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OVERVIEW

Insurance Recovery and Counseling Sophisticated approach

Because Barnes & Thornburg only represents policyholders – not insurance companies – in coverage disputes, we don’t need to be shy about what we do. Our job is to advocate for business policyholders, help businesses understand their insurance coverage, and protect their rights and interests when a coverage dispute arises. Insurance can have an impact on your bottom line and revenue stream, and we understand how important it is to favorably resolve disputes.

Protecting Business Policyholders 

For more than 30 years, the attorneys of Barnes & Thornburg's Insurance Recovery and Counseling team have helped businesses navigate disputes with their insurance companies. Our clients range from Fortune 100 companies to small privately held businesses, and the matters we handle span complex national counsel engagements to discrete coverage disputes. We advise companies on the insurance implications of business transactions. We work behind the scenes to help businesses avoid potential coverage disputes. And we help resolve coverage disputes through focused negotiation, mediation, arbitration and litigation.

We represent policyholders across the nation in a wide variety of industries, including agribusiness, banking and financial services, construction, information technology, life sciences, manufacturing, pharmaceutical, real estate, transportation and more. 

Counseling and Advocacy

Barnes & Thornburg’s ability to help protect the rights of business policyholders isn’t limited to the courtroom. In addition to vigorously advocating for our policyholder clients’ rights when a coverage dispute arises, we help our clients identify and resolve potential insurance issues before they ever lead to a coverage dispute by providing guidance and counseling at all stages of the insurance procurement, renewal, and claim processes.

As part of our comprehensive approach to meeting our policyholder clients’ needs, we regularly:

  • Advise policyholders on procurement issues and insurance programs, including assistance with policy negotiation and placement
  • Counsel clients on the scope of their coverage
  • Advise policyholders on the insurance implications of corporate transactions
  • Work with policyholders to identify legacy policies that may provide coverage for various types of claims
  • Advise policyholders on their rights and obligations in the event of a claim
  • Coordinate with clients’ brokers regarding the presentation of the claim to the insurance company and negotiations with the insurance company
  • Represent and counsel policyholders where reservation of rights have been issued
  • Counsel policyholders during the insurance company’s claim investigation and loss-adjustment process
  • Work with policyholders and experts in submitting proofs of loss and other documents in support of first-party claims
  • Coordinate coverage issues among multiple claimants, parties, policy years, product lines, and multiple layers of coverage
  • File suit against insurance companies to obtain payment of disputed claims
  • Defend declaratory judgment actions filed by insurance companies
  • Counsel clients on reinsurance issues
  • Work with clients on complex domestic and international insurance insolvencies
  • Advise clients on identifying and submitting claims under lost policies
  • Serve as arbitrators in coverage disputes
  • Lobby in support of business policyholder rights and interests to state insurance commissioners, chambers of commerce, state legislatures, trade and professional organizations, industry associations, and legal organizations

Practice Leaders

Andrew  Detherage

Andrew J. Detherage

Partner
Management Committee Member, Insurance Recovery and Counseling Group Co-Chair

