The availability of insurance drives many business and litigation decisions. The Insurance Counseling and Recovery Group at Jeffer Mangels Butler & Mitchell advises clients on insurance issues and represents policyholders in coverage disputes with their insurance companies. We have recovered millions of insurance dollars for our clients, allowing them to recover losses, stay in business, and plan confidently for the future.
The Insurance Counseling and Recovery Group evaluates coverage involving a wide variety of claims including the following:
- Directors and officers alleged misconduct
- Wrongful termination and other employment practices
- Securities
- Disability
- Unfair competition
- Property damage and business interruption
- Construction defects
- Personal injury and advertising injury
- Environmental liability
- Trademark infringement
- Copyright infringement
- Patent infringement
- Fidelity bonds
|
| Getting Results -- Successful recovery for homeowners association in Coastal Act case |  |
JMBM represented members of a homeowners association sued by the Coastal Commission for violations of laws relating to beachfront property; we were successful in maximizing insurance contributions to the settlement and in the payment of attorneys fees.
|
JMBM's Insurance Counseling and Recovery Group is experienced in negotiating settlements with insurance carriers on behalf of our clients. However, when insurance companies deny meritorious claims, JMBM's litigators are vigorous and capable advocates with a strong record of recovery through litigation-- including the recovery of attorneys' fees. |
| Getting Results -- Successful recovery of directors and officers liability insurance | |
JMBM represented a former officer of a company sued in a securities fraud class action in obtaining coverage under the directors and officers liability insurance. A decision in the coverage case in favor of the client was affirmed on appeal by the Ninth Circuit.
We also represented the FDIC in actions against former officers and directors of failed financial institutions, involving recovery from proceeds of directors and officers liability insurance.
|
Our Intellectual Property lawyers are experienced in the insurance coverage issues surrounding trademark and copyright infringement. We have expertise in reviewing insurance policies, including the Advertising Injury portion, to determine if a basis for coverage exists and proactively advocating with the insured's carrier to obtain coverage. |
| Getting Results -- Successful recovery for trade libel allegations | |
After aggressively arguing with the carrier's coverage counsel, JMBM was able to obtain defense coverage for our client based upon construing the infringement allegations as trade libel allegations, a covered offense. |
Disaster Recovery RepresentationWe understand how difficult it is for organizations to deal with the numerous complex issues involved in a disaster. JMBM's team has represented companies hit by major disasters -- including mass disasters involving significant loss of life and property. We know how to mobilize quickly to assess damage and address the many urgent issues including liability and insurance recovery. |
| Getting Results -- Recovered more than insurance face value in largest U.S. hotel fire | |
JMBM represented the owner of the San Juan Dupont Plaza Hotel which was devastated by an act of arson and resulted in the greatest loss of human life in any U.S. hotel fire. This fire killed more than 100 people, injured over 600 people and caused substantial property damage to the hotel. Initial claims filed against the owner on behalf of the victims and other claimants exceeded $300 million for death, injury and property loss. Although the face value of the fire insurance policy at the time of the disaster was $1 million, the end result was an insurance payment in excess of $150 million. The wide-ranging multi-district litigation involved numerous intertwining business and legal issues and numerous direct and third-party claims. JMBM's representation included directing hundreds of professionals that were involved in the case. After five years of active trial and appellate litigation, the case was settled half-way through trial in San Juan, Puerto Rico. Attorneys fees were recovered.
|
Our lawyers litigate with insurance companies on a regular basis, and we are experienced in dealing with them in the context of major disasters. We have achieved successful results for our clients, allowing them to survive losses of extreme proportions. |
| Getting Results -- Recovery of business interruption coverage after hurricane | |
JMBM represented the owner of a major resort property in Hawaii which was badly damaged by a hurricane. We were involved in wide ranging recovery issues including real estate, construction, labor and employment law, and insurance recovery. Negotiations with insurance carriers included coverage for vast property damage and business interruption. JMBM's labor lawyers represented the owner in the numerous labor and employment issues that arise when a disaster affects the employment status of the company's employees.
|
JMBM's disaster recovery team helps find the right consultants and professionals needed to assess and address losses. We also provide guidance to business owners in developing disaster response plans, including reviewing disaster insurance. |
| Getting Results -- Insurance recovery for major bank after fire in headquarters | |
JMBM represented a major financial institution in a fire that destroyed numerous floors of their headquarters building in downtown Los Angeles. The resulting fire damage resulted in substantial insurance claims. On behalf of the bank, JMBM handled ongoing, complex negotiations with insurance carriers. After several years of negotiation, all fire damages were covered by insurance.
|
JMBM's around-the-clock availability and vigorous advocacy of our clients' interests, is a given. It is our experience in dealing with insurance companies and the successful results we have achieved for clients hit with disasters that set our disaster recovery representation apart from that of other law firms.
JMBM's Insurance Counseling and Recovery Group is committed to aggressively advancing our clients' positions at every juncture in the recovery process. Please call us to discuss how we can help you recover losses.
|