Insurance Recovery
Your insurance policy is often a lifeline, intended to be there for you in the darkest hours. Our Insurance Recovery attorneys work relentlessly to help ensure you receive the relief you deserve to bounce back from adversity. Our track record speaks for itself.
Summary
When you’re in need of insurance coverage, it’s always helpful to have an ally on your side. Our Insurance Recovery attorneys provide you the expertise to protect your rights under your insurance portfolio through aggressively negotiating and, if needed, litigation. We have resolved numerous contentious claims, many of which were deemed unresolvable, through mediation and arbitration. Our clients include public and private companies, municipalities, nonprofits, educational institutions and individuals, all from a wide variety of industries, including technology, financial services, life sciences, retail, hospitality, multi-media, healthcare, real estate, manufacturing, and construction.
We have recovered millions of dollars in insurance benefits for our clients including defense fees, settlement monies and related damages. Our team includes attorneys who have represented the insurance industry in the past, and therefore possess a deep, inside understanding of the claims process.
Liability: We are experienced with insurance coverage for first and third party liabilities under a wide range of insurance policies and coverages, including general liability, municipal liability, property, business interruption, representations and warranties, pollution legal liability (including for asbestos), directors and officers, employment practices, and errors and omissions.
COVID-19: In the context of COVID-19 losses, we have experience and bandwidth regarding potentially available coverages under property, pollution, and event cancellation policies.
Joint Powers Authorities: We have experience with Joint Powers Authorities and the unique coverage issues presented by these risk pooling mechanisms.
Corporate: Procopio advises its clients on the insurance implications of litigation, mergers and acquisitions, as well as the process of insurance procurement and renewals.
- COVID-19 Business Interruption Losses: Initiated multiple declaratory relief lawsuits in various tribal courts against Lexington Insurance Company, an AIG affiliate, on behalf of Indian Tribes and Tribal Enterprises seeking recovery for significant business interruption losses arising from the COVID-19 pandemic. Defeated initial challenges to tribal court jurisdiction.
- Insurance Coverage Litigation: Represented City of San Diego in prosecution of insurance coverage claims against multiple insurers for liabilities incurred in litigation involving the De Anza Mobile Home Park, resulting in a $7.5 million settlement mid-trial against one insurer, recovery of full policy limits of $2 million via summary judgment against another insurer, and reimbursement in excess of $10 million in defense fees and costs through duration of underlying litigation.
- Duty to Defend: Brought coverage action against insurance company that refused to provide a defense in an underlying Lanham Act lawsuit, obtaining three victories from the Ninth Circuit Court of Appeals and ultimately establishing the insurer had a duty to defend the underlying action, and a duty to indemnify the insured for its settlement of the underlying action.
- High Value First-Party Property Loss Recovery: Successfully negotiated additional mid-seven-figure recovery without litigation after property insurer represented that full policy limits had already been paid on a large fire loss.
- Representations and Warranties Policy Recovery: Negotiated high six-figure recovery on buyer-side representations and warranties insurance policy without filing coverage litigation, with insurer-funded contribution crucial in bridging the gap in settlement figures to resolve contentious arbitration proceeding.
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