Insurance Coverage

KMK’s insurance coverage team possesses an exceptionally broad understanding of the many aspects of insurance law and regularly guides clients through complicated insurance matters. We have extensive knowledge of policy forms and endorsements, experience in dealing with policyholders, insurers and brokers, and an intimate knowledge of insurance law.  In addition to representing public and private corporations, we represent all of KMK’s mass tort settlement trust and claims resolution company clients on a variety of insurance coverage issues, and handle coverage disputes for these clients as they arise. 

Policy Review, Analysis and Consultation
We routinely review and analyze individual insurance policies and, frequently, entire insurance programs. Our goal is to ensure that the insurance policies purchased by our clients accurately state the coverage our clients desire.  In many cases, we are able to negotiate with insurance companies for enhanced policy provisions that provide broader coverage and protection for our clients. 

We consult with our clients about virtually all types of insurance policies, including cyber, director and officer liability, professional liability, employment practices liability, fiduciary liability, comprehensive general liability, excess and umbrella liability, property and casualty, and automobile policies.

Claims Handling / Litigation
We regularly handle significant coverage disputes involving multiple insurers, as well as the relatively straightforward disputes involving two parties. And as part of a full-service law firm, our insurance coverage attorneys are able to call upon the experience of attorneys in banking, bankruptcy, corporate, employment, finance, real estate, securities and tax matters.

We also routinely assist clients in presenting insurance claims to the appropriate insurers in such a way as to increase the likelihood of coverage. We analyze coverage and present detailed claims submissions to insurers for losses under various types of insurance policies in ways designed to protect the rights and maximize the benefits promised to our clients under their insurance policies.  We also work to minimize legal costs and maintain the important relationships that may exist between our clients and their insurers.  

Because we understand the impact of litigation on our clients, we focus on resolving coverage disputes as early as possible and without the necessity of litigation. However, litigation is sometimes necessary; we have a long history of successful trial experience litigating insurance coverage, including defending clients against declaratory judgment actions filed by insurance companies.

Our representative insurance coverage engagements:

• Review of insurance programs (consisting of numerous insurance policies) for several public and private companies. These reviews identify: whether you are paying for coverage that is unnecessary; whether the proper entities are insured; potential gaps in coverage; and various coverage terms that could be modified to improve coverage. We often work with our clients’ brokers to improve the coverage terms and to address the coverage issues identified in the review.
• Engaging in negotiation with insurers after our clients receive letters declining to defend or cover a claim, or threatening to not defend or cover a claim.
• Negotiation and litigation for our mass tort settlement trust clients to establish their rights to both a defense and indemnification for personal injury and property damage claims. This work has included litigating to establish coverage under missing policies, pursuing claims against insolvent insurers and pursuing claims against foreign insurers, both solvent and insolvent. The value of coverage established through these efforts is in excess of $100,000,000.
• Negotiation and successful litigation of multi million dollar plus settlements and judgments on executive risk excess liability policies in which insurers disputed coverage.
• Negotiation and litigation resulting in several million dollar settlements with general liability and excess liability insurers (domestic and non-domestic) on environmental claims that the insurers initially refused to cover.
• Development of coverage arguments that resulted in our clients obtaining several million dollar recoveries from the insurers on business interruption claims and property damage claims related to natural disasters such as hurricanes and earthquakes.
• Negotiation of several settlements of over $1 million on Employment Practices Liability (EPL) claims that insurers initially denied.
• Successfully negotiation and litigation to establish coverage for our clients as additional insureds under the policies of their business partners with whom they had contracts.
• Presented, negotiated and litigated claims under their crime coverages for losses sustained as a result of embezzlements or thefts by both their employees and third parties. These engagements have resulted in the recovery of million dollar plus insurance payments to reimburse our clients for their losses.