Insurance Litigation
Bondurant represents policyholders in disputes with their insurance carriers. When a coverage dispute arises, we protect our clients’ right to use the coverage they paid for, negotiate settlements, and litigate or arbitrate. We help policyholders recover insurance for claims under any policy type, including commercial general liability, umbrella and excess, directors and officers liability, professional liability, and specialty policies. We have successfully represented clients seeking to enforce policies ensuring representation and warranties in significant business transactions.
We also pursue tort claims against insurers for wrongful denials of coverage or failure to settle within policy limits. Our work includes evaluating the potential for such claims before the underlying litigation is complete, as well as litigating claims directly against insurance companies. We also review clients’ insurance programs to maximize recovery and advise on strategies to prepare for future disputes or avoid litigation altogether.
Representative Work
Successfully represented a publicly traded REIT in disputes exceeding $50 million over insurance coverage related to breaches of representations and warranties in two significant business acquisitions.
Negotiated coverage and payment for property losses suffered by a publicly traded rent-to-own company due to a major hurricane’s impact on stores and inventory.
Defended a major retailer in a cyber insurance claim, addressing defense and indemnity needs against multiple class actions alleging privacy law violations.
Resolved insurance coverage disputes on behalf of a major retailer with several carriers to confirm wage and hour coverage and recover payments.
Successfully represented clients in a lawsuit over insurer’s defense and settlement of liability claims against clients’ wishes.
Advocated for a client in a lawsuit against an insurance broker over failure to provide notice of a claim.
Represented a medical manufacturing company in litigation and settlement negotiations to cover losses from mold damage at a manufacturing facility.
Advocated for a publicly traded oil company in an arbitration seeking insurance coverage for a major oil spill incident.
Represented property owners, managers, and judgment holders in an appeal challenging insurers’ failure to fulfill policy obligations and settle claims.
Represented company and recovered significant losses related to employee misconduct by simultaneously pursuing a breach of contract claim against a financial services company and an insurance claim under a commercial crime policy.
Advised a landlord on maximizing insurance recovery while mitigating liability risk from tenants following significant casualty to commercial property.
Regularly represent and advise clients on policy-limits demands and negligent failure to settle claims against insurers.
