Insurance Coverage Litigation
LPCH represents clients in a wide variety of insurance coverage disputes. We plan and carry out effective strategies for resolving disputes under directors and officers (D&O), general liability, professional liability, property, and reinsurance policies. We regularly represent insurers and insured in dealing with complex property coverage claims. While we litigate coverage disputes, we often draw on our experience prior to filing of suit to provide advice of policy coverage, claim handling, claim analysis, and reinsurance issues.
Our plan for helping clients solve coverage disputes always starts with ascertaining the best route to success. When litigation is the best approach to solving, our lawyers – backed by the deep bench of our renowned litigation practice – seek a successful resolution in the courtroom.
We have represented large insurance carriers in connection with a claim by Wyndham Hotels for business interruption coverage related to the events of September 11th. We obtained court orders striking the Plaintiff’s liability and denying experts, after which we obtained a summary judgment dismissing the case. We successfully defended that judgment at the Court of Appeals and Supreme Court.
LPCH represented the primary layer insurance carriers in a $150 million multi-level property insurance program covering more than 400 separately-owned properties, most of which were located in and around Houston, Texas. Following Hurricane Ike, 18 lawsuits were filed against the primary insurers, seeking in excess of $50 million. The case was unique in that the insurance broker who created the property insurance program at issue was given extensive liberties concerning the program, which have resulted in varying representations (and sometimes alleged policy terms) for the insureds. We successfully resolved all cases on terms that were favorable to our clients.
We have advised and litigated coverage issues under various D&O policies. For example, we have represented the receiver of several large offshore hedge funds in connection with their claims for insurance coverage. We obtained a temporary injunction that prohibited the insurance company from advancing any funds to other potential insureds to avoid diminution of the eroding policy. Then, we convinced the insurance company to tender the policy limits to our client. We have also negotiated coverage issues to obtain D&O coverage for our clients. We represented an officer of the Stanford Financial Group in connection with coverage issues under the D&O policy.
LPCH represented Mary Kay in connection with claims for insurance coverage under their fiduciary liability policy and bad faith claims related to their insurer’s refusal to provide Mary Kay a defense in the underlying litigation in the Eastern District of Texas.