Insurance Recovery

Our attorneys have successfully resolved claims and lawsuits in a wide range of insurance areas, recovering substantial proceeds for our policyholder clients. We also represent clients throughout the process of resolving claims. Our experience in insurance matters has led clients to retain us as expert witnesses in coverage disputes.

Ball Janik LLP represented Perkins & Wiley LLC in an insurance coverage dispute arising from environmental contamination. Plaintiff Perkins & Wiley or its predecessors operated a dry cleaning business at the site from approximately 1950 to 1983. Throughout its operation, Perkins & Wiley purchased comprehensive general liability insurance from defendant Oregon Mutual Insurance Company (“OMI”).…
Ball Janik LLP has represented Oregon Health & Science University (OHSU), the premier medical, research and teaching hospital in Oregon, on insurance-coverage and broker-malpractice cases. James T. McDermott, Dwain M. Clifford, and Kevin S. Mapes (litigation partners) represented OHSU.
In a case involving unique valuation of new business issues, Ball Janik LLP is representing Imperium Renewables, Inc. as insurance coverage counsel.  Imperium Renewables is the owner and operator of the nation's largest BQ-9000® certified biodiesel refinery, Imperium Grays Harbor, in Hoquiam, Washington, which is capable of producing up to 100 million gallons per year.…
We represented Hyundai Motor Company in an insurance coverage lawsuit alleging breach of contract and bad faith against Illinois National Insurance Company, an AIG company. The lawsuit was based on Illinois National’s failure to properly manage the defense of an underlying wrongful death claim and Illinois National’s failure to settle within policy limits. Illinois National…
Ball Janik LLP represented Guy Carpenter & Company, LLC (a reinsurance intermediary that is part of the family of Marsh & McLennan Companies, Inc.) in a case filed in the Idaho Federal District Court asserting several claims by an insurer that allegedly suffered over $55 million in damages stemming from our client's placement and negotiation…
We represented Electro Scientific Industries, Inc. (“ESI”) in an insurance coverage lawsuit against National Union Insurance Company of Pittsburgh, an AIG company.  National Union provided ESI with Directors’ and Officers’ insurance coverage.  As a result of accounting irregularities and restated earnings, ESI was faced with class action and shareholder derivative lawsuits and an investigation by…
On behalf of the owners of a contaminated property, we pursued insurance coverage for a multi-million dollar clean-up of a chlorinated solvent plume in Milwaukie, Oregon.  Certain insurers had denied coverage entirely. Others had agreed to defend, but denied any duty to indemnify. After obtaining partial summary judgment against a carrier on the duty to defend, we…
Ball Janik LLP represented the estate of Columbia Aircraft Manufacturing Company ("Columbia") in an action against Affiliated FM Insurance Company for breach of an insurance contract, bad faith and to recover punitive damages. Columbia, a leading manufacturer of single-engine high-performance composite aircraft, was forced into bankruptcy following a freak hail storm in mid-2006 that damaged 66…
PricewaterhouseCoopers, Inc. retained Ball Janik LLP to provide expert testimony on Oregon and U.S. insurance coverage law, specifically including the application of U.S. and Oregon law to claims arising under Directors and Officers insurance policies. The matter was pending in the Supreme Court of British Columbia, where the parties sought a declaration of the coverage…
Ball Janik LLP has been pursuing insurance coverage for a community association in Utah with multi-building townhomes experiencing ongoing earth settlement as a result of improper soil compaction. This improper soil compaction occurred many years prior to the subsequent settling of the building. Over time, a building in the community settled by almost twelve inches.…