Practice

Insurance Recovery

Nationally representing policyholders in property/casualty insurance recovery disputes

If an insurer wrongly refuses coverage, or mishandles a claim, our insurance recovery attorneys know the best strategies to make it fulfill its coverage promises. We represent clients with policies under commercial general liability, umbrella and excess liability, employment practices liability, professional liability and directors’ and officers’ liability.
 

Our attorneys in the Insurance Recovery group are recognized across the U.S. for their work. They have recovered hundreds of millions of dollars for our clients under commercial general liability, umbrella and excess liability, employment practices liability, professional liability, and directors’ and officers’ liability policies. 
 
This group has successfully represented policyholders in connection with “first party” losses under employee dishonesty policies, “all risk” property policies, ocean marine open cargo policies, and precious metals “stock floater” policies. Our lawyers have particularly extensive experience in asbestos and pollution insurance coverage.
 
In court, our insurance recovery lawyers are particularly adept at using summary judgment procedures either to win coverage outright or to eliminate insurer coverage defenses, thereby setting up a favorable settlement. We also favor the use of mediation or other alternative dispute resolution mechanisms, where appropriate. But if the case must be tried, Foley Hoag brings one of the legal profession’s top trial teams into court with you. 

Areas of Focus

Our insurance recovery lawyers specialize in property and casualty insurance matters such as:
  • general and umbrella liability insurance, 
  • directors and officers liability insurance, 
  • business property and business interruption insurance, 
  • professional liability (E&O) insurance
  • crime insurance

Experience

  • Chicago Bridge & Iron Co. v. Certain Underwriters at Lloyd’s, London, 59 Mass. App. Ct. 646 (2003), rev. denied, 441 Mass. 1101 (2004): We served as lead trial and lead appellate counsel in a precedent-setting case arising from alleged environmental liability. The $6 million judgment was won after the trial was affirmed on appeal.
  • EaglePicher Mgmt. Co. v. Zurich Am. Ins. Co., 640 F. Supp. 2d 1109 (D. Ariz. 2009): We won a summary judgment on liability of an insurer to indemnify the insured for a loss arising from the dishonesty of an IT director. The case settled following summary judgment rulings.
  • OneBeacon Ins. Co. v. Georgia-Pacific Corp., 474 F.3d 6 (1st Cir. 2007): We secured a district court judgment holding for our client Georgia-Pacific Corporation arising from an insurance dispute.  The decision was affirmed on appeal by the First Circuit.
  • Smith & Nephew, Inc. v. Federal Ins. Co., 113 Fed. Appx. 99, 2004 U.S. App. LEXIS 21452 (6th Cir. 2004): We secured reversal by Sixth Circuit of district court opinion granting insurer summary judgment. The Court of Appeals held that the insurer had a duty to defend the policyholder under “personal injury” provisions of a general liability policy for underlying action alleging the policyholder’s participation in a conspiracy to defame a self-styled “whistle-blower.” The case settled on remand.