Insurance Recovery

Since the Firm’s inception, a substantial amount of our practice has been devoted to representing and counseling policyholders in disputes with insurance companies. The Firm has had great success in obtaining insurance coverage for a wide range of liabilities and losses. Our attorneys have recovered well over $80 million in insurance proceeds for our clients.

Insurance Counseling

From the first notice of a claim or loss, we work with policyholders to maximize their insurance coverage. Our lawyers regularly guide policyholders through the maze of an insurance claim, including submitting proofs of loss, responding to reservation of rights letters, and monitoring an insurance carrier’s defense of a lawsuit. By providing our clients with coverage advice early in the claims process, we are able to help them preserve their insurance coverage and ensure that their rights are protected. In addition, we frequently advise clients on a variety of insurance and risk management issues. From analyzing insurance coverage for specific liabilities to advising in the purchase of policies, our attorneys help best position our clients in the event of a claim or loss.

Insurance Coverage Litigation

While our attorneys are frequently able to obtain insurance recoveries for our clients without resorting to litigation, we are also regularly involved in coverage lawsuits. The Firm’s insurance litigation experience is broad both geographically and substantively. The Firm has litigated coverage disputes in state and federal courts around the country. In addition to declaratory judgment actions and claims for breach of contract and bad faith, the Firm has experience in actions involving the reformation of insurance policies and reconstructing lost policies. The Firm litigates against many of the largest domestic and international insurance carriers, and has successfully tried coverage lawsuits to verdict.

Industries Represented

The Firm has represented a wide variety of policyholders, from large national corporations to individuals. The Firm’s clients include manufacturers, distributors, hotel and restaurant operators, general contractors, subcontractors, law firms, community centers, interstate petroleum pipeline carriers, and home services companies.

Types of Claims

The Firm’s insurance coverage experience includes environmental claims, construction defect claims, commercial property losses, business interruption claims, intellectual property claims, claims for punitive damages, disability and health claims, malpractice claims, aviation risks, and directors’ and officers’ liability exposure.

Insurance Policies

The Firm has provided coverage advice and litigated cases involving nearly all commercial insurance products, including:

  • Commercial General Liability
  • Umbrella/Excess Liability
  • Employment Practices Liability
  • Directors and Officers Liability
  • Professional Liability
  • Builder’s Risk
  • Commercial Property
  • Homeowners
  • Inland Marine
  • Jewelers Block
  • Disability

The Firm’s experience includes both “occurrence” and “claims made” policies.

Bad Faith and Extra-contractual Claims

Many of the cases handled by the Firm involve claims of bad faith and extra-contractual damages. As a result, the Firm has extensive experience in prosecuting bad faith claims handling, negligent and bad faith failure to settle, and various statutory bad faith claims.

Broker Liability

As an offshoot of the Firm’s Insurance Recovery practice, our attorneys also represent policyholders in claims against their insurance brokers for failure to procure and maintain coverage.

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Shattuck Ely

SHATTUCK “TUCKER” ELY

tely@fellab.com

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