Practices

Insurance Recovery

Insurance coverage issues, particularly those arising in complex commercial claims, are among the most challenging in the law. Brouse has been at the forefront of these legal developments for more than 25 years. The firm’s insurance coverage clients include both U.S. and foreign businesses in many industries and of all sizes, from closely held corporations to Fortune 100 Companies. For these clients, we have obtained recoveries ranging from hundreds of thousands to the hundreds of millions of dollars. Our lawyers also have taken the lead in critical amicus efforts in both federal and state courts to develop and protect the law for the benefit of policyholders.

Brouse lawyers are also versatile. They are experienced at working with clients to devise claim and litigation approaches appropriate for claims of all types, ranging from modest disputes, including those with potentially broad precedential implications, to bet-the-company cases. The firm has experience with the following types of claims, among others:

Environmental claims
Asbestos claims
Lead paint claims
Mold claims
Silica claims
Directors and officers liability claims
Crime coverage claims
Product liability claims
Construction defect claims
Builder’s risk claims
Property claims for losses from fire and other catastrophic events
Hurricane claims
Employment practices liability claims
Workers’ compensation claims
Professional services claims
Securities claims
Aircraft claims

In many instances, the firm has been able to assist clients in obtaining insurance recoveries without resorting to litigation. When necessary, Brouse has litigated coverage cases to conclusion, including litigating such cases through the highest appellate levels. In short, we can assist clients in interpreting and evaluating insurance policy provisions, formulating sound coverage positions, and implementing effective coverage litigation strategies. The breadth and depth of our experience in this area, and our long record of success, place us among the leading policyholder coverage firms in the country.

Overview
Insurance Recovery
Insurance coverage issues, particularly those arising in complex commercial claims, are among the most challenging in the law. Brouse has been at the forefront of these legal developments for more than 25 years. The firm’s insurance coverage clients include both U.S. and foreign businesses in many industries and of all sizes, from closely held corporations to Fortune 100 Companies. For these clients, we have obtained recoveries ranging from hundreds of thousands to the hundreds of millions of dollars. Our lawyers also have taken the lead in critical amicus efforts in both federal and state courts to develop and protect the law for the benefit of policyholders.

Brouse lawyers are also versatile. They are experienced at working with clients to devise claim and litigation approaches appropriate for claims of all types, ranging from modest disputes, including those with potentially broad precedential implications, to bet-the-company cases. The firm has experience with the following types of claims, among others:
- Environmental claims
- Asbestos claims
- Lead paint claims
- Mold claims
- Silica claims
- Directors and officers liability claims
- Crime coverage claims
- Product liability claims
- Construction defect claims
- Builder’s risk claims
- Property claims for losses from fire and other catastrophic events
- Hurricane claims
- Employment practices liability claims
- Workers’ compensation claims
- Professional services claims
- Securities claims
- Aircraft claims
In many instances, the firm has been able to assist clients in obtaining insurance recoveries without resorting to litigation. When necessary, Brouse has litigated coverage cases to conclusion, including litigating such cases through the highest appellate levels. In short, we can assist clients in interpreting and evaluating insurance policy provisions, formulating sound coverage positions, and implementing effective coverage litigation strategies. The breadth and depth of our experience in this area, and our long record of success, place us among the leading policyholder coverage firms in the country.

