Insurance Coverage

BFKN has substantial experience representing policyholders in complex insurance coverage matters. Through counseling and litigation, we collaborate extensively with our clients to identify opportunities, minimize risk, and maximize recovery to attain the optimal results for their business goals. Our highly skilled attorneys have in-depth experience working with a diverse group of businesses ranging from the world’s largest luxury brand company to healthcare technology developers, software companies, REITs, manufacturers, private equity firms and their portfolio companies, and consumer goods companies in all aspects of insurance coverage.

Our coverage counsel have extensive experience with most types of insurance policies, including:

Counseling

We assist our clients in understanding and interpreting insurance coverage, developing and implementing coverage plans, and communicating and negotiating with insurers at all layers. Our goal is to help you develop policies to reduce exposure and prevent expensive, time-consuming disputes.

Litigation

When a claim arises, we work closely with our clients from start to finish to determine the best approach – whether it’s mediation, arbitration, or litigation. As commercial litigators, we understand the litigation process and have tried insurance coverage matters in various courts and arbitrations. Clients rely on our bold, dynamic, and adept representation to achieve the most advantageous results.

Our Experience

Examples of recent claims and coverage experience include:

• Claims for coverage on behalf of multiple clients in various industries for hundreds of millions of dollars in potential liability relating to asbestos, talc, benzene, and opioids.
• Arbitration regarding the duty to defend an underlying software misappropriation lawsuit and estoppel issues.
• Litigation regarding coverage of data protection and business interruption losses under a cyber policy stemming from a ransomware attack.
• Coverage litigation concerning coverage for costs in responding to a government subpoena.
• Property damage and business interruption losses stemming from events such as fires and natural disasters.
• Declaratory judgment action involving “personal injury” coverage for disparagement.
• Litigation under a crime/financial institutions bond involving novel issues relating to the forgery of over $40 million in collateral.
• Arbitration under a representations and warranties insurance policy centering on a “multiplied damages” exclusion.
• Claims for coverage of losses associated with allegations of property damage related to installation of machine tools.
• Claims for coverage for allegations against commercial property developer for copyright infringement.