Paley Rothman’s Insurance Recovery group represents policyholders in virtually every insurance context. The risks and exposures that give rise to insurance disputes are unbiased in that any company that faces exposures for its own particular business or operations may have insurance available to pay the costs of defense as well as any settlement or judgment. Relevant insurance policies include those designed to cover third party liability as well as government investigations, alleged securities violations, and virtually any activity that puts the company or its directors and officers at risk.
To understand the depth of your coverage requires a deep working knowledge of all policy forms including, among others, general liability, D & O, E & O, Employment Practices Liability (“EPL”), fidelity, first party property and any version in a given comprehensive insurance portfolio. Although insurance policies and an insurance portfolio may seem associated with standard forms, often a closer look reveals nuances that can broaden or narrow the scope of coverage. We have relevant experience that can proactively support navigating an analysis designed to maximize the full benefits of any policy as it relates to a given problem.
Insurance recovery demands the full command of all forms of dispute resolution since any given coverage claim can be highly disputed. The dispute resolution process often begins from the initial engagement with the insurance company. It is critical to control the narrative from the outset of a claim. The process involved in securing coverage begins with the provision of timely notice and continues through any number of channels both in and out of court. To that end, we are prepared to take any dispute through the entire adjudicative process. We have successfully represented our clients in all levels of court proceedings including at trial and on appeal. We have established precedent in the US Courts of Appeal in the Second, Third and Fourth circuits. In the Second Circuit, in a decision of wide reach, we established the precedent that required insurance companies to pay defense costs incurred in responding to government investigations before a suit in court is filed, as well as the obligation to pay special litigation counsel fees in the context of derivative litigation. The obligation to pay defense costs right from the initiation of a government investigation opens up vast amounts of insurance proceeds that might be incurred and lead to a resolution before any suit is even filed. MBIA, Inc. V Federal Ins. Co., 652 F. 3rd 152 (2nd Cir. 2011).
We are also mindful that resolution of insurance recovery disputes is achievable short of trial. Settlement is never the orphan and we are poised to work with the client to seize opportunities at any point in the process. We have negotiated coverage-in-place agreements for companies faced with ongoing underlying litigation such as that historically presented in the context of asbestos. We also make full use of the entire spectrum of dispute resolution such as mediations or private, custom designed ADR to resolve a discreet issue that might allow a global resolution to be fashioned.
Our insurance practice is also national and international in scope. Insurance recovery disputes are contested in state and federal courts nationwide and we are prepared to protect our clients’ interests wherever the dispute may take us.
Many insurance portfolios contain what is called the Bermuda form policy. Under that policy, disputes are resolved in the U.K. under New York law. The Bermuda form policy has certain unique provisions that demand a full understanding of the implications of those provisions as they apply from claim to claim. We have extensive experience with the Bermuda form, having been involved in the resolution of disputes from the genesis of the form itself. We have in-depth working knowledge of the unique process that is very much a part of crafting a framework in which to resolve a Bermuda form dispute.
Our insurance recovery lawyers also recognize that insurance disputes are not resolved in a vacuum. It is not just the interpretation of insurance policy terms that drive any given dispute. The application of many terms and conditions as well as how best to position a given claim to maximize coverage is dependent on an understanding of the underlying problem itself. Every problem has its own story and the right insurance recovery story can only be crafted through a keen appreciation of the client’s business as well as the nature of the underlying claimant’s characterization of its claim and the client’s defenses. We work closely with the client as well as underlying defense counsel to ensure a seamless, multi-dimensional representation is in place. With such a comprehensive strategy, we are able to remain flexible and creative in the effort to achieve the best result for a given client and given problem.
May 2, 2022
Paley Rothman Co-President, Jim Hammerschmidt commented in the article "Downtown DC Firms Become an Increasingly Attractive Option for Suburban Lawyers" published on April 28, 2022.Read More
Philip Vera Cruz & Modesto “Larry” Dulay Itliong - Filipino American Labor Leaders and Civil Rights Activists
Although a decade apart, both Philip Vera Cruz and Modesto “Larry” Duly Itliong were born in the Philippines and then came to the United States when they were young men.Read More
Paley Rothman is proud to announce that three of our distinguished attorneys were named 2022 Washingtonian Top Financial Advisers for the 3rd consecutive time amongst approximately 50 Top Estate Attorneys in the DC Metropolitan area. We are honored to have Jeffrey Kolender, Paula Calimafde, and Michelle Chapin in our sophisticated and caring estate planning and estate administration groups. Both groups are known for their familiarity with cutting edge techniques while providing exceptional service to our clients.
Paley Rothman is pleased to announce that 10 of the firm’s attorneys have been named Maryland Super Lawyers for 2022 and two have been selected as Rising Stars. Glenn Cooper has been ranked as a Maryland Super Lawyer Top 10 for the eighth consecutive year and has been on the Super Lawyers list for the past 15 years. Trish Weaver was also honored as one of Maryland's Top 50 Women Super Lawyers, a spot she has held four times in the last six years.
For the 10th year in a row, Paley Rothman earned national and local honors in U.S. News - Best Lawyers® 2022 “Best Law Firms” rankings.