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A substantial portion of Covington's policyholder coverage practice involves advisory work designed to position our clients as favorably as possible in future coverage disputes or, better, to prevent such disputes altogether. Our advisory work includes:
Placement/Renewal. Policy wording for many types of coverage, including directors’ and officers’ policies, is often subject to negotiation with insurers. We help policyholder clients who are placing or renewing coverage obtain favorable policy terms through enhancements or clarifications that can broaden coverage and help avoid certain disputes with insurers.
Coverage Assessments. We perform coverage analyses to help clients evaluate their current insurance programs and assess coverage for pending or potential claims.
Preserving Coverage Rights. To minimize insurers' defenses to complex coverage claims, we help clients to structure their day-to-day reporting systems, and to establish protocols on when and how to notify insurers of claims and potential claims. We may continue to represent these policyholders in dealing with adjusters and insurers throughout the process of resolving these claims. As events unfold in a client's business, we are often in daily contact with in-house counsel or risk managers, advising them on steps to take — or not to take — to protect coverage.
Locating/Reconstructing Policies. When policies are missing, we help clients find or reconstruct them through insurance archaeology or amass secondary evidence sufficient to demonstrate coverage either through negotiation or litigation.
Representative Matters
- Advice to Fortune 500 companies on the most advantageous renewal terms and options for D&O insurance programs.
- Ensuring consistency among primary and excess policies in multi-layer general liability and D&O insurance programs for Fortune 500 companies.
- Comprehensive analyses of coverage potentially available under historical insurance programs for long-tail liabilities such as environmental, asbestos-related and occupational disease claims.
- Advice to large- and medium-size businesses regarding coverage for losses sustained in hurricanes, earthquakes, and other natural disasters.
- Assessing coverage under client’s different insurance programs for losses potentially arising from computer breakdown and other business risks.
- Reconstruction and evaluation of historical general liability program for new Risk Management department at Fortune 500 company.
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