Insurance Coverage

Hirschler Fleischer assists policyholders with insurance coverage issues. Corporate clients and other policyholders have recovered substantial amounts from insurance companies, thanks to the efforts of Hirschler Fleischer’s insurance coverage attorneys.

Hirschler Fleischer’s Insurance Recovery Group provides advice on and handles disputes involving all types of business policies, including commercial general liability, directors’ and officers’, toxic torts and environmental, crime and fidelity policies, errors and omissions, property and business interruption, and cyber-risk, among other types of insurance.

Insurance disputes and litigation often erupt due to a lack of understanding the insurance coverage, policy requirements, and claim handling process. That is why Hirschler Fleischer works with policyholders from beginning to end, reviewing and creating insurance policies; filing claims and working through the adjusting process; reacting to coverage decisions; and when necessary, making the determination to arbitrate or litigate. We do this best by understanding our clients’ unique business needs, ensuring those needs are reflected in clients’ insurance policies, and aggressively pursuing solutions to maximize a client’s recovery.

Reviewing & Creating Policies

While Hirschler Fleischer has extensive insurance recovery litigation experience, we can also help you long before the need for litigation become apparent – often helping you avoid it altogether.

Depending on the scope of your insurance program, within two to four weeks in most instances we can study your existing insurance policies and gain a thorough understanding of what is covered and what is not; what the gray areas are; what the points to negotiate with the carrier; whether you are getting maximum coverage for the best price; and whether your insurer is a good fit for your unique needs.

We do this by conducting a comprehensive insurance program audit. The audit consists of examining your business, its risks, and creating a customized coverage opinion you need to best remain in synch with your specific goals and the risks you are trying to cover. We delve far deeper than an insurance broker or agent in identifying gaps in coverage, but we serve as a second opinion to your broker or agent. In most instances, we work with your broker to ensure you get the best coverage possible.

When called for, we can assist you in creating manuscript insurance policies or endorsements. This can get you away from boiler plate materials written to be “one size fits all,” when you are in a unique or challenging business.

Filing Claims

We can help you file timely, comprehensive claims that best leverage your recovery; develop plans of attack in the event of reservations of rights letters or denials of coverage; and assess the success of claims to create plans that maximize those successes.

Our work also includes ensuring that filed claims adhere to policy standards and requirements; working with adjusters during investigations to keep you in a favorable light; and increasing the probability of 100% reimbursement.

Working Aggressively with Carriers

We do not file a claim with the carrier and then just sit back and wait. Part of our strategy involves citing policy provisions and case law to explain why a particular claim is covered. Letter writing campaigns and conference calls with adjusters are aggressively pursued in the hopes that litigation won’t become necessary. We have been successful with this strategy in many instances leading to higher recoveries than insurance companies were initially offering on the claim.
When litigation does appear fast approaching, we’re ready – and you will be too.

No matter what you do, insurance is a universal fact of business life. Everyone has to have it. Common sense requires it. To get the most from it, you have to be strategic about your coverage and your claims. Hirschler Fleischer can help.