Indianapolis, Los Angeles

P 317-231-7717

F 317-231-7433

Charles Edwards

Charles P. Edwards

Partner
Insurance Recovery and Counseling Group Co-Chair

Indianapolis

P 317-231-7438

F 317-231-7433

EXPERIENCE
  • A Barnes & Thornburg attorney represented a charitable foundation in an insurance coverage case involving consumer class action claims arising from client’s consumer credit counseling business.
  • A Barnes & Thornburg attorney represented a chemical product manufacturer in overcoming lost-policy issues and other challenging coverage issues to confirm obligations of liability insurer for investigation expenses incurred following policyholder’s enrollment of manufacturing site in the Indiana Department of Environmental Management’s Voluntary Remediation Program. The case involved significant conflict of laws and coverage issues, but through negotiation the client manufacturer obtained almost complete recovery of legal, investigative, and remediation expenses.
  • A Barnes & Thornburg attorney represented a church in a coverage case involving a massive ceiling collapse at their main sanctuary. On behalf of client, Mr. Leonard obtained full coverage for the loss after their property carrier had denied all coverage.
  • A Barnes & Thornburg attorney represented a computer leasing company in an arbitration resulting in substantial payment under private company directors and officers (D&O) policy liability for litigation costs arising from underlying business dispute. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a debtor in a successful resolution of a 524(g) asbestos bankruptcy including resolution of all disputed insurance coverage. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a farm operator in the defense of lawsuits arising out of electrocution deaths of two minors and injury to two minors.
  • A Barnes & Thornburg attorney represented a financial institution in a title insurance claim against title insurer for failing to pay losses and for failure to deliver clear title of large Georgia real estate development.
  • A Barnes & Thornburg attorney represented a former corporate officer in the formation of a sophisticated trust established by client’s former employer and its insurance carriers following insurer’s threatened rescission of directors and officers liability policies. Firm attorney further represented client in making successful claim against the trust to fund a settlement of claims asserted against client and payment of the client’s defense costs.
  • A Barnes & Thornburg attorney represented a general contractor in a case where the contractor obtained settlement recovery of more than $2 million in defense and indemnity expenses from general liability insurer by asserting a claim for coverage under its subcontractor’s policies.
  • A Barnes & Thornburg attorney represented a global media corporation in a case involving insurance coverage for claims against company concerning software product. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a higher education institute in a coverage claim against their E&O and CGL carriers for claims of failure to educate and libel/slander. On behalf of client, Mr. Leonard obtained full defense and indemnity coverage.
  • A Barnes & Thornburg attorney represented a home builder in a case in which the appellate court reversed the trial court and held that it is an insurer’s duty to pay legal fees for insured’s choice of counsel when conflict of interest between insurer and insured resulted from insurer’s issuance of reservation of rights. Am. Family Mut. Ins. Co. v. W.H. McNaughton Builders, Inc., No. 2-05-0063 (Ill. App. 2006).
  • A Barnes & Thornburg attorney represented a manufacturer of caulks and sealants in defense of lawsuit filed by residents of nearby subdivision, whose wells were contaminated by vinyl chloride emanating from manufacturer's old release of PERC. The firm assisted the client with bringing suit against the client's insurers, enforcing insurance coverage and resolving residents' claims.
  • A Barnes & Thornburg attorney represented a media company and founder in coverage and bad faith litigation resulting in seven-figure recovery under aviation policy after seizure of private jet by governmental agency. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a medical practice in litigation to establish liability insurer’s duty to defend personal injury claim. A favorable resolution was reached.
  • A Barnes & Thornburg attorney represented a multi-media company in a jury trial regarding coverage under directors & officers liability policy for amounts paid by an insured toward securities litigation in which the insured's Chair/CEO and CFO were found liable for securities fraud; the case settled on the third day of trial with settlement disclosed in the company’s public disclosures. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a national bottled water distributor in an insurance coverage case involving claims arising from water cooler fires.
  • A Barnes & Thornburg attorney represented a national skilled nursing care facility corporation with facilities across the U.S. in matters involving the pursuit and recovery of insurance proceeds from insurer liquidations. On behalf of client, we have successfully recovered proceeds from a rehabilitation estate for their workers comp coverage and from their insurance broker for negligence associated with the issuance of Reliance policy. Additional representation has included the recovery of professional liability insurance proceeds for client from both primary and excess policies, either through litigation or negotiation, for over a decade from more than six different insurers. And we have advised client on the potential of securing their SIR (self-insured retention) through a captive insurance model.
  • A Barnes & Thornburg attorney represented a private university in an insurance coverage case involving nationally-publicized defamation, invasion of privacy and libel claims against the university by members of one of its sports teams. On behalf of client, Mr. Leonard obtained full defense and indemnity coverage under client’s D&O, E&O and CGL policies.
  • A Barnes & Thornburg attorney represented a property owner in substantial recovery under a first-party property policy for fire and water damage to premises and contents. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a publicly traded apparel company in the substantial recovery of defense fees and costs in connection with trademark and related claims in the U.S. and Europe under general liability policies. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a publicly traded Chinese company in obtaining recovery of substantial defense fees and costs arising from multiple class actions, derivative action and governmental investigations. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a publicly traded company in the health care industry in a seven-figure recovery of settlement payment and defense costs in derivative action under general liability and directors and officers policies. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a publicly traded company in the recovery of defense costs and settlement payments in connection with a securities class action and derivative action. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a publicly traded footwear company in substantial recovery under patent and trademark coverages in connection with litigation in the U.K. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented a religious charitable foundation in a coverage case arising from the alleged "takeover" of a higher education institute and resulting lawsuits against the Foundation and a host of others. On behalf of client, Mr. Leonard obtained full defense and indemnity for the case from the E&O and CGL carriers for the Foundation.
  • A Barnes & Thornburg attorney represented a textile manufacturer in a lawsuit to obtain insurance coverage for trademark infringement claims asserted against client.
  • A Barnes & Thornburg attorney represented a waste disposal company in lawsuit against multiple property and casualty insurers to establish client's entitlement to insurance coverage for Environmental Protection Agency (EPA) mandated cleanup of landfill superfund site, based on CGL policies from the 1960s and 1970s.
  • A Barnes & Thornburg attorney represented an asbestos industry trust with regard to insurance coverage for asbestos non-product claims that resulted in a unanimous decision vacating an arbitration award in favor of major insurance company and an ultimate settlement of $449 million. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented an international food processor/distributor in recovering contingent business interruption, extra expense, and additional first-party coverage for losses resulting from Hurricane Katrina. The matter settled with the final insurer minutes before opening statements at the trial. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented an oil company in obtaining multi-million dollar payment of defense fees under multiple directors and officers liability policies. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented MedAssets, a publicly-traded national provider of health care quality assurance and information technology services in a publicized summary judgment decision related to recovery of consequential damages for breach of insurance contract under Georgia law. This has become the leading case in Georgia on this issue (MedAssets vs. Federal Ins. Co.).
  • A Barnes & Thornburg attorney represented several health insurance entities in litigation to obtain insurance coverage for RICO class actions. Obtained significant rulings regarding discovery, summary judgment rulings applying estoppel and public policy, and a significant ruling regarding the recovery of attorneys’ fees under a surplus lines policy. The matter settled on the eve of trial. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented the officers and directors of a hospitality company in a multi-million dollar recovery under a directors and officers liability policy in connection with a derivative action. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented various companies in obtaining recoveries under fidelity and crime policies for employee embezzlement and other defalcations. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney represented world-renowned musical artists in recoveries under tour interruption policies. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney served as a key member of a litigation team that represented one of the Big Three automobile manufacturers in a complex insurance recovery litigation to establish coverage for product liability claims arising from insurer’s denial of coverage. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney serves as general coverage counsel for one of the world’s largest hospitality, concessions and food service providers. Barnes & Thornburg’s work for this client includes:

    A multi-million dollar defense and indemnity recovery from the client’s D&O carrier in connection with an underlying fraud and breach of contract action.

    A multi-million dollar defense and indemnity recovery from the client’s D&O carrier in connection with an underlying wage and hour class action.

    Securing defense coverage and indemnity commitments from the client’s general liability carriers for several underlying dram shop actions.
  • A Barnes & Thornburg attorney serves as general coverage counsel to one of the nation’s largest owner and operator of shopping malls. Barnes & Thornburg’s work for this client includes:

    The recovery of over $100 million from the client’s first party property insurers for losses associated with the destruction and rebuild of two New Orleans shopping center complexes in the aftermath of Hurricane Katrina.

    Multi-million dollar recoveries from the client’s first party property insurers for fire, flood and explosion related property losses at shopping malls throughout the country.

    The successful pursuit of crime coverage proceeds related to employee theft and dishonesty at a shopping mall in Las Vegas, Nevada.

    A multi-million dollar advertising injury recovery from the client’s general liability carrier for an underlying case alleging anticompetitive conduct.

    Advice and guidance on insurance code and regulatory issues, insurance program development and analysis, general liability and first party property matters, D&O and E&O issues and various landlord/tenant related damage, insurance and subrogation issues.
  • A Barnes & Thornburg attorney serves as general coverage counsel to one of the nation’s largest telecommunications companies. Barnes & Thornburg’s work for this client includes:

    Multi-million dollar defense and indemnity recoveries from the client’s historic general liability carriers for environmental exposures at a manufactured gas plant in Bangor, Maine and Superfund sites in North Carolina and Missouri.

    Multi-million dollar defense and indemnity recoveries from the client’s general liability insurers for an underlying electrocution-related bodily injury claim.

    Advice and guidance concerning coverage for asbestos exposures related to a predecessor company and its legacy liability program.
  • A Barnes & Thornburg attorney serves as general coverage counsel to the nation’s largest family-owned and operated ice cream manufacturer. Barnes & Thornburg’s work for this client includes:

    The successful pursuit of D&O coverage for an underlying class action alleging deceptive advertising, labeling and marking of the calorie count of certain ice cream novelty bars.

    Advice and guidance on D&O coverage issues related to threatened shareholder derivative claims.

