The Allen Matkins Insurance Recovery practice represents policyholders in insurance policy enforcement and coverage litigation, designing risk management programs, procuring insurance coverage and other insurance matters.
Primarily we represent policyholders in disputes and litigation with insurance carriers involving Comprehensive General Liability, D&O Liability, Construction, Property and Business Interruption, Pollution, General Liability, Product Liability and Recall, Fiduciary, Fidelity/Crime and other claims arising from man-made and natural disasters.
As part of our practice, we also evaluate and prepare insurance requirements and indemnity provisions in contracts, purchase agreements, and other binding contracts. We work to find coverage for a wide variety of exposures, including corporate directors’ and officers’ liabilities, real estate development, such as property policies, liability policies (primary and excess), OCIP, CCIP, wrap-up policies, title policies and E&O policies, as well as technology and professional errors and omissions claims, products liability, intellectual property disputes, environmental liabilities, employment litigation, construction delay and defects claims.
Our team also assists private businesses and public entities evaluate current or proposed insurance programs, captive insurance programs, owner-controlled insurance programs, environmental remediation protection and other risk management and risk transfer devices.
EXPERIENCE
- Mobile Home Park. Lead counsel representing Mobile Home Park owner in pursuing coverage under earthquake policy for multi-million dollars in damages from major earthquake, with successful full policy limits settlement.
- Developer. Represented developer in insurance coverage dispute where developer is suing the title insurer for misrepresenting the dimensions of the property, which resulted in a failed sale transaction. The carrier then failed to accept coverage in bad faith.
- Condominium Developer. Represented developers of condominium projects as coverage counsel in defense of major construction defect lawsuits.
- Municipality. Represented city in litigation against insurance company regarding insurance company's failure to defend a construction defect action that was settled in 2012. The client wanted to abandon this claim but we convinced them it was meritorious. The case ultimately settled.
- Specialty Housing Developers. HOMES, Inc. and Jamboree Housing Corporation. Represented specialty housing developers in action by investors over purchase options and leases, and pursued insurance coverage for claims. Obtained dismissal of individual director. Also obtained summary judgment in favor of our client, enabling us to negotiate a settlement that was fully funded by the insurance carriers which included a contribution to attorney's fees.
- Lender. Lead coverage counsel representing lender in pursuing claims against Fidelity under numerous title policies, seeking coverage for over $40 million in mechanic liens, with a successful full coverage settlement.
- Developer/Contractor. Lead counsel in pursuing claims on behalf of developer/contractor against insurance company seeking to establish over $6 million in coverage and asserting bad faith claims; resulted in confirmation of full coverage plus full payment of attorney’s fees.
- Developer. Lead counsel in pursuing coverage claim under liability policy for coverage against multi-million dollar construction defect claims.
- National Bank. Lead counsel in representing bank in pursuing insurance claims after a project was destroyed by fire, with full recovery.
- REIT. Representation of apartment REIT in multi-million dollar breach of policy/bad faith lawsuit, regarding coverage under liability policy in lawsuit by a subsequent buyer.
- Battery Company. Represented manufacturer in insurance coverage dispute which was litigated in federal court which resulted in a favorable recovery to our client. Several cases in pursing coverage under title policy against prescriptive easement claims.
- Trucking Company. Represented trucking company in obtaining insurance coverage to fund settlement of environmental litigation.
- Urban Infill Developer. Represented urban infill developer and numerous affiliates in procurement of environmental insurance and prosecution of claims for insurance recovery against AIG, Aspen, XL and others. Our work includes recovery of millions of dollars in insured costs for remediation work at various sites.
- Contractor. Representation of a field drainage contractor in relation to insurance coverage issues and the oversight of insurance-appointed counsel in an action alleging negligence in the installation of drainage.
- Contractor. Represented contractor in the insurer's $21 million subrogation claim seeking to recover insurance proceeds paid to a hotel owner following an earthquake's destruction of the hotel.
- Commercial Developer. Represented commercial developer of retail and residential buildings in Northern California in the acquisition of environmental insurance coverage.
RECOGNITIONS
The Recorder named Berg & Berg Enterprises, LLP v. City of San Jose to its list of California's Million Dollar Verdicts in 2012.
Daily Journal named Berg & Berg v. City of San Jose, argued by Robert R. Moore and Michael J. Betz, a "Top Plaintiff's Verdict by Impact" in 2012.
Valentine S. Hoy selected for inclusion in The Best Lawyers in America in the fields of Bet-the-Company Litigation, Commercial Litigation, Litigation - Construction and Litigation - Real Estate in 2008 – 2019.
Super Lawyers 2022 recognized many of the firm's Insurance Recovery attorneys including David D. Cooke, Valentine S. Hoy, and Robert R. Moore. Sandi L. Nichols named to the Top 50 Women Super Lawyers in Northern California.
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