Insurance Recovery & Advisory
Peter M. Gillon
Robert L. Wallan
“Top shelf,” “go-to lawyers,” “very creative,” “great relationships with . . . the market,” “understand business imperatives,” “service level is a key differentiator” — Chambers USA (June 2016) (quoting clients’ commentary).
“Litigation prowess,” “resounding victories,” “sustained history of achieving great results” — Law360 (Jan. 8, 2016, naming Pillsbury “Insurance Group of the Year”)
Pillsbury’s Insurance Recovery & Advisory practice exclusively represents policyholders in their most important matters, tackling disputes with insurance carriers involving D&O Liability, Construction, Property and Business Interruption, Pollution, Cyber, General Liability, Product Liability and Recall, Fiduciary, Fidelity/Crime and other claims arising from man-made and natural disasters.
What sets us apart:
Dedicated Policyholder Practice. Pillsbury boasts one of the largest and most respected Insurance Recovery & Advisory practices in the United States exclusively representing policyholders. We have deep experience with the coverage and underlying business issues companies face, with in-depth knowledge of key industry sectors, from energy and technology to food and products to construction and finance. We understand how insurance issues impact our clients’ business imperatives and enterprise risk management strategies.
More than a Century of Success. Our Insurance practice dates back to 1906 in San Francisco. In each of the past three years, we have recovered over a billion dollars for our clients.
Pragmatic Insiders. We understand that resolving insurance disputes often requires a combination of creativity and a sound commercial approach to the parties’ positions -- often starting with assisting clients in negotiating the correct policy language in the placement process. Our approach to problem-solving and litigation is rigorous, quantitative, and technically sound, often making use of in-house non-lawyer engineering and insurance staff. Many of our greatest successes for our clients have involved out of court resolutions of their most complex and challenging claims.
Fierce Advocates - Trial Ready. When litigation is necessary, we bring our vast litigation and trial experience to bear to enforce our clients’ rights. Our lawyers obtained the two largest insurance verdicts (two of the National Law Journal’s Top 100 national jury verdicts) in 2015, including the largest insurance bad-faith jury verdict against AIG.
Cutting Edge. Our breadth of experience helps us spot trends and identify emerging issues, along with practical solutions, which we share with our clients via client alerts, our Policyholder Pulse blog and direct updates. We also were among the first firms to provide clients with policy reviews on programs such as D&O, cyber, property and construction. With thousands of reviews conducted, our breadth and depth of experience is without parallel.
National Footprint. Our Insurance Recovery & Advisory practice boasts among the largest geographic footprints of any policyholder practice, with 34 attorneys in New York, Los Angeles, Houston, San Francisco and Washington, DC.
Full Service. We represent corporate policyholders from the earliest stages of policy language negotiations, through claims, arbitrations, litigation, trial, and appeals. We advise on business issues, such as the interplay between insurance and contractual and statutory indemnification, as well as insurance as a part of overall risk management and crisis management programs.
On the Forefront of Insurance Recovery
Pillsbury is engaged on numerous significant and often headline-grabbing coverage disputes for our clients, including:
- Represented Delek/Lion Oil in a jury trial against AIG and 13 other insurance companies to recover contingent business income losses arising from an Exxon pipeline rupture and supply interruption. Jury awarded our client $72 million in damages from lost income and expenses.
- Obtained a $55.3 million breach of contract, bad faith and punitive damages jury verdict against AIG for our mechanical pipe joining manufacturer client, Victaulic, including more than $8 million in attorney’s fees and $46 million in punitive damages. Victaulic was denied coverage for defense of product liability claims based upon improper accounting in a complex product liability insurance program. This was one of the largest insurance jury verdicts in California in 2015.
- Represented a general contractor regarding construction defect claims and insurance coverage issues arising out of the alleged faulty construction of multiple high rise condominiums in South Florida, with multiple recoveries in the tens of millions of dollars.
- Represented one of the three well owners involved in the 2010 Gulf of Mexico well blowout and oil spill seeking insurance recovery for liabilities of more than $2 billion.
- Recovered $835 million in insurance proceeds for our client, Duke Energy, covering repair and power replacement costs stemming from the dormant Crystal River nuclear energy plant in Florida.
- Represented CITGO Petroleum in litigation seeking coverage for over $40 million in environmental liabilities arising out of one of the largest petrochemical refineries in the U.S.
- Representing New York University and NYU Langone Medical Center in connection with their more than $1.4 billion property damage and business interruption insurance claims against FM Global arising from Superstorm Sandy.
- Represented a global engineering firm with insurance claims valued over $100 million in connection with design and construction issues related to a number of coal-fired power plants.
- Representing Sony Pictures on insurance issues related to the November 2014 cyberattack on its network and IT infrastructure and Sony Computer Entertainment of America on insurance claims arising out of the November 2011 cyber-attacks on its PlayStation online gaming networks.
- Represented a top national university pursuing cyber insurance coverage claims for loss due to accidental release of confidential medical information.