    The defense of a significant deductible reimbursement claim associated with underinsured motorist’s coverage.
  • A Barnes & Thornburg attorney was appointed special insurance coverage counsel to a Jesuit organization, as debtor, relating to liabilities for underlying allegations of clergy abuse. In 2011, the bankruptcy court approved settlements of almost $120 million between the debtor and its historical insurance companies. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney was counsel in a class action case regarding the application of insurance coverage for 20,000 tort claimants with asbestos-related bodily injury claims pending against the Robert A. Keasbey Company (“Keasbey”). Keasbey was a defunct entity, leaving the defendant class as the real defendants in the action that CNA brought to terminate its insurance obligations. Scott Godes represented the defendant class from the answer and counterclaims through trial to protect the insurance interests. The case, worth an estimated more than $100M, included a four month bench trial regarding trigger of coverage, number of occurrences, products/non-products (premises/operations), waiver, estoppel, course of performance, course of dealings, notice, and wrap up coverage, among other issues. The trial resulted in a successful verdict for the defendant class. Continental Casualty Co. v. Employers Insurance Co. of Wausau, 16 Misc. 3d 223 (N.Y. Sup. Ct. 2007). (This matter occurred prior to the attorney joining Barnes & Thornburg LLP.)
  • A Barnes & Thornburg attorney was the lead counsel in an insurance coverage action regarding a complex construction accident claim. Attorney’s client won a summary judgment ruling that there was a duty to defend the additional insured’s contractual indemnity obligations to a third party. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg represented one of the world’s leading mattress and bedding innovators and manufacturers in its coverage claim arising out of an underlying trademark and patent infringement action. One behalf of the client, Barnes & Thornburg obtained judgment on the pleadings concerning the client’s general liability insurers’ duty to defend on the theory that the underlying action involved the covered personal injury offense of use of another’s advertising idea.
  • Barnes & Thornburg attorney Jim Leonard represented a former high-profile outside director of a failed Georgia bank. When the bank failed, the FDIC brought suit against firm client and the other bank directors and officers seeking more than $20 million in damages. Travelers Insurance Company had issued a directors and officers liability (D&O) policy to the bank insuring up to $5 million in losses, including all defense expenses. Travelers initially refused to settle with the FDIC once it demanded the policy limits to settle, which then caused the FDIC to withdraw its demand. Following contentious negotiations with the FDIC and Travelers (including multiple bad faith demands to settle), Travelers agreed to pay, and the FDIC agreed to accept, the policy limits to settle--thereby protecting our client’s personal assets.
  • Barnes & Thornburg attorneys assisted Sanyo Laser Products, Inc., in obtaining a ruling that confirmed the existence of a claim for bad faith breach of the duty to defend under a liability policy and that a policyholder may be entitled to recover its attorney fees if it prevails on a bad faith claim. Sanyo Laser Prods., Inc. v. Royal Ins. Co. of Am., No. 1:03cv1151 (S.D. Ind., filed Aug. 7, 2003).
  • Barnes & Thornburg attorneys defended the successor of a policyholder against a lawsuit in federal court in Connecticut in which an insurance company alleged that the indemnity provision of a claim services agreement required the policyholder to reimburse the entire amount of a product liability settlement and defense costs. The client only had to pay its deductible, and the 1980s occurrence-based CGL policies remain in place.
  • Barnes & Thornburg attorneys in multiple offices represented a major forest products/paper company in its historical legacy insurance recovery project, obtaining millions of dollars in insurance proceeds from solvent and insolvent insurance companies, both in the U.S. and abroad. The recovery efforts included payments from London-based and U.S. carriers who issued policies more than 50 years ago in some instances, and who have been insolvent for decades.
  • Barnes & Thornburg attorneys represent Valspar, a paint and coatings manufacturer, in a case involving two of Valspar’s historical general liability insurers disputing the contribution of defense expenses in long-tail toxic tort exposure cases. The suit includes claims that the second insurer’s policies that are subject to a large self-insured retention or a fronting arrangement are obligated to contribute to defense costs paid by the first insurer as part of its first-dollar defense obligation.
  • Barnes & Thornburg attorneys represented a bank suing in Illinois state court under a financial institutions bond for coverage of losses on a $10 million loan that was issued to refinance a hotel. After defeating a dispositive motion filed by the insurance company, the bank obtained a settlement of its claim.
  • Barnes & Thornburg attorneys represented a construction equipment manufacturer who obtained complete recovery of more than $1,000,000 in defense and indemnity costs under products liability and umbrella policies, where carriers claimed that client was not an insured under the policies.
