Insurance Recovery
McGuireWoods has a long history of representing corporate policyholders on insurance matters of all kinds and helping our clients get the most from their insurance programs and policies. Our Insurance Coverage and Recovery team represents companies in many industries, including pharmaceutical and healthcare, energy and utility, financial services, manufacturing, food and beverage, retail, and the real estate industry, among others, and we are well-versed in all lines of coverage.
We know every aspect of insurance, from advising clients on appropriate coverage and risk management strategies, to pursuing and managing claims, to litigating coverage disputes wherever and whenever it is necessary. We represent our insured clients in complex, oftentimes bet-the-company, coverage disputes with their insurance companies.
We combine our extensive insurance recovery experience with the premier trial and litigation capabilities for which McGuireWoods is well known. The deep bench of lawyers in our Insurance Recovery Team regularly litigate high-profile, large exposure insurance coverage actions in state and federal courts nationwide. They also have substantial experience representing policyholders in high-stakes international insurance arbitrations in Bermuda, London, Singapore, and other leading arbitral venues, as well as litigation in London in respect of policies subject to both English and US law.
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 billions of dollars for our policyholder clients, including approximately $1 billion per year each of the past three years—through a combination of trials, international and domestic arbitrations, negotiated settlements, and mediations.
Service Areas
We handle disputes and provide counseling over a broad range of policies and issues, including:
- Commercial General Liability
- Cyber / Data Privacy Liability
- Catastrophic Loss Claims
- Marine Cargo Insurance
- Energy Construction All Risks Claims
- Package Insurance Construction All Risks Claims
- Environmental / Pollution Legal Liability
- Asbestos & Other Long-Tail Exposure Claims
- Products Liability Coverage
- Contractual Indemnity Claims
- Additional Insured Claims
- Directors & Officers Claims
- Employment Practices Liability
- Professional Liability / E&O
- First-Party Property & Business Interruption
- Bad Faith Claims
- Fidelity & Financial Institution Bonds
- Employee Dishonesty Coverage
- Financial Institutions Professional Liability
- London Market Coverage
- Bermuda Coverage
- Broker Liability
- Captive Insurance Issues
- Political Risk Insurance
One of our team members was named to The National Law Journal’s Insurance Law Trailblazers list and another is a fellow of the American College of Coverage Counsel. In addition, McGuireWoods was one of only six firms to earn the powerhouse rating for commercial litigation in “BTI Litigation Outlook 2022.”
EXPERIENCE
- Represented SunTrust Banks, Inc. in a successful insurance recovery litigation seeking over $500 million in coverage under professional liability policies for underlying matters as a result of the 2008 subprime and credit crisis.
- Representing a large private equity fund focused on mining in a $100 million ICDR arbitration for insurance coverage under a political risk insurance policy. The claim stems from the company’s inability to complete construction and ultimately operate a multi-billion dollar mine as a result of the eastern European government’s expropriatory acts.
- Current and previous representations of The Coca-Cola Company in numerous successful insurance recovery matters, including under cyber/data privacy, environmental liability, CGL, brand protection and other manuscripted lines of coverages. This includes representation of the Company in a federal court lawsuit against Certain Underwriters at Lloyd’s for losses under a political risk insurance policy for losses in Nepal.
- Representing Xerox Corporation in an insurance recovery lawsuit regarding losses incurred from underlying lawsuits arising from FujiFilm takeover litigation.
- Appointed by the U.S. District Court for the Northern District of Illinois as Co-Lead Plaintiffs’ Counsel in Covid-19 Business Interruption Litigation Against Society Insurance
- Represented First Horizon National Corporation in multiple insurance recovery litigation matters involving bankers E&O and D&O coverages for claims arising, in part, from the 2008 credit crisis, as well as current consultation on other claims and matters.
- Represented Equifax Inc. in successful recovery of multiple lines of insurance following 2017 data breach.
- Representing SavaSeniorCare, LLC, one of the largest providers of short-term and long-term health care services in the U.S., in insurance recovery litigation under D&O policy for multimillion-dollar losses incurred in underlying qui tam litigation.
- Represented Navicent Health in federal court litigation involving regulatory coverage for a False Claims Act investigation.
- Represented Harbert Management Co. in an arbitration involving a multimillion-dollar claim for retrospective premiums and other costs allegedly owned under historical workers’ compensation, auto and CGL policies.
