Capabilities

Insurance Coverage and Recovery

Our Insurance Coverage and Recovery team represents companies in many industries, including pharmaceutical and healthcare, energy, financial services, manufacturing, food and beverage, retail, and the real estate industry, among others. We represent our policyholder clients in complex, oftentimes bet-the-company, coverage disputes with their insurance companies. We serve as trial counsel across insurance claim categories, including first- and third-party claims, and in matters involving captives and self-insurance. Our established willingness to pursue claims through trial increases our clients’ opportunities for early settlement, and has allowed us to recover nearly $4 billion for our policyholder clients over the last 15 years through a combination of trials, international and domestic arbitrations and mediations.

To ensure effective representation and eliminate the conflicts of interest that plague other firms, we serve policyholders exclusively. Our track record spans all lines of insurance coverage, including:

property damage and business interruption;

cyber liability;

professional liability (E&O);

directors and officers (D&O) liability;

fiduciary liability;

general liability;

environmental, asbestos, mass tort and pollution claims;

construction disputes;

advertising injury and product recall;

M&A/representations and warranty;

bad faith denial of coverage; and

other manuscripted lines of coverage.

Whether a company is facing devastating business interruption losses resulting from a natural disaster, a fast-moving whistleblower investigation, or bet-the-company product liability, mass tort, or environmental claims, King & Spalding has repeatedly demonstrated its ability to help clients maximize their insurance assets when they need them, regardless of the type of coverage or industry sector. Our deep experience in international insurance markets and in handling cross-border disputes with insurers and our Firm’s global platform allow us to efficiently and effectively pursue insurance recoveries around the globe in various venues. We also handle litigation of contractual indemnification and contribution claims for losses following breach of contract, or problems associated with asset sales, divestitures, and other corporate breakups.

To help position policyholders favorably for future coverage disputes or to help circumvent these types of disputes altogether, our team also provides the full range of insurance advisory services, including:

Negotiating best-in-class terms and conditions, conducting insurance gap analysis of clients’ insurance programs, and including analyzing consistency across clients’ entire insurance programs;
Analyzing contractual indemnification clauses and additional insured endorsements to confirm alignment of the provisions in order to minimize exposure;
Assisting policyholders and their brokers with all phases of insurance claims analysis, claims submission, claims adjustment and pre-litigation settlement negotiations;
Advising senior management and boards on various insurance related issues, including on D&O indemnification and insurance, cyber insurance and best practices, and enterprise risk management concerns; and
Working with policyholder clients to best allocate insurance assets in corporate mergers and acquisitions, particularly where one or both of the parties have significant potential liabilities arising from asbestos, environmental, lead paint, or other long-tail exposure claims, as well as in related representations and warranties insurance policies.