Liability Coverage

Overview

Robinson+Cole's Insurance + Reinsurance Group boasts an international liability coverage practice on the forefront of cutting edge issues in liability coverage law. Insurance carriers rely on us for coverage advice and representation in litigation concerning complex and high-value claims arising under various forms of liability insurance throughout the United States, as well as the United Kingdom, Italy, Greenland, and China.

Our Services 

Our experience spans the spectrum of liability coverage matters, including emerging threats, such as cyber risk and data breaches. We concentrate on the following issues, among others:

  • personal injury liability
  • errors and omissions
  • directors and officers
  • educators’ liability
  • hospital/medical/HMO/PPO
  • intellectual property and patent infringement 
  • sexual abuse/harassment issues
  • environmental/toxic tort
  • primary/excess disputes
  • reinsurance contract obligations
  • advertising injury
  • construction defects

Where multiple coverages are available for a claim, we are skilled in addressing disputes that concern applying multiple self-insured retentions (SIRs), allocating defense and indemnity, and understanding "other insurance" provisions.

In the context of underwriting and marketing compliance issues, our coverage lawyers deal with misrepresentation, rescission, cancellation, and nonrenewal issues.

Our Team

Our lawyers are routinely engaged to handle the most complex and high-value liability coverage disputes in the country. We have a record of achieving positive results for clients, such as resolving $400 million in claims involving a construction defect dispute in Las Vegas for nuisance value, among many others. We have been engaged to handle “failure to settle” cases involving significant excess verdicts, as well as disputes between primary and excess insurers. Our experience is broad and deep, and includes litigation and counseling of virtually all liability coverage issues a company may face.
 

    • Experience
      • Represented insurance carrier in coverage litigation initiated by major Roman Catholic archdiocese seeking coverage for multimillion-dollar settlement with alleged victims of clergy sexual abuse.

      • Advised insurers in multiple coverage investigations regarding decades of coverage purchased by manufacturers, distributors, and retailers of opioids in connection with the current onslaught of lawsuits by an increasing number of governmental and other entities.

      • Represented insurer that issued several years of second and third-layer excess coverage to a steel contractor that was the primary target in a multi-party construction defect dispute in Las Vegas, involving over $400 million in claims.

      • Advised excess insurers in connection with over 70 cases that were filed in state and federal courts regarding a 2014 chemical spill into the Elk River in West Virginia. The case involved the insured’s excess insurance tower of more than $250 million.

      • Represented insurer in connection with coverage litigation in New York and Virginia, arising from an international conspiracy to import and distribute counterfeit blood glucose monitoring strips used by diabetics.

      • Represented a consortium of excess insurers in litigation over indemnification for a $1 billion class action settlement by the insured, a manufacturer and distributor of defective building materials.

      • Represented insurer in New Jersey federal court in an $85 million claim for advertising injury arising out of alleged product disparagement.

      • Represented insurer in a declaratory judgment coverage action in New Jersey in connection with $100 million in construction defect claims arising out of the development of a luxury condominium project along the Hudson River.

      • Represented insurer in an action in federal court in Virginia, in which the insured, a prominent university, sought coverage for allegations of international parental kidnapping, conspiracy and civil RICO violations.

      • Represented insurer in a complex data breach coverage action in New York involving the massive cyberattack on Sony’s PlayStation Network and coverage issues under CGL policies.

      • Represented insurer in judicial and ADR proceedings concerning the application of separate directors and officers and representations and warranty policies to claims arising out of the alleged breach of a written stock purchase and sale agreement concerning a complex corporate transaction, in Massachusetts.

      • Represented insurer in liability coverage litigation arising from numerous claims for wrongful death and bodily injury caused by fungus-contaminated injectable steroids, which involved hundreds of claims against the insured in state courts throughout the country and an MDL in Massachusetts.

      • Served as national counsel for insurer in coverage litigation arising from defective Chinese-manufactured drywall. The litigation involved coverage for claims against one of the largest importers, distributors, and installers of the defective drywall, and the simultaneous litigation of coverage cases in state and federal courts in Virginia, and an MDL in the Eastern District of Louisiana.

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Our Team

Members