- Represented Kimberly-Clark Corporation in federal court in a declaratory judgment and breach of contract action under a commercial crime policy.
- Multiple representations of InterContinental Hotels Group, including in breach of contract and declaratory judgment action to recover losses under CGL policy for underlying putative class action claims relating to California Privacy Act.
- Represented a large paper and tissue products manufacturing company in an insurance recovery matter seeking over one-half billion dollars for property damage and business income losses stemming from a catastrophic fire.
- Representing Fortune 500 energy company in nine-figure insurance recovery matter arising from a nuclear construction project and a public company merger.
- Represented power utility in Puerto Rico for claims arising from Hurricane Maria and 2020 earthquake.
- Representing affiliate of large commodity trading company in a LCIA arbitration seeking the recovery of $100 million under a political risk insurance policy. This matter arises from the African government’s embargo and other expropriatory acts at an iron ore mining project.
- Represented a leading manufacturer of specialty papers in North America in an insurance recovery matter seeking over one-half billion dollars for property damage and business income losses arising from a catastrophic incident at a manufacturing plant.
- Representing Fortune 200 company in potentially multi-million dollar additional insured dispute in Georgia state court.
- Represented financial services and retail clients on insurance claims under data privacy/cyber policy for losses from several underlying data privacy lawsuits and first-party losses.
- Representation of a diversified product manufacturer in litigation that spanned 12 years and multiple jurisdictions, helping collect a significant portion of its available insurance for liability imposed against the company as a result of environmental contamination at dozens of sites across the United States.
- Represented international provider of automotive parts in federal court lawsuit seeking the recovery of multi-million dollar losses under a commercial crime policy.
- Represented a major manufacturing company in pursuit of insurance recoveries from London-based insurers for losses arising out of a nationwide product recall.
- Past and current representations of large west-coast hospital operator in numerous insurance recovery disputes, including federal court insurance coverage litigation pursuing coverage for False Claims Act investigations and qui tam lawsuits.
- Representing financing arm of large retailer in pursuit of insurance recovery under an E&O policy for losses arising from an FTC investigation.
- Represented real estate investment trust in litigation in Texas state court pursuing insurance coverage under multiple D&O policies, including a D&O tail policy, for cross-border losses arising from a luxury real estate development in Mexico.
- Representation of a Fortune 200 company first-party property insurance claim for structural damage to a manufacturing plan arising from a construction accident and resulting business interruption losses.
- Representation of a manufacturer of corrugated boxes in coverage litigation in North Carolina state court arising from a wrongful death lawsuit filed by the estate of an independent contractor of the company. At the conclusion of the litigation, the insurers agreed to fully indemnify our client and pay all of our client’s legal costs.
- Representation of a retailer in first-party property damage claim resulting from Hurricanes Katrina and Rita, regarding property damage, extra expense and business interruption claims.
- Representation of a major home products retailer in a D&O coverage dispute for claims alleging unfair competition and theft of trade secrets.
- Represented a retail business in recovering in excess of $5 million from its property insurer for property damage and business interruption losses resulting from a hurricane. Settled without litigation.
- Represented the world’s leading sustainable manufacturer and supplier of carbon black additives in successful multi-state bad faith insurance recovery litigation, following successful resolution of bet-the-company litigation with a former parent regarding indemnification obligations under spin-off agreement.
- Represented an international warehousing and logistics management company, in an insurance recovery dispute following a fire at Lineage’s cold storage facility in Statesville, North Carolina.
- Represented a leading LNG producer on a large loss property damage claim resulting from an LNG “splashing” event that caused significant damage to two LNG tanks at the Sabine Pass terminal.
- Representation of a coal-fired power plant operator seeking coverage from various insurers in connection with a workplace accident that resulted in multiple fatalities and personal injuries
- Representation of a manufacturer of high-performance membrane products in a dispute with carriers arising out of the failure of a municipal wastewater treatment plant
- Representation of Sony Corporation and several of its affiliated companies in litigation arising out of the 2011 cyber-breach of Sony’s online gaming network
- Representation of an investment fund that obtained a final award of almost $90 million from an American Arbitration Association panel under a credit default insurance policy for a loss incurred during the 2008 financial crisis
- Representation of a major drug and medical device manufacturer in all of its insurance coverage matters relating to product liability litigation over a 10-year period, resulting in the recovery of more than $1 billion from foreign and domestic insurers
