Another of the Firm’s special strengths is its experience in recognizing and maximizing a client’s recovery via assertion of rights in connection with insurance policies or indemnity contracts. Risk transfer is at the heart of risk management for business operations when potential liability cannot be eliminated. Therefore, most businesses utilize insurance policies, or indemnity provisions in contracts with their business partners (vendors, subcontractors, etc.), or a combination of both. When losses occur, there usually are multiple policies with varying terms, owned by different policyholders, potentially with coverage applicable to the loss. The duty to defend a claim, both under an insurance policy or a private indemnity clause in a contract, is broader (and many times more costly) than the ultimate duty to pay for the loss. Complex issues arise quickly.
Determining and aggressively asserting rights to defense and indemnity early in a dispute are key elements of successful overall outcomes in many instances for clients.
The firm has had extraordianary success in enforcing (and collecting on) insurance policies and indemnity agreements through lawsuits and arbitrations.