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Attorneys
Christopher J. Carney
Clair E. Dickinson
Sallie Conley Lux
Paul A. Rose
David Sporar
Richard S. Walinski
News
March 26, 2021Brouse Noted in Law360 for Successful Verdict in First Virtual Jury Trial in Northern District of Ohio
Seminars & Events
January 12, 2017Cyber and Social Engineering Fraud Insurance Coverage
July 28, 2016Broker Liability and Best Practices
February 22, 2013Advanced Insurance Coverage Seminar
Client Advisories
March 27, 2020Insurance Alert: How Do I Get Business Interruption Covered: Does COVID-19 Constitute Direct Physical Damage or Loss?
May 21, 2015Brouse McDowell Business Minutes - Insurance Against Data Breaches
May 07, 2015Brouse McDowell Business Minutes - Insurance Coverage Claims
Articles
July 01, 2016Realize the risk - Biometric data could widen your exposure if you're not cautious.
May 02, 2016Preserve the asset value - A look at how to preserve insurance assets in a corporate transaction
March 30, 2016New Rules of the Road - How Auto Insurance Coverage is Changing To Meet the Needs of App-Wielding Rideshare Generation
March 07, 2016Is Coverage Hiding in Your Insured Contracts?
Blogs
Insurance Blog
March 23, 2017Know Your Notice Provisions: How Some Courts Do Not Forgive Late Notice
March 21, 2017A Broker's Balancing Act: Providing Extraordinary Client Service without Creating a Fiduciary Relationship
March 7, 2017Lessons Of Groningen: Can European Experiences Inform U.S. Shale Activities?
February 20, 2017Ohio Seventh District Orders Trial on Claim for Bad Faith Claims-Handling
February 14, 2017New Jersey Court Rules Anti-Assignment Clauses in Insurance Policies Cannot Restrict the Transfer of Post-Loss Claims
January 24, 2017Implied Disparagement: How "Falsely" Advertising Your Own Product May Be A Covered Claim
January 17, 2017Whose Side Are You On? The Sixth Circuit Discusses Party Alignment of Policyholders
December 22, 2016Insurance Coverage for Employee Theft: How Unknown Facts can Preclude Coverage
August 31, 2016Are You Afraid of the Dark? After a Power Outage, What Exclusions Might You Find Lurking In Your Policy?
August 24, 2016Two Bites at the Apple: The Potential Impact of Lexington Ins. Co. v. DunnWell, LLC on Orders Declining to Find a Duty to Defend
July 14, 2016Food Recalls: Are You Covered?
July 5, 2016Lessons of Gawker: How Tactical Decisions Lead to Strategic Consequences
June 6, 2016A CGL Policy May Not Cover Your Liability Arising from Your Employee's Intentional Acts
April 21, 2016Ohio Court of Appeals Finds Limitation on Bad Faith Discovery
April 14, 2016Stopping the Trojan Horse: Preventing Insurers From Intervening in Underlying Actions to the Prejudice of Their Insured
April 13, 2016Serious as a Heart Attack: The Sixth Circuit Rules that a Hospital's Late Notice to its Excess Insurer Precluded Coverage under a Claims-Made Policy
March 29, 2016Teaching Old Dogs New Tricks: How New Efforts to Curtail Fracking May Result in More Insurance Coverage Disputes
March 25, 2016An Unknown Known: Conflicting Views on the Knowing Violation Exclusion to Insurance Coverage of Defense Costs in Advertising Injury Claims
March 22, 2016Is Your Broker More Than Your Agent?
March 7, 2016How to Reduce the Risk of Being Required to Reimburse Your Insurer for Defense Costs
March 2, 2016Not for Lack of Trying, Insurers Cannot Escape Certain Liability when an Insured Files Bankruptcy
March 1, 2016A Glimmer of Good News for Uber: Coverage for Negligent Hiring and Retention Claims
February 5, 2016Insurance Coverage for Emerging Environmental and Energy Risks
January 27, 2016California Supreme Court Holds That Insurer Can Recover Litigation Costs Directly From Cumis Counsel
January 20, 2016Can You Really Protect Your Brand From Guilt by Association?
December 9, 2015Three Lean Management Principles That Apply to Risk Management
December 2, 2015Tips for Effective Insurance-Coverage Appeals
November 18, 2015Guest Blogger, Lori Siwik, Lean Risk Management
November 11, 2015Third Circuit Holds That FTC Has Authority to Regulate Cybersecurity
October 28, 2015Insurance Policy Exclusions: What Constitutes Prior Publication?
October 21, 2015Guest Blogger, Lori Siwik, Lean Leadership - Are You a Lean Leader?
October 14, 2015The Importance of Timely Reporting Claims Under an Employment Practices Liability Policy
October 7, 2015Guest Blogger, Lori Siwik, Applying Lean Six Sigma to a Company's Risk Management
September 8, 2015CNA Fails To Comply With Its Own Mandatory ADR Provision, Cyber Coverage Case Dismissed
August 28, 2015The City Doth Protest Too Much? Cleveland's Plan to Purchase Protest Insurance for the 2016 Republican National Convention
August 19, 2015Courts Consistently Reject Insurer's Attempts to Create a Tort Claim of "Reverse" Bad Faith
August 10, 2015Insurance for Trademark Infringement: Why the Best Defense May Cost You in the End
July 16, 2015Are You Protected When You Use Uber or Lyft? The Pros and Cons of Ride-Sharing Companies for Passengers
July 1, 2015Cyber Risk Policy Gets One of its First Coverage Rulings in Federal Court: Case Update
June 15, 2015Buyer Beware: Insurance Coverage for Successor Entities After Closing
June 3, 2015College Athletes and Loss-of-Value Insurance: Protecting Their Blind Side (Or Not)
May 27, 2015Insurance Coverage for Food Contamination Costs
May 21, 2015Trademark or Slogan: Insurance Coverage for Intellectual Property Infringement
May 14, 2015After The Altar: Why Life Insurance Beneficiaries Can't Always Rely On State Law
May 8, 2015Home Rental during the Republican National Convention: Managing Risks for a Big Reward
May 1, 2015Employment Practices Liability Insurance - Is it Right for Your Business?
April 22, 2015According to Hoyle: The Ohio Supreme Court's Elimination of Employers Liability Coverage for Employer Intentional Torts for Some Policyholders
April 15, 2015Are Punitive Damages Insurable in Ohio?
April 3, 2015It's Complicated - A Real Life Example of a "Simple" Insurance Coverage Claim
February 27, 2015Federal Regulations to Cover Companies Outside the Healthcare Industry as Healthcare Data Breaches Reach New High
February 20, 2015Stop the Shredding: Complying with preservation obligations involving third parties.
January 27, 2015By Racing to the Courthouse, Insurers may be Breaching the Duty of Good Faith Owed to Policyholders
January 5, 2015Is Defective Construction Covered by Your Insurance Policy?
August 5, 2014Employers Required to Establish Employee Theft for Coverage under Crime Policies
July 3, 2014Settling with Your Primary Insurer Could Be a Multi-million Dollar Mistake
June 27, 2014Recovering Your Attorneys' Fees in an Insurance Recovery Action Is Easier Than You Might Think
June 3, 2014Frack-Quakes: Will Your Policy Provide Coverage for Injection-Well Earthquakes?
May 1, 2014Practical Tips for Responding to Reservation of Rights Letters
March 21, 2014Can an Insurer Force Its Policyholder to Use an Attorney Chosen by the Insurer?
March 7, 2014Avoid Common Pitfalls When Giving Notice to Your Insurance Carrier After a Loss
February 25, 2014Insurance Coverage Claims: Narrowing the Information Gap