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Insurance Recovery

Insurance Coverage - Policyholder

Kasowitz’s award-winning Insurance Recovery Practice Group includes attorneys with over 30 years of coverage experience focusing exclusively on representing corporate policyholders around the world in disputes with their insurance companies.

Kasowitz’s Insurance Recovery Practice Group has one primary objective – maximizing each client’s bottom line by successfully assisting corporate policyholders in securing revenue from insurance policies through litigation and alternative forms of dispute resolution.  In this regard, Kasowitz has successfully recovered more than $5 billion on behalf of a diverse group of Fortune 500 and other companies involved in, among other things, manufacturing, chemical, entertainment, pharmaceutical, financial, education, and healthcare industries.  Much of the group’s success is directly related to its commitment and willingness to develop creative and cutting edge solutions to resolve insurance problems. 

Our approach is decidedly aggressive.  We work closely with our clients in developing these strategies, and are particularly attentive to the broader business, legal, and public relations implications of the matters we handle.  Our partnership with our clients and trial-ready reputation and successes have been the basis for achieving favorable results for our clients not only at trial, but also through settlements and alternative dispute resolution procedures.

Recognizing the talent, depth and success of the group, Law360 named Kasowitz’s Insurance Recovery practice group “Practice Group of the Year,” based on the significance, number, size, and complexity of the insurance matters worked on in 2014, 2013 and 2011.  Kasowitz also received, for the second time, the prestigious Chambers USA 2014 Award for Excellence, citing “Kasowitz has grown into a powerhouse over the past year with its presence on behalf of policyholders nationwide.”  The group is also recognized as the top-ranked policyholder practice in New York by Chambers USA, the only law firm to receive the survey’s top distinction, and as one of the leading practices in the U.S. according to the most recent legal rating guidelines published by Benchmark Litigation and Legal 500.  Further, the only three policyholder-side insurance coverage attorneys included in the Lawdragon list of the 500 best attorneys in America were all from Kasowitz’s Insurance Recovery Practice Group.

Notable representations include:

  • Favorably settled a coverage litigation dispute for the International Union of Operating Engineers (IUOE) over racketeering and labor law-related suits brought against the IUOE.  Kasowitz created important legal precedent for California policyholders in this decision of first impression in California state court.  The parties disputed under a policy that required the insurer to "advance" defense fees, rather than "defend" claims, and whether the insurer must pay for claims that only "potentially" triggered coverage.  Insurers with "duty to advance" language often quoted to a federal decision, Jeff Tracy, to claim their policies require a higher standard to trigger coverage.  In September 2014 summary judgment proceedings, the court ruled that both the "duty to defend" and to "advance" are triggered by the "potentiality" standard and rejected application of Jeff Tracy.  The ruling helped to expand California policyholder protections.
  • Obtained a nationally acclaimed summary judgment ruling for Signal Products, the then-handbag licensee for Guess Inc., through which Kasowitz created favorable policyholder law on three issues of first impression in California stemming from a coverage dispute over Gucci's $100 million infringement claim against Signal.  In particular, the court rejected popular insurer defenses regarding payment for "independent defense counsel" expenses.  The court also rejected insurer arguments that policyholders may hire only one firm to defend litigation, even when multiple firms are necessary.  Lastly, the court ruled that insurers cannot avoid unfavorable information obtained by underlying defense counsel hired by the insurer, instead ruling that information learned by counsel is imputed to the insurer.

Accolades

  • Chambers USA (2011-2015)
    • Winner of the prestigious Chambers USA 2011 and 2014 Award for Excellence for Best Policyholder Coverage Practice.
    • Exclusive top tier ranking for Insurance: Dispute Resolution: Policyholder in New York.
    • Top tier ranking for Insurance: Policyholder in California.
    • Top tier ranking nationally for Insurance: Dispute Resolution: Policyholder.
    • Four individual attorneys recognized, and one attorney honored with the only “Star” ranking in insurance in 2013.
  •  Law360 (2011, 2013-2014)
    • Honored as “Insurance Group of the Year.”
    • Honored among 2015 "Insurance All-Stars." 
  • U.S. News – Best Lawyers “Best Law Firms” (2012-2016)
    • Top tiers for Insurance Law Nationwide, New York, Los Angeles and San Francisco.
  • Benchmark Litigation and Benchmark Plaintiff (2011-2015)
    • Top tiers nationally for Insurance and Insurance Plaintiff.
  • Lawdragon 500 (2011-2015)
    • Two individual attorneys honored as “Leading Lawyers in America,” the only policyholder counsel recognized.
  • The Legal 500 (2013-2015)
    • Top tier ranking nationally for Insurance: Advice to Policyholders.
    • Three individual attorneys recognized as “Leading Lawyers.”
  • Benchmark Litigation (2012)
    • Two individual attorneys recognized as “Top 250 Women in Litigation.”
  • Benchmark Annual Awards Shortlist (2013-2016)
    • Nominated as a “Northeast Insurance Firm of the Year” (2013).
    • Nominated for the "Practice Area Awards: Insurance" (2014-2016). 
  • Who’s Who Legal (2012)
    • Four individual attorneys recognized.

Highlights 

Law360 Recognizes Kasowitz as an Insurance All-Star

Kasowitz is among just three law firms named to Law360's 2015 list of "Insurance All-Stars," which recognizes "three firms [that] have consistently shown they can win big in significant insurance cases."


Chambers USA 2016 Ranks Kasowitz as Leading Insurance Law Firm

Chambers USA 2016 has again ranked Kasowitz as a leading Insurance law firm.  Partner Jerold Oshinsky is described as "a brilliant lawyer who knows all the key players and their strategies."  Partner Linda Kornfeld is described as "professional, economical, very direct and matter-of-fact."  To read more please click here.


Legal 500 US 2016 Recommends Kasowitz Insurance Recovery Practice Group

Legal 500 US 2016 has again recommended Kasowitz, highlighting the firm as providing the most cutting edge and innovative advice to corporate policyholders nationwide. To read more, please clck here.