Insurance Coverage Litigation

Insurance Coverage Litigation

Corporate policyholders look to Waller's litigation attorneys to provide guidance on business issues, such as the interplay between insurance and contractual and statutory indemnification, insurance insolvencies, as well as due diligence and insurance as a part of overall risk management programs. 

Our work includes litigation involving:

  • Coverage issues
  • Policyholder disputes
  • Sales practices
  • Fraud and bad faith
  • Rating and underwriting practices

Clients value our ability to combine deep experience resolving coverage and underlying insurance-related business issues with in-depth knowledge of key industry sectors. Our lawyers have conducted hundreds of insurance program and policy reviews, regularly help establish effective enterprise risk management strategies, and have achieved many of our greatest successes through out-of-court dispute resolution. 

Directors' and Officers' (D&O) Liability

Our litigation team has a proven track record of defending corporate directors and officers when they are held personally liable for their decisions, which result in loss of shareholder value or depletion of corporate assets. We represent D&O liability policyholders in defense of claims involving breaches of fiduciary and other basic duties. 

Cyber Liability

Cyber liability insurance is a complicated and fast moving area of the law as more data moves online every day. We assist policyholders in evaluating, negotiating and enforcing their cyber liability insurance policies. When a claim arises, our team works with clients to best position their claim for maximum insurance recovery.

Commercial Property

Clients facing a catastrophic property loss are focused on mitigating their loss and resuming operations as quickly as possible. With those two goals in mind, Waller's litigation team works with clients to settle commercial property insurance claims, which we treat like any complex business transaction. We work with the policyholder to investigate and document losses, tangible and intangible, and become familiar with the insurance policies - the coverages available, limitations on those coverages, deductibles, conditions and specific requirements necessary to make a claim.

Related Experience

Retailer seeks insurance recovery after denied business interruption claim related to collapse

Represented a retailer in a property insurance and business interruption claim after their business building collapsed, where insurer initially denied any coverage for business interruption insurance coverage.

Pharmaceutical company obtains indemnification following recall

Represented a pharmaceutical company that distributes a generic version of Valsartan medication in seeking indeminty following loss of revenue due to a recall of the medication from the FDA. We successfully obtained full indemnity from the manufacturer.

Professional athlete pursues loss-of-value insurance coverage arising out of collegiate injury

Assisted a professional athlete in securing insurance coverage arising out of an injury he sustained during his collegiate career that affected his draft stock.

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