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Litigation  :  Insurance Coverage

Insurance policies and services:
  • D & O
  • Employment practices liability
  • Pollution legal liability
  • Cost-cap
  • Credit
  • General liability
  • Multi-media
  • Internet
  • First party, all risk, named peril
  • Fiduciary
  • Food Insurance
  • Cyber-insurance 
  • Contractors
  • Wraparound
  • Umbrella
The Lowenstein Sandler Insurance Claims Handling Guide

Lowenstein Sandler's Insurance practice has evolved to meet the needs of its clients. Most recently, the practice has become nationally known in the new area of cyber-insurance, which provides coverage for such intangible exposures as system disruption, lost or damaged data, invasion of privacy, and intellectual property infringement. Many companies do not realize that they are probably uninsured for such claims. Lowenstein Sandler works with its clients to develop insurance programs that address these issues, and resolves insurance claims against recalcitrant insurers arising in these areas.

Directors' and Officers' insurance continues to hold a prominent place as corporate governance issues remain in the forefront. Unlike cyber-insurance, essentially all public companies have D&O. However, many lack the best coverage. D&O insurance policies generally provide much less coverage than insureds realize, and insurers increasingly resist paying claims under these policies. We assist our clients in negotiating and reviewing D&O policies, and represent policyholders in D&O disputes, through negotiation when possible and litigation when necessary.

We also handle a broad variety of other insurance issues. Environmental, asbestos and mass tort insurance claims remain a staple of our practice. We represent clients in disputes under property policies. Broker malpractice is increasingly important. As to the future, we are tracking insurance developments with respect to climate change, including the new policies that insurers are underwriting to cope with this risk.

The attorneys in our Insurance practice succeed in coverage disputes because of our knowledge and experience. There are few generalities in coverage law. We know the ins and outs, state-by- state and policy-by-policy. Each policy type comes with its own set of rules, and insurance law changes fundamentally from state to state.

Our insurance lawyers offer solutions that reflect our facility with this complicated, ever-changing landscape. We thoroughly analyze the insurance policies in question; assemble key documents to prove our clients' claims; craft arguments to dispute coverage denials and improper reservation of rights; file motions regarding the interpretation of key policy provisions; and when necessary, litigate coverage through trial. We have collected hundreds of millions of dollars for policyholders.

We take pride in achieving the most favorable terms for our clients. We know when and how to exert litigation pressure in order to reach settlement and attain the maximum coverage. Our strong relationships and credibility within the insurance community allow us this leverage.





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