Media Coverage 01.13.26
Climate-Related Insurance Litigation is on the Rise and Becoming More “Adversarial”
Source: Financial Times
For so many of my clients, it would be a devastating event if they didn’t get the coverage they bargained for, and when I get that coverage for them, it really feels good.
Law360’s Insurance MVP Joseph Jean provides real-world advice and has recovered billions in damages for clients who have suffered catastrophic property losses.
Joseph, a Pillsbury partner and trial lawyer, advocates for commercial insurance policyholders against their insurance companies. He has represented policyholders on some of the nation’s largest and most important catastrophic losses, including the World Trade Center attacks, Superstorm Sandy and other disasters. Joseph applies his thorough understanding of insurance law and the complexities of policy coverages and exclusions, offering clients real world, proactive and strategic business advice to win arguments and avoid disputes.
Representative Experience
- Representing Hilton Worldwide Holdings Inc. litigating in multiple venues more than $1.7 billion in COVID-19 coverage action.
- Representing 60 small colleges and universities across the United States in a COVID-19 coverage action in Washington State seeking hundreds of millions of dollars in losses.
- Representing Foresight Energy LP in connection with its more than $120 million business interruption and property damage claims from fires at Foresight’s mines. Successfully resolved many of the claims via litigation and settlement and continuing to pursue others in state court litigation.
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- Representing La Cite/Park Square Homes in connection with all aspects of the phases mega home and multi-use development project in downtown Baltimore, Maryland known as Center/West. To date collected tens of millions in insurance and other proceeds on behalf of the owners arising from construction defects and mismanagement at the project site.
- Representing a major construction and infrastructure client as insurance counsel and national coordinating litigation counsel on product liability and insurance coverage litigations.
- Representing one of the world’s largest defense companies in all aspects of its insurance recovery and insurance litigation efforts including D&O, cyber, space exploration and environmental matters.
- Representing Formosa Plastics Corporation as lead trial counsel in New Jersey state court involving insurance coverage for environmental liability from alleged discharges from a Texas facility.
- Argued before the Washington Supreme Court a matter of first impression involving a trial court’s ability to issue an injunction to prevent litigants from trying to interfere with the court’s jurisdiction by filing out of state actions. Prevailed in an 8-3 majority affirmance.
- Argued a matter of first impression before the Maryland Supreme Court on behalf of Tapestry, Inc. (owner of fashion houses Stuart Weitzman, Coach New York and Kate Spade New York) involving whether COVID-19 causes physical loss or damage under a standard form property insurance policy.
- Represented New York University and NYU Langone Medical Center in more than $1.4 billion property damage and business interruption insurance claims against FM Global and Turner Construction arising from Superstorm Sandy.
- Represented the developer in connection with insurance recoveries for the tragic June 2021 collapse of Champlain Towers South, a Surfside, Florida condominium which resulted in 98 deaths. In less than a year, the Florida trial judge approved a $1.02 billion settlement to resolve all claims arising from the tragedy.
- Represented a national developer in connection with significant property and business interruption losses arising from construction defects involving nearly 400 residential units, common areas and a parking garage and more than $100 million in construction defects losses.
- Represented a New York university in all aspects of its insurance program, including significant Hurricane Irene losses and coverage for defense of claims arising from the 9/11 terrorist attacks.
- Secured one of the largest insurance jury verdicts in California in 2015, a $55.3 million breach of contract, bad faith and punitive damages award for Victaulic Company, a mechanical pipe-joining manufacturer.
- Litigated several multimillion-dollar property and business interruption claims arising from a wide-scale catastrophe and from production line failures for one of the world’s largest manufacturers of polyethylene terephthalate.
- Represented at trial one of the world’s largest suppliers of building products in connection with an insurance recovery and bad-faith case involving hundreds of millions of dollars.
- Handled an appeal before the 2nd Circuit for The Port Authority of New York and New Jersey to recover defense costs arising from numerous 9/11-related suits.
- Secured tens of millions of dollars in reimbursements for one of the world’s largest pharmaceutical companies in claims related to securities, derivative, fiduciary, ERISA, products liability and environmental matters.
- Represented a building products manufacturer with the insurance aspects of a domestic and international acquisition from a bankruptcy estate valued in excess of $400 million.
- Represented the Port Authority of New York and New Jersey to recovery billions of dollars in property and business interruption insurance at trial and appraisal in connection with the 9/11 terrorist attacks.
