Robinson Bradshaw represents policyholders in insurance coverage counseling and dispute resolution, involving all significant types of insurance covering businesses and their management employees. We assist clients, frequently in collaboration with their risk managers and insurance brokers, in identifying, negotiating and securing appropriate coverage, both in the ordinary course and in connection with significant transactions such as the sale or restructuring of a business.
We regularly represent policyholders in complex coverage disputes. Our insurance coverage clients include financial institutions, manufacturers, real estate developers, contractors and other service providers. Although Robinson Bradshaw’s first objective in coverage disputes is to reach negotiated settlements with insurers (through “cost share” and “coverage in place” agreements, for example), we are well equipped to pursue litigation or arbitration to help our clients secure all coverage rights to which they are entitled. We have substantial experience prosecuting “bad faith” and “unfair and deceptive trade practices” claims against insurers who act unreasonably in failing to provide a defense and/or indemnity protection to policyholders.
In particular, Robinson Bradshaw has extensive experience representing policyholders in large, complex declaratory judgment actions regarding liability insurance for asbestos, environmental, and other toxic tort and product liability claims. As a part of dispute resolution practice, our lawyers have obtained favorable rulings requiring, among other things: joint and several defense of our clients with respect to long-tail toxic tort, asbestos and environmental claims; immediate participation of excess insurers and the consequent rejection of horizontal exhaustion theories; elimination of claimed retrospective premiums charged by insurers without legal basis; substantial reduction of per-claim deductibles arising out of a single occurrence; assumption by insurers of duties under policies proved solely through secondary evidence; and elimination of all charges for defense and indemnity costs to policyholders for “gaps” in toxic tort coverage.