Insurance

Munger, Tolles & Olson has an experienced and cost-effective insurance recovery practice, having obtained more than $2 billion in insurance benefits to date for our clients. The practice includes extensive litigation and arbitration experience, often turning outright insurance coverage denials into insurance payments. Our practice includes representing policyholders in all types of insurance coverage litigation and arbitration, analyzing insurance issues for our clients, and advising clients on restructuring their corporate insurance programs.

We specialize in handling insurance matters under all types of business-related policies, including

  • general liability
  • directors and officers liability
  • fidelity bond and crime
  • errors and omissions, including attorney malpractice
  • employment
  • environmental impairment
  • engineering and architecture liability
  • business interruption
  • first party property damage

We also represent clients in reinsurance litigation and disputes. We strive to provide clients with exceptional results at a lower cost by leanly staffing cases and working efficiently.

The firm’s recent, high-level matters include representing: 

  • An international oil company in five-related international arbitrations, resulting in a recovery of over $285 million from insurers for environmental liabilities.
  • A petroleum refiner in collecting more than $75 million in losses, including for business interruption, arising from a refinery fire.
  • A title company in obtaining well in excess of policy limits from a breaching errors and omissions insurer.
  • Outside directors of a defunct financial institution in a novel settlement of a high-profile lawsuit, using only insurance assets by assigning policy benefits to the plaintiff after the insurers had denied coverage.
  • A public company in obtaining a duty to defend ruling for a construction defect case, from the U.S. District Court, based on a complicated choice of law analysis.
  • A public company in obtaining a settlement in which its insurer agreed to pay 85% of the defense costs for a major litigation involving alleged damage to off-shore and on-shore drilling rigs. The case involved substantial conflict of laws issues. 
  • A major retailer in an insurance dispute with the insurer of its third party workers’ compensation administrator (TPA). The dispute stems from the retailer’s successful arbitration against the TPA. The insurer initially refused to pay the arbitral award, but eventually paid more than half of it.
  • An investment partnership in obtaining insurance coverage under an errors & omissions policy for investment advisory services claims, after the insurer denied coverage, arguing that the claims were made prior to the policy period. The insurer reversed itself and paid full defense costs.
  • Several closely held related companies in obtaining full insurance coverage for fire suppression damages claims asserted by governmental agencies arising from the second largest forest fire in California history. Obtained full policy benefits after one insurer initially denied coverage.
  • A limited partnership in obtaining defense and indemnity coverage for a bankruptcy court proceeding in which the plaintiff alleged a fraudulent transfer.
  • A public company in a series of cases alleging injury or wrongful death due to asbestos exposure.  
Contact:
Cary B. Lerman (213) 683-9163