- Represented Boston Properties and 90 Church Street LP in litigation involving more than $150 million in property damage and business interruption losses resulting from the 9/11 terrorist attacks.
- Represented a major global bank in international arbitration against several Lloyd’s syndicates that resulted in more than $30 million in reinsurance proceeds, attorneys’ fees and interest from its reinsurers.
- Represented an international provider of nuclear and fossil fuel energy in arbitration over insurance coverage for more than $30 million in nuclear fuel rod losses at one of its nuclear energy generation plants.
Professional Highlights
- Named by Law360 as an Insurance MVP (2015, 2025).
- Mentioned, “Hilton Avoids Dismissal Of Nev. COVID-19 Coverage Suit,” Law360, May 26, 2023.
- Member of the Insurance Recovery & Advisory practice, named by Law360 as a Practice Group of the Year in 2010, 2015, 2016, 2020 and 2022.
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- Chambers USA, Insurance: Dispute Resolution: Policyholder – New York (2016–2025).
- Honors and Awards
- Recipient of Lexology and the International Law Office’s “Client Choice Award” for Insurance in New York (2018).
- The Legal 500 U.S., Insurance: Advice to Policyholders (2017–2019, 2025).
- Speaking Engagements
- “Litigation Strategies – How to Maximize Property Claim Recovery,” Pillsbury Insurance Policyholder Summit, New York. October 29, 2019. Co-presenter.
- “Mission Possible: Proving Insurance Bad Faith and Punitive Damages” Pillsbury 2016 MCLE Marathons, New York. Feb. 23, 2016. Co-presenter.
- “Mission Possible: Proving Insurance Bad Faith and Punitive Damages (Featuring a GC’s Perspective)” Pillsbury 2016 MCLE Marathons, San Diego and Los Angeles, Jan. 20–21, 2016. Co-presenter.
- “Mission Possible: Proving Insurance Bad Faith and Punitive Damages,” Pillsbury 2016 MCLE Marathons, San Francisco, Jan. 14, 2016. Co-presenter.
- “South Carolina’s 1,000-Year Flood Requires Immediate Action to Maximize Insurance Recovery,” Pillsbury Co-Sponsored Webinar, Nov. 4, 2015. Speaker.
- “Crisis Management: Legal Issues to Consider and How to Get Your Insurer to Pay for Them,” Association of Corporate Counsel – Greater New York Chapter, New York, April 21, 2015. Speaker.
- “Finding Shelter after the Storm: Survival Following Hurricanes, Earthquakes, Floods and Fires,” LexisNexis Business Catastrophe Webinar, Sept. 24, 2014. Speaker.
- “FEMA Claims for Nonprofit Entities,” RIMS Conference, April 30, 2014. Speaker.
- “Key Insurance Provisions to Mitigate Contractual Risk,” Institute of Supply Management Webinar, Aug. 8, 2013, and March 26, 2013. Speaker.
- “Cancellations, Collapses and other Catastrophes – Insurance Coverage for Live Events,” Insurance Coverage Litigation Committee’s 25th Annual CLE Seminar. March 1, 2013. Speaker.
- “Innovative Strategies to Maximize Insurance Recovery for Claims Stemming from Superstorm Sandy,” NJICLE 2013 Corporate Counsel Institute, Jan. 23, 2013. Speaker.
- “Back by Popular Demand: Innovative Strategies to Maximize Insurance Recovery for Claims Stemming from Superstorm Sandy,” Webinar, Nov. 20, 2012. Speaker.
- “Innovative Strategies to Maximize Insurance Recovery for Claims Stemming from Superstorm Sandy” Webinar, Nov. 7, 2012. Speaker.
- Associations
- American Bar Association
- New York Bar Association
- Hudson Link for Higher Education in Prison, Board of Directors
Education
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J.D., Vermont Law School, 1997
cum laude, Recipient of the American Bankruptcy Institute’s Excellence in Bankruptcy Award Articles Editor for the Vermont Law ReviewB.A., Trinity College, 1994
Admissions
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New York
Connecticut
New Jersey
Courts
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U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the District of Connecticut
U.S. District Court for the District of New Jersey
Clerkships
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Superior Court, Washington County, Vermont, clerk to Judge Mary Miles Teachout
Vermont State District Court, clerk to Judge Edward J. Cashman