Insurance Recovery
Novel Claims, Practical Solutions
Clients describe us as "top-notch lawyers who provide great customer service and are practical. They understand our business concerns and can help us balance the pros and cons of various paths," according to Chambers USA.
According to Chambers USA, clients describe us as "top-notch lawyers who provide great customer service and are practical. They understand our business concerns and can help us balance the pros and cons of various paths."
We represent the interests of policyholders exclusively, working tirelessly to secure recoveries for our clients. We litigate coverage claims when necessary, but focus on developing innovative, non-litigation solutions for our clients’ complex coverage disputes. To proactively avoid disputes, we provide risk management counseling and insurance advice to our clients on all of their most challenging and important matters.
Our team knows the insurance business from every angle and can help you with every kind of claim, from general liability to D&O, E&O and cyber. We leverage that vast experience to address the cutting-edge coverage issues facing policyholders today: cyber and data breach coverage, the unique business risks facing high-growth technology companies, and some of the most complex insurance disputes in the financial services area.
Our approach emphasizes out-of-court solutions wherever possible – obtaining the best recoveries while minimizing the cost and disruption of the courtroom. But when necessary, we bring our courtroom experience to vigorously litigate against our clients’ insurers.
Cyber Risk
Our team is at the forefront of the emerging area of cyber risk and data breach insurance, and has counseled numerous companies on insurance strategy and claims management in the aftermath of major cyberattacks. We work hand in hand with our Cyber, Privacy & Data Innovation team to craft comprehensive cybersecurity programs, advising on the acquisition of cyber-risk policies and helping clients develop breach response procedures that preserve coverage. When a breach occurs, we mobilize immediately and work closely with our client’s in-house team on every step of the response.
We have counseled leading players in some of the most at-risk industries on cyber coverage, including those in the retail and technology sectors and online gaming and ticketing platforms. Our counseling draws on insights from our experience recovering breach-related losses in and out of court under many kinds of policies: cyber policies, general liability policies, tech/media E&O policies and property/business income policies. We helped Sony pursue coverage in the wake of an attack on its gaming network, which resulted in over 60 putative class action lawsuits, and even more recently when Sony Pictures’ network and technology infrastructure was the target of a cyberattack. We continue to represent other clients addressing some of the largest data breaches on record.
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Trending Specialized Coverage
We are the go-to firm for special purpose acquisition company (SPAC) transactions, and our insurance lawyers have innovated D&O coverage advice for target companies in these newly mainstream transactions.
Companies turn to Orrick’s insurance lawyers for supply chain and business interruption coverage, claim, and recovery counsel related to COVID-19.
Cyber Risk
When there is a high-profile breach or network outage, we help clients pursue coverage under cyber and technology E&O policies for related class actions and business interruption losses, and D&O coverage for outage-related regulatory matters and investigations.
We also work with our Cyber and Privacy team to craft cybersecurity programs, advise on the acquisition of cyber-risk policies and help develop breach response procedures that preserve coverage.
Financial Services
At the forefront of RMBS monoline litigation. For Credit Suisse, we secured dismissals in three high-stake monoline actions, as well as completed a two-week bench trial in the case filed by monoline insurance company MBIA. This was only the fifth RMBS case to go to trial.
A destination practice for the technology and finance sectors, two of Orrick’s pillar industries, we advise premier and pioneering fintech brands on all types coverage issues, including under crime policies for funds transfer fraud.
Life Settlements
We were one of the first major law firms active in life settlements, and we now have the largest full-service team in the U.S. We’ve successfully:
- Represented Credit Suisse entities, EFG Bank, EEA, other financial institutions, banks and hedge funds in cost of insurance opt-out lawsuit against a variety of insurers;
- Represented multiple financial services clients in acquiring life settlements portfolios exiting bankruptcies and restructurings; and
- Created favorable legislation for investors that made it unfeasible for carriers to try to invalidate life settlements issued in a state.
General Liability
We represent policyholders in claims under commercial general liability policies, including:
- Environmental
- Asbestos
- Product liability
- Toxic tort
- Intellectual property
Regulatory
Our Public Policy group is the only major law firm practice devoted to solving clients’ enforcement, legislative and regulatory issues in all 50 states. Our Public Policy group’s insurance regulatory experience concentrates on dispute resolution with regulators, namely, handling and resolving investigations and inquiries by insurance regulators, state attorneys general, and other state government stakeholders relating to insurance or purported insurance offerings.
Insurance Policy Reviews
We review active primary and supplemental coverage policies to identify deficiencies and help mitigate risk. Clients also rely on us for assistance with policy renewals and procuring additional coverage. Our team has collectively reviewed tens of thousands of insurance policies, including:
- D&O
- E&O
- Commercial general liability
- Employment practices liability
- First party
- Fiduciary liability
- Cyber risk
- Property
- Business income
- Reps and warranties
- Tax liability
- Pollution liability