Insurance Coverage Counseling

Insurance coverage is not a one-time event. Circumstances change, policies are modified, costs vary, corporate fortunes ebb and flow—and no matter how sophisticated the analysis, unexpected events inevitably occur. In addition, many significant corporate events (such as acquisitions, changes in corporate structure or control, and restatements of corporate filings) may have significant consequences for a policyholder's insurance coverage. Our goal is to help clients address known issues and risks, while positioning them to respond more effectively to unforeseen developments.

The overarching goals of our insurance counseling practice are 1) to assist our clients in structuring their risk management programs so that their insurance assets are tailored to their particular needs and situations, and 2) to aid our clients in taking advantage of their insurance assets when risks for which they are insured develop. In carrying out these objectives, we are committed to finding cost-effective business solutions for our clients.

We work closely with businesses and individuals to first gain a thorough understanding of their unique environments, goals and needs. We then develop strategies that enable clients to align insurance coverage options with their risk profile and risk management objectives. As circumstances change, we communicate regularly with our clients to identify emerging opportunities, as well as to respond to external changes that alter their risk profile.

These services and initiatives include:

  • Obtaining and renewing insurance coverage, including negotiating favorable coverage terms
  • Evaluating types of coverage, policies and plans that are new to the marketplace
  • Coordinating insurance and other critical company documents, such as bylaws, loan covenants, and indemnification provisions of contracts and licenses
  • Providing insurance due diligence and advice concerning the coverage implications of corporate transactions and other significant corporate events
  • Identifying insurance assets responsive to emerging liabilities and providing assistance in developing insurance claim notification protocols and presenting claims for coverage
  • Identifying underutilized historic insurance assets that may provide coverage for current liabilities
  • Negotiating indemnification of officers and directors
  • Negotiating payment of defense expenses
  • Counseling on corporate governance, including insurance-related aspects of the Sarbanes-Oxley Act
  • Exploring alternative risk transfer mechanisms, including captives and risk retention groups

We provide experienced counsel in virtually every area of insurance coverage, including:

  • Commercial crime and fidelity bonds
  • Commercial general liability
  • Cyberliability, media and E-commerce liability
  • Directors and officers liability (D&O)
  • Employee benefits and fiduciary liability
  • Employee crime/fraud
  • Employment practices liability
  • Environmental liability
  • First-party property/casualty and business interruption
  • Kidnap and ransom
  • Nonprofit organization liability
  • Offshore punitive damages wrap
  • Private equity and venture capital liability
  • Product liability and recall
  • Professional liability, including errors and omissions (E&O) and malpractice
  • Terrorism
  • Tax insurance
  • Workers compensation