  • Barnes & Thornburg attorneys represented a dry cleaning business in an insurance coverage lawsuit to confirm a liability insurer’s defense and indemnity obligations of more than $1 million in investigation and remediation expenses incurred following policyholder’s enrollment of dry cleaning sites in the Indiana Department of Environmental Management’s Voluntary Remediation Program. Subsequently, the client obtained virtually complete defense and indemnity coverage valued at more than $3 million for other environmental sites and an environmental liability lawsuit.
  • Barnes & Thornburg attorneys represented a major industrial coatings manufacturer in lawsuit against its liability insurance carrier to establish coverage for mass tort claims asserted against client.
  • Barnes & Thornburg attorneys represented a major life insurance company in lawsuit to establish coverage under a broker’s errors and omissions policy. The life insurance company client brought suit to get coverage from its E&O carrier after the carrier breached the contract of insurance when firm client was involved in a suit alleging deceptive sales practices. The case settled on favorable terms for client. Lincoln Nat'l Corp. v. Steadfast Ins. Co., No. 1:06cv58 (N.D. Ind., filed Mar. 1, 2006).
  • Barnes & Thornburg attorneys represented a major plastics manufacturer in a federal court action involving insurance coverage claims against its insurance carrier. When the insurance carrier refused to pay all of our client’s business income losses covered under its policy to cover costs from a devastating roof collapse at a manufacturing facility, our client sued the carrier for breach of insurance contract and insurance bad faith. Before deposition discovery began, the insurance carrier sought mediation and on behalf of client, we obtained a favorable seven-figure settlement.
  • Barnes & Thornburg attorneys represented a mechanical contractor in litigation against its liability insurance carrier to establish existence and terms of “lost policies” providing over $100 million in coverage for potential asbestos liabilities. The policies at issue dated back to the 1950s and 1960s and had been lost or destroyed.
  • Barnes & Thornburg attorneys represented a mechanical contractor in litigation involving insurance coverage for a $1 million verdict against plaintiff chemical company for a personal injury claim from firm client’s injured employee. The plaintiff brought suit against firm client and its own insurance carrier. After extensive litigation, the case was resolved favorably for our client.
  • Barnes & Thornburg attorneys represented a natural gas company in a $30 million coverage case that arose after the defendant refused to provide coverage for a large judgment entered against client in a prior proceeding. The case settled favorably for client.
  • Barnes & Thornburg attorneys represented a subcontractor defendant in a construction accident case, including a third-party claim against the general contractor for contractual defense and indemnity. The client appealed the case to the United States Court of Appeals for the Seventh Circuit, where the client won complete indemnification and attorneys’ fees.
  • Barnes & Thornburg attorneys represented a workers’ compensation self-insurers trust fund in a breach of contract case against the fund’s third-party administrator (TPA). The client alleged that the TPA committed widespread mishandling, causing excessive losses and expenses among more than 3,000 self-insured workers’ compensation claims. The client obtained a favorable $2.35 million judgment following a bench trial in federal court in Atlanta and the U.S. Court of Appeals for the 11th Circuit affirmed.
  • Barnes & Thornburg attorneys represented an engine bearings manufacturer in negotiating coverage for an environmental remediation under both the client’s own policies and the historical policies of prior owner/operators. The firm client prevailed, obtaining almost complete recovery of all legal, investigation, and remediation expenses incurred following policyholder’s enrollment of manufacturing site in the Indiana Department of Environmental Management’s Voluntary Remediation Program.
  • Barnes & Thornburg attorneys successfully settled a bad faith insurance case for our client before trial. Pekin v. The Paul Revere Life Ins. Co., No. 1:08cv3644 (N.D. Ill., filed June 26, 2008).
  • Barnes & Thornburg represented a major managed health care company and obtained reversal of summary judgment as to insurance coverage for claims against client in complex, multiple-layer insurance arrangement.
  • Barnes & Thornburg represented an automotive fuel pump manufacturer that was named in a suit involving a fuel pump that was modified and installed by other companies in a small aircraft that crashed. On behalf of our client we filed an insurance coverage case and obtained summary judgment against the insurer’s denial under an aircraft products exclusion. Airtex Products, LP et al v. American Home Assurance Co., Superior Court of California, County of Riverside, Case No.: RIC 1111153.
