We help businesses fully utilize insurance as an important tool to offer protection against commercially significant risks and allocate or shift risk appropriately among parties to business arrangements. We assist clients in securing the coverage that is available under their policies when claims arise, so that our clients benefit from their premium dollars.
Our attorneys can clarify and explain the limitations of currently available coverage to assist with business planning and to address or control risk, where possible.
- Simultaneously resolved a suit with the purchaser of a client’s business, a coverage dispute with the client’s environmental insurer and clean-up orders issued by the State of Connecticut by creating a new corporation to receive insurance proceeds dedicated to remediation of contamination at the business.
- Assisted a lender with analyzing historical coverage available to a potential borrower which faced over 100 high profile lawsuits arising from the acts of a former employee to evaluate the risk that potential verdicts could impair the borrower’s ability to meet its obligations under the financing agreement.
- Refocused a client’s claim from a crime policy to errors and omissions coverage, when investigation of underlying facts revealed that the crime policy would not cover losses to a third-party injured by the acts of the client’s employee.
- Identified a gap between existing coverage for an U.S. company and the program of insurance held by the foreign entity which sought to purchase it and negotiated the purchase of insurance by the foreign buyer to protect the principals of the U.S. company through the transition following the acquisition.
- Negotiated a new structure for exclusions in an environmental insurance policy specific to the needs of both the seller and buyer of contaminated property, including protection for potential third-party liability, while addressing insurer concerns about existing Transfer Act obligations.
For more information on Brenner, Saltzman & Wallman’s Insurance practice group, please contact Holly Winger.