Insurance Coverage

Calfee’s Insurance Coverage practice group serves corporate insurance policyholder clients, in Ohio and nationwide. Our principal purpose for more than 25 years has been to help our clients protect against and mitigate risk through the use of insurance. We collaborate with and counsel our clients on all aspects of their insurance coverage legal needs. Our core values are: creativity, focusing on the issues that matter, and attentiveness to clients.

To help manage and minimize the risks, losses, and liabilities that pose threats to our clients, Calfee’s Insurance Coverage attorneys provide advisory and claims services. We assist our clients with the placement and enhancement of their insurance policies, reviews of their existing policies, shaping and pursuing claims to get losses paid by their insurance companies, negotiating resolutions to disputed insurance claims, litigating coverage lawsuits against their insurers, and finding solutions for insurance coverage issues in corporate M&A deals. 

We have experience with a wide array of policy types, from newer products such as cyber and M&A representations and warranties insurance, to more traditional policy forms such as commercial general liability (CGL), umbrella, excess, property, D&O, professional liability, and EPL policies, to more specialized policies such as builder’s risk, liquor, and aviation.

Noteworthy

Certified Insurance Law Specialist by the Ohio State Bar Association

The leader of Calfee’s Insurance Coverage practice, James Sullivan, is one of only 24 lawyers in the state of Ohio certified as insurance law specialists by the Ohio State Bar Association.

Chambers USA Band 1 Ranking in Insurance: Policyholder (Ohio)

Calfee's Insurance group has been ranked by Chambers USA in Band 1 for Insurance: Policyholder in Ohio, one of only three law firms ranked in this practice in the state. Chambers USA 2020 commentators note that the team "boasts an impressive reputation with decades of experience in policyholder insurance representation. It is well known for its capabilities in risk mitigation and cost recovery strategies and provides representation in all aspects of insurance coverage policy disputes, including those surrounding M&A transactions. They have an impressive roster of clients that includes those in the academic, healthcare and manufacturing sectors."

Chambers USA 2020 cited client feedback received as part of its research process, "They couldn't have done a better job. They are the best outside counsel I have ever used."

Calfee Insurance practice group leader and Partner, K. James Sullivan was ranked in Chambers USA 2020, Band 1 in Insurance for Ohio. Chambers commentators noted, "James Sullivan is held in high esteem as 'one of the best policyholder lawyers' in Ohio. He is also praised for his 'sophisticated and diplomatic' approach to complex recovery claims, which sees him handle a wide range of coverage disputes. One source reports: 'He does an excellent job in analyzing situations and getting a good result. He is smart, well respected and capable in the courtroom.'"

U.S.News – Best Lawyers "Best Law Firm" Rankings

Calfee was selected for inclusion to the U.S.News – Best Lawyers "Best Law Firms" Rankings in Insurance Law in 2020 (National Tier 3, Metropolitan Tier 1 Cleveland) and Litigation - Insurance (Metropolitan Tier 1 Cleveland).

Professionals

Experience

• We help publicly traded, closely held, and private equity clients secure and negotiate representations and warranties insurance (RWI) to protect the value of their M&A deals.
• We provide advice to clients in M&A deals and other transactions concerning insurance and indemnification issues. 
• We counsel clients’ risk management teams and work with brokers on insurance procurement and renewals and help clients maximize the scope of their coverage through customized endorsements to standard policy forms. 
• We counsel clients and work with brokers to evaluate and negotiate specialized policy enhancements, including with respect to cyber, directors’ and officers’ (D&O), fiduciary, and employment practices liability (EPL) policies.
• We advise clients on best practices for tracking their insurance coverage assets and timely identifying and reporting losses and third-party claims to their insurance companies.
• We help clients identify insurable losses, provide effective notice and claim submissions to their insurers, address reservations of rights and denials issued by their insurers, and negotiate the resolution of coverage disputes with their insurers.
• We prosecute and defend insurance coverage lawsuits in state and federal trial and appellate courts nationwide, as well as in alternative dispute resolution forums such as arbitration and mediation.
• We review clients’ insurance portfolios and assess methods for maximizing the value of those assets, including by developing theories and models for triggering multiple policy years and securing full limits and sub-limits.
• We assist clients with insurance archaeology, finding and preserving historical insurance policies for long-tail liabilities spanning decades back to the mid-1900s, such as asbestos, silica, chemical exposure, and environmental. 
• We analyze clients’ corporate histories and acquisition agreements to secure coverage under predecessors’ insurance policies for claims arising out of products sold by the predecessor corporations. 
• We guide clients on issues involving large self-insured retentions, deductibles, retrospective premium arrangements and captive insurance programs. 
• We counsel clients concerning relationships and agreements with insurance brokers.
• We advise and represent clients in matters involving insurance company insolvencies.

Presentations

Our team frequently presents on various insurance coverage topics, including, most recently:

• "Beware the Trip Wires: How to Protect and Maximize Insurance Coverage Assets," Advanced Issues in Insurance Coverage, Akron Bar Association, January 2019 (K. James Sullivan, Alexander B. Reich)