SECURING YOUR CLAIMS
Ball Janik LLP’s Insurance Recovery practice is widely considered an industry leader among Pacific Northwest law firms. Our attorneys have successfully resolved claims and lawsuits in a wide range of insurance areas, recovering substantial proceeds from hundreds of domestic and foreign insurers. To secure the most cost-effective outcome for clients, we pursue negotiation opportunities when prudent, consider alternative dispute resolution techniques when they hold promise, and go to court when necessary.
Our practice ranges from large-scale litigation on behalf of corporate policyholders under complex occurrence-based and claims-made coverages, to individual claims under property, disability, health, and other personal policies. We are regularly retained by national, and international, brokers and agents and reinsurance intermediaries when they become enmeshed in coverage disputes or litigation. We also provide proactive strategic coverage advice to clients and represent them throughout the process of resolving claims.
DEPTH & EXPERIENCE
When a client suffers a covered property loss, the resulting business losses can exceed the costs of repairing the damage. We understand business interruption losses and assist clients in presenting their claims to their insurers. When landslides closed the roads leading to our client, a major Northwest ski resort, we helped our client recover its lost income from its insurance carriers. We have handled other business interruption claims for our clients, including an aircraft manufacturer and a biodiesel refinery.
Commercial General Liability Coverage
We regularly advise clients on insurance coverage issues arising under commercial general liability insurance policies, including both occurrence-based and claims made policies and both primary and excess/umbrella policies. We have handled matters involving bodily injury, property damage, personal injury, and advertising injury. When our clients are faced with potentially devastating claims, we make sure that their insurance carriers understand their coverage obligations and take the appropriate steps to protect their insureds. When insurers fail to comply with the terms of their policies we pursue all appropriate options, including litigation. The firm has successfully litigated general liability coverage claims in state and federal courts throughout the Northwest.
The firm has broad knowledge in insurance issues arising from construction projects. We have helped clients recover under builders’ risk policies for losses that occurred during the course of construction. We regularly advise clients who are faced with construction defect claims on the coverage available under their liability policies, and we do everything possible to make sure the insurance carriers honor their policy obligations. Where necessary and appropriate, we sue recalcitrant carriers in state or federal court. We also advise clients regarding appropriate insurance coverage, including Owner-Controlled and Contractor-Controlled Insurance Programs (OCIP and CCIP “wrap” policies).
Directors & Officers, Fiduciary, and Errors & Omissions
We represent corporate clients with complex coverage issues arising under Directors and Officers (D&O), Fiduciary, and Errors & Omissions (E&O) insurance policies. We represented a high-tech company with regard to claims arising from accounting irregularities and restated earnings, which resulted in class action and shareholder derivative lawsuits. We sued our client’s D&O insurer in federal court in Portland and ultimately negotiated a favorable settlement. We were also retained by a bankruptcy trustee to provide expert testimony on Oregon and U.S. insurance coverage law, including D&O coverage issues, to a court in British Columbia.
Increasingly, sophisticated employers are purchasing Employment Practices Liability insurance. With that increase comes an increase in coverage issues arising under such policies. We assist clients in understanding the scope of their employment coverage and in presenting appropriate claims and negotiating, or litigating, appropriate resolutions.
In federal court in Portland, the firm successfully tried to a jury Oregon’s first environmental insurance coverage case. Since then, we have continued to advise clients on insurance coverage issues arising from environmental contamination, and we have successfully litigated environmental coverage cases in Oregon and Washington state and federal courts and in the Ninth Circuit Court of Appeals.
The firm represents clients with regard to issues arising from first-party property insurance claims, including claims for fire damage, flood damage, wind damage, and collapse. We assist clients in maximizing the benefits of their property insurance policies and in understanding their rights and obligations under the policies. Where a client’s business is impacted by a covered loss, we assist the client in the pursuit of appropriate business interruption claims. Where necessary, we have successfully litigated claims under property insurance polices throughout the Pacific Northwest.
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Summary of Other Areas
Our experience and experience extends to all of the following: Amici Curiae, Asbestos, Aviation, Broker/Agent Liability, Business Torts, Contractor-Controlled Insurance Programs (CCIPs), Construction Defects, Facultative Reinsurance, Fire, Flood, Hearing Loss, Health Care, Insurer Bad Faith, Intellectual Property, London-Market issues, Long-Term Disability, Lost Policies, Owner-Controlled Insurance Programs (OCIPs), Products Liability, Professional Liability, State Insurance Department Matters, Treaty Reinsurance, Various Specialty Policies, and Workers’ Compensation.