Insurance Recovery

Calfee’s Insurance Recovery Group is one of the largest of its kind in Ohio. For more than 25 years, we have represented corporate and individual policyholders in resolving insurance coverage disputes through litigation and alternative dispute resolution, and have obtained substantial insurance recoveries on behalf of our clients.

Our Insurance Recovery attorneys have handled a wide range of insurance matters, including asbestos, bankruptcy, benzene exposure, commercial general liability, construction defects, commercial crime, directors’ and officers’ liability, employment practices, environmental, fiduciary liability, health and disability, private equity fund liability, product liability, professional liability, property and business interruption, and silica.

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We represent and have represented public and private companies, private equity funds, captive insurance programs, and individual policyholders in evaluating and maximizing insurance coverage and in handling insurance disputes ranging in magnitude from thousands of dollars to hundreds of millions of dollars. We work closely with chief financial officers, corporate risk managers, in-house counsel and outside brokers in negotiating policy renewals, structuring insurance programs to cover particular risks, counseling clients on insurance issues in mergers and acquisitions, and in obtaining insurance recoveries.

Recovery Experience

  • Represented numerous public and private companies in recovering substantial primary and excess insurance for the defense and settlement of asbestos, silica and chemical exposure bodily injury claims filed throughout the United States. 
  • Represented public company as coverage counsel in connection with securing coverage for defense and settlement of national consumer class actions. 
  • Negotiated defense and settlement coverage under directors’ and officers’ liability insurance with respect to executives named in securities fraud and breach of fiduciary duty litigation. 
  • Successfully litigated employment practices insurance claim involving wrongful termination judgment against client’s Spanish subsidiary. 
  • Successfully represented manufacturer of technology products in recovering full policy limits under property policy for total loss of assets in its Russian plant. 
  • Represented public companies in obtaining coverage for defense and settlement of substantial business tort and unfair competition litigation asserted by competitors. 
  • Represented companies in litigation seeking hundreds of millions of dollars in insurance for the defense and settlement of thousands of asbestos bodily injury claims. 
  • Successfully litigated coverage for losses suffered by manufacturer of medical technology equipment under marine cargo policies. 
  • Represented numerous employers in securing defense and settlement coverage for employee intentional tort claims under employers’ liability/stop gap policies. 
  • Represented public company and its Brazilian subsidiary in recovering substantial settlement under commercial crime policy arising out of manager’s embezzlement of funds through fraudulent invoicing scheme. 
  • Represented public utility in seeking coverage under additional insured endorsement to contractor's liability policy resulting in substantial recovery from contractor's insurance company.

 Counseling Experience

  • Worked with clients and brokers in evaluating and negotiating enhancements to directors’ and officers’, fiduciary and employment practice liability policies.
  • Assisted numerous companies in finding and preserving historical insurance policies issued prior to 1985 which provide significant coverage for asbestos, silica, chemical exposure, environmental and other “long-tail” claims filed against clients. 
  • Counseled clients’ risk management teams on insurance procurement and renewals and helped clients maximize the scope of their coverage through customized endorsements to standard policy forms. 
  • Reviewed clients’ portfolios of historical insurance policies and uncovered overlooked limits of insurance which provided millions of dollars of coverage for long-term exposure claims. 
  • Provided advice to clients in corporate acquisitions and other transactions concerning insurance and indemnification issues. 
  • Reviewed clients’ corporate histories and acquisition agreements to secure coverage under predecessors’ insurance policies for claims arising out of products sold by the predecessor corporations. 
  • Counseled clients concerning relationships and agreements with insurance brokers to protect clients against broker errors and omissions. 
  • Counseled clients on issues involving large self-insured retentions, deductibles, retrospective premium arrangements and captive insurance programs. 
  • Represented clients in matters involving insurance company insolvency.