial General Liability Policy" concerning triggers of coverage, past Vice Chairmen of the American Bar Association Insurance Coverage Committee, a past editor of the International Risk Management Institute CGL Reporter, and a past editor of TIPS’ Annual Insurance Survey.

Coverage Litigation, Mediation, and Arbitration

Our Insurance Coverage and Recovery Team has had success in litigating, mediating, and arbitrating insurance coverage and bad faith disputes. Our experience includes advising and representing clients in complex insurance matters involving multiple insurance carriers, with multiple insurance policies (where vertical and horizontal exhaustion are typically in issue), in excess liability situations. We have obtained coverage, including defense expenses and indemnity, for policyholders and additional insureds in connection with environmental and toxic tort actions, legacy lawsuits, professional liability claims, products liability lawsuits, governmental investigations, intellectual property claims, directors' and officers' disputes, property losses, and business interruption losses under commercial general liability ("CGL"), directors and officers liability ("D&O"), employment practices liability ("EPLI"), fiduciary liability, pollution and remediation legal liability ("PLL"), crime, and builder's risk insurance policies.

Risk Management

The Insurance Coverage and Recovery Team also provides coverage advice for parties involved in acquisitions and mergers by structuring transactions to maximum insurance coverage. The Team provides clients with assistance in the review and negotiation of insurance and indemnity provisions in contracts. The Team can also audit existing contracts and insurance programs. Under limited conditions, we have represented specialty risk groups.

---