Insurance Recovery

Coverage Analysis and Claims Strategy

• Advised policyholders on insurance coverage strategy involving complex commercial losses, helping preserve coverage rights and maximize recovery under a broad range of commercial insurance policies.
• Counseled businesses on coverage issues involving general liability, property, business interruption, D&O, employment practices liability, professional liability, representations and warranties, pollution legal liability, and wrap-up insurance programs.
• Assisted clients in developing claims strategies that resolved coverage disputes efficiently while preserving long-term business and insurer relationships.

Insurance Claims and Recovery

• Recovered millions of dollars in defense costs from multiple insurers for a client involved in the construction of a data center, resolving complex coverage disputes without filing litigation.
• Represented the owner of a luxury lodge following a catastrophic fire, recovering nearly four times the insurer’s initial settlement offer without filing suit.
• Successfully recovered insurance proceeds, defense costs, settlement funds, and other policy benefits for businesses and organizations across a wide range of industries.

Coverage Disputes and Litigation

• Obtained summary judgment on behalf of a commercial developer establishing insurance coverage under a wrap-up commercial general liability policy, securing the insurer’s duty to defend in a complex construction defect dispute involving completed operations coverage.
• Successfully represented a developer in federal insurance coverage litigation involving completed operations coverage under a wrap-up insurance program, obtaining summary judgment establishing the insurer’s duty to defend.
• Successfully defended favorable insurance coverage rulings through multiple California appellate proceedings involving insurance contract and bad faith issues.
• Represented municipalities, businesses, and other policyholders in insurance coverage litigation, arbitration, and mediation involving complex commercial losses.

Construction and Project Insurance

• Advised clients on insurance coverage issues arising from major construction projects, including wrap-up insurance programs, completed operations coverage, and construction defect claims.
• Represented municipalities and commercial clients in insurance recovery matters involving environmental claims, construction disputes, and large-scale development projects.
• Counseled project owners and contractors on insurance recovery strategies designed to protect significant construction investments and reduce uninsured exposure.

Executive, Professional, and Specialized Coverage

• Advised clients on insurance recovery involving directors and officers liability, employment practices liability, professional liability, pollution legal liability, and representations and warranties insurance.
• Represented organizations across the technology, healthcare, financial services, hospitality, real estate, manufacturing, and construction industries in complex commercial insurance recovery matters.

Insurance Recovery as Part of Business Strategy

• Worked alongside Procopio attorneys in construction, commercial litigation, privacy, environmental, and real estate matters to coordinate insurance recovery strategies supporting broader business objectives.
• Helped clients maximize available insurance assets while managing parallel commercial disputes, regulatory issues, and litigation involving significant operational and financial risk.

When should a business involve insurance recovery counsel?

As early as possible. Legal guidance before or immediately after a claim is submitted can help preserve coverage, avoid procedural mistakes, and position the claim for a stronger recovery. Early involvement is particularly valuable when losses are significant, multiple policies may apply, or coverage questions arise.

My insurance company has not denied my claim. Do I still need an attorney?

Often, yes. Many coverage issues can be resolved before a formal denial occurs. We regularly help clients evaluate policy language, respond to requests from insurers, document losses, and negotiate claims in ways that improve the likelihood of a successful outcome while avoiding unnecessary disputes.

What types of insurance policies do you help clients recover under?

We advise clients on a wide range of commercial insurance policies, including property, business interruption, commercial general liability, directors and officers (D&O), employment practices liability (EPLI), professional liability (E&O), cyber, pollution legal liability, representations and warranties, and construction wrap-up policies.

What should a business do immediately after a significant loss?

Promptly notify the insurer, preserve relevant records, document losses, and review applicable insurance policies. Avoid making assumptions about what is or is not covered. Early coordination with legal counsel can help protect coverage rights and reduce disputes later in the claims process.

Can insurance coverage disputes be resolved without litigation?

Yes. Many disputes can be resolved through negotiation, mediation, or other alternative dispute resolution processes. Our goal is to maximize recovery efficiently while minimizing unnecessary cost and business disruption. When litigation becomes necessary, we are prepared to advocate aggressively on our clients’ behalf.

How do construction projects create unique insurance issues?

Construction projects often involve multiple parties, insurers, and overlapping policies, including wrap-up programs, builder’s risk coverage, commercial general liability, and completed operations coverage. Coordinating those policies and preserving coverage requires careful analysis throughout the life of a project.

How do business interruption claims work?

Business interruption coverage may help compensate businesses for lost income and certain continuing expenses following a covered event. Recovery often depends on policy language, documentation of financial losses, and coordination with related property damage or civil authority claims.

What if multiple insurance policies may apply?

Commercial losses frequently involve multiple policies or insurers. We help clients evaluate how policies interact, coordinate claims across carriers, and pursue all available sources of coverage to maximize recovery.

How do you help clients manage the cost and complexity of insurance disputes?

We focus on practical, business-oriented strategies that prioritize early resolution where appropriate while protecting our clients’ long-term interests. Our approach emphasizes efficient staffing, thoughtful negotiation, and litigation only when necessary to achieve the best outcome.

Does it matter that your attorneys have represented insurance companies?

Yes. Experience representing insurers provides insight into how carriers evaluate claims, interpret policy language, and make coverage decisions. That perspective helps us anticipate potential disputes, negotiate more effectively, and develop stronger recovery strategies for policyholders.

When should a company consider changing or expanding insurance coverage counsel?

Companies often seek additional counsel when claims become more complex, involve multiple insurers or significant losses, or require litigation. Businesses may also benefit from specialized insurance recovery counsel when coverage issues intersect with construction, cybersecurity, employment, environmental, or other commercial disputes.