  • Barnes & Thornburg represented national bank in claim for recovery by mortgagee under an insurance policy. On behalf of our client, the firm engaged in early motion practice to defeat a Motion for Judgment on the Pleadings and the Court agreed with our client’s position, granted partial summary judgment, and found that our client was entitled to the insurance proceeds. Safeco Ins. Co. of America v. Howard, 2010 U.S. Dist. LEXIS 129072 (N.D. Ind. Dec. 6, 2010). [Also 2010 WL 5058549 and 2012 WL 443953 N.D. Ind. Feb 10, 2012 (NO.2:09-CV-166)].
  • In 2010, a member of Barnes & Thornburg’s Policyholder Insurance Recovery and Counseling Practice Group worked on a multi-jurisdiction, multi-forum dispute involving bankruptcy of a company that purchased a client’s division, dozens of personal injury actions, contractual indemnity obligations, and insurance and additional insured status. A global industrial services company had sold a division to a major product supplier, and there were indemnity agreements and additional insured obligations. Scott Godes was insurance counsel to the seller in the dispute. The client successfully defeated a forum dispute between Delaware state court and Alabama federal court, advised on the insurance coverage issues relating to the purchaser’s bankruptcy and attorney client’s rights as a creditor and additional insured, and litigated the question of additional insured coverage for both company’s policies. The attorney’s client was successful in protecting its rights in the bankruptcy, won the forum fight, and defeated the insurer’s summary judgment efforts in the Alabama action. There was a confidential settlement achieved shortly thereafter. (*This matter occurred prior to joining Barnes & Thornburg.)
  • On behalf of firm home builder client, a Barnes & Thornburg attorney obtained judgment in favor of insured client under Section 155 of the Illinois Insurance Code based on finding of insurer's vexatious and unreasonable action or delay and award of $25,000 in statutory damages and $263,305.48 for attorney fees and costs.
  • Represented client involved in mass tort litigation in negotiating detailed “lost policy” agreement with insurer.
  • Represented company in the business of receiving and treating non-hazardous waste waters to remove contaminants and separate out used oil for sale in insurance claim and related lawsuit for recovery of costs of responding to action for clean-up of contamination at one of its facilities and losses caused by the contamination.
  • Represented manufacturer of engines and related technology in nine-figure insurance claim for flood damage at several facilities.
  • Represented manufacturer of industrial machine in lawsuit against multiple property and casualty insurers to establish client’s entitlement to decades of insurance coverage for mass silica litigation brought against it.
  • Represented manufacturer of refrigerators in lawsuit to confirm coverage for vendors of its products in connection with product liability claims relating to those products.
  • Defended manufacturer of blood glucose meters and test strips against claims of patent infringement in a multi-billion dollar market. The case settled after the plaintiffs potential recovery was reduced by partial summary judgments of laches and invalidity and a motion in limine barring a substantial portion of the plaintiffs remaining damages claim.
  • Defended owner and manager of shopping mall in suit against national retail tenant for alleged violation of an “exclusive” clause in lease. Client obtained judgment interpreting lease provision, which was upheld on appeal.
  • Represented owner of high rise office building in asserting eight-figure claim to recover costs of substantial repairs to structure caused by storm damage.
  • Represented policyholder to procure successful resolution of declaratory judgment and bad faith denial action against insurer who withheld millions of dollars of coverage.
  • Represention of a multinational corporate policyholder following appeals by three insurers of adverse trial judgments of over $150 Million.
  • The Barnes & Thornburg Construction Law Practice Group represented a Chicago area real estate developer to handle all insurance coverage issues arising out of construction defect lawsuits filed by multi-building, mid-rise condominium associations. Services included seeking defense and indemnity from numerous insurance companies, and the defense of several declaratory judgment actions filed by insurance companies. We successfully obtained insurance payments for the defense of the construction defect lawsuits, and also obtained payments from several insurance companies to help settle the construction defect claims.
  • The Barnes & Thornburg Construction Practice Group successfully resolved all claims against a Chicago developer at mediation after three years of litigation in a high-profile case that arose out of the conversion of a historic building into offices and condominiums. The litigation involved two related cases, multiple parties and millions of dollars of alleged significant construction defects, as well as complex and disputed insurance coverage issues involving a "wrap" liability insurance policy issued for the project. The Barnes & Thornburg team took the lead role in the litigation and at the mediation, and the final settlement agreement resolved all claims for all defendants on very favorable terms. Among other things, our client’s share of the settlement amount will be paid entirely by its insurance carrier.
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