Brooke Yates

Partner - Boston , Denver

Brooke Yates

Contact Information

617.832.1207

617.832.7000

byates@foleyhoag.com Download vCard

Working from Denver, Colorado, Brooke Yates is a partner in Foley Hoag's Litigation and Insurance Recovery practices. She represents businesses in the areas of multiparty commercial litigation, insurance recovery and construction throughout the United States and internationally. 

Brooke also represents policyholders in nearly all aspects of insurance coverage, including in disputes with their insurers. She has advised clients in issues relating to general liability, directors and officers liability, builders’ risk, wrap-up insurance programs (OCIPs and CCIPs), subguard, employer’s liability, crime, professional liability, errors and omissions, and cyber risk insurance programs, among others. She regularly writes and speaks on insurance coverage, construction, and risk management issues impacting businesses and individuals.
 

Education:

  • University of Denver Sturm College of Law, J.D., 2006
  • University of Denver, B.S., 2003

Languages:

English

Representative Experience

  • Achieved successful resolution of construction defect claim involving public buildings and recovered $14.8 million insurance recovery for a general contractor in connection with dispute.
  • Successfully negotiated $3 million insurance coverage recovery on behalf of insured in coverage case under a Commercial General Liability Policy.
  • Advised clients on wrap-up programs (OCIPs and CCIPs) for multi-million dollar construction and development projects.
  • On behalf of a bank, recovered $1 million in insurance coverage in connection with Ponzi scheme litigations.
  • Obtained substantial defense and indemnity benefits from insurance company on behalf of international consulting service firm under Commercial General Liability Policy arising from international litigation.
  • Obtained bad-faith jury verdict, entailing double damages and attorneys’ fees, against general liability carrier for its unreasonable delay and denial of coverage for damages arising out of a construction accident, resulting in recovery of over $2.5 million insurance recovery.
  • Prevailed at the Court of Appeals concerning recovery damages under the insurance bad-faith statute.
  • On behalf of numerous contractor clients, successfully negotiated millions of dollars in insurance recovery in connection with construction defect claims.
  • On behalf of subcontractor, obtained jury verdict against lower-tier subcontractor in payment dispute.
  • In commercial tort matter, successfully dissolved temporary restraining order and defeated preliminary injunction motion.
  • Obtained full arbitration award on behalf of national trust company in contract dispute.
  • On behalf of contractor, successfully negotiated settlements with multiple parties in multimillion-dollar payment dispute involving high-end condominium project.
  • Successfully obtained prejudgment writ of attachment and negotiated successful resolution of employee embezzlement claim.
  • Successfully obtained temporary restraining order and stipulated preliminary injunction in complex, multimillion-dollar, multiparty business dispute.
  • Prevailed in seven-day bench trial concerning payment dispute between contractor and owner.
  • Advised clients on data security and privacy breaches arising from employee theft.
  • Represented clients in connection with complex, multiparty commercial litigation, which regularly involved breach of contract, breach of fiduciary duty, and fraud claims. 

* - Ms. Yates handled some of the above representations prior to joining Foley Hoag, LLP.

 

Honors

  • Best Lawyers in America, Insurance Law (2018-2022); Litigation – Insurance (2022), Denver

Involvement

  • Denver Bar Association
  • Colorado Bar Association
  • American Bar Association
 
  • "COVID-19 and Construction Insurance," Webinar, WPL Publishing and Construction Claims Advisory, May 27, 2020
  • "Statutes Defining Faulty Workmanship As An “Occurrence” – Out of the Frying Pan And Into The Fire?," ABA 21st Annual Insurance Coverage Committee Mid-year Program, 2013
  • "Top 10 Ways to Manage Cyber Risk, The Rise of the Internet Has Its Downside," Colorado Biz Magazine, March 2013
  • "Top 10 Ways To Manage Cyber Risk," JDSupra Business Advisor, January 2013
 
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Bar Admissions

  • Colorado

Court Admissions

  • U.S. District Court for the District of Colorado