We advise and represent policyholders nationally and internationally in insurance coverage matters in wide-ranging areas, including environmental, products liability, construction defect and management, data breach, directors and officers liability, employment, entertainment, life and health, property damage and loss, collections, business interruption, errors and omissions, bodily injury, workers’ compensation, and wrongful death. We counsel clients in developing risk-management programs, maximizing and preserving insurance assets, and recovering insurance proceeds through negotiations, and, if necessary, litigation. We also assist clients in evaluating contractual indemnification provisions and insurance requirements and in developing plans for compliance with those requirements.
The achievements of our lawyers in this practice include the following:
- Following multi-carrier coverage litigation in Wisconsin, negotiated coverage-in-place agreement worth more than $70 million.
- Prosecuted insurance coverage actions in federal district courts in Pennsylvania, Texas, and Massachusetts, resulting in highly favorable settlement under which insurer funded past and future claims alleging mass product failure across multi-billion-dollar market.
- Counseled multinational chemical company regarding insurance coverage for products liability claim with alleged damages exceeding $1.5 billion.
- Persuaded a property insurer to reverse its denial of coverage and, after continual lowballing of estimated repair costs by the insurer, recovered 100% of the amount of the claim, which involved extensive property damage to a Southern California residence.
- Recovered defense costs incurred in the successful defense of a construction defect litigation in Louisiana.
- Recovered defense costs incurred in the successful defense of two occupational toxic exposure cases in Los Angeles Superior Court.
- Recovered defense costs from insurance carrier in liquidation proceedings in Illinois.
- Renegotiated a London market collections policy to meet policyholder’s expectations for coverage of a $12 million violin while it was on loan to performing violinists.
- Won full insurance coverage for software manufacturer sued for invasion of privacy, along with all costs incurred in pursing coverage.
- Managed coverage among multiple carriers in complex environmental claims in Pennsylvania that involved regulatory proceedings, a class action by property owners, 14 private actions, and cost recovery litigation among potentially responsible parties.
- Managed insurance matters on behalf of owner for $34 million construction project.
- Won recovery from multiple insurers of $2.85 million in coverage fees and defense costs incurred by a client in successfully defending products liability action in Wisconsin alleging $30 million in damages.
- Argued and won reversal in the U.S. Court of Appeals for the Ninth Circuit (KF Dairies, Inc. v. Fireman’s Fund Ins. Co., 224 F.3d 922 (9th Cir. 2000)) in favor of a policyholder in which the Ninth Circuit adopted the after-acquired property doctrine in environmental coverage matter, notwithstanding California appellate authority rejecting that doctrine.
- Litigated environmental coverage against 10+ carriers in one of the largest bankruptcies in the history of the State of California, obtaining millions of dollars in environmental cost recovery and defense costs.
- Argued and won summary judgment in the U.S. District Court for the Central District of California, obtaining coverage for a high-profile performing artist sued for wrongful death.
- Won insurance coverage from multiple off-shore insurance carriers and insurance broker for a performing group under a Lloyd’s of London tour-cancellation policy.
- Obtained coverage for manufacturer’s settlement of multi-plaintiff New Jersey employment action alleging race, sex, and age discrimination.
- Counseled investment management company concerning allegedly interrelated wrongful acts in multiple FIRREA arbitrations.
- Counseled accounting firm in professional liability claim in which non-admitted carrier allegedly engaged in post-claims underwriting.
- Won full insurance coverage for software manufacturer sued for invasion of privacy, along with costs incurred in pursing coverage.
- Advised religious organization regarding insurance coverage for sexual abuse claim under London market policies.
For further information, please contact David R. Scheidemantle at David@Scheidemantle-Law.com or (626) 660-4434.