Skip to primary navigation Skip to primary sidebar Practices Insurance Recovery, Litigation & Counseling OVERVIEW RELATED “Impressive firm with notable capabilities in the insurance litigation space, with an insurance coverage group that regularly excels on behalf of policyholder clients. Acts in disputes concerning professional liability, cyber risk insurance and general liability claims. Also adept at handling cases relating to long-tail liabilities.” —Chambers USA Accidents, natural disasters, and lawsuits may not only adversely impact your profitability—they could significantly impair your business operations. Our Insurance Recovery, Litigation & Counseling team assists corporate policyholders in recovering assets under various business insurance policies as quickly and efficiently as possible so they can get back to business. We are well versed in representing corporate policyholders, and have secured billions of dollars in insurance both by judgment and settlement. We also help assess potential risks, analyze new insurance products, and consider the adequacy of insurance programs. Our insurance practitioners are also skilled in drafting and implementing procedures to best position our clients for insurance recovery. Because we have litigated coverage for clients in state, federal, and appellate courts across the country, we have built a network of local counsel who partner with us to quickly and efficiently resolve disputes. We also frequently handle international insurance arbitrations to help policyholders recover money owed by international insurers. When insurers try to avoid their obligations, our team possesses unparalleled experience in negotiation and, if necessary, litigation against delinquent insurers. We also have extensive experience counseling on broker malpractice, captive formation, and management. Insurance Recovery, Litigation & Counseling Litigation Fast Facts Twenty-two lawyers dedicated to insurance recovery working nationwide Six partners ranked in Chambers USA Ranked Tier 1 by Chambers USA in New Jersey Handles insurance litigation and counseling related to any type of business coverage Areas of Focus Product liability/mass tort insurance disputes Environmental insurance coverage disputes Business interruption coverage disputes D&O and fiduciary liability coverage disputes Construction and construction defect coverage disputes International insurance arbitration Assist clients in the procurement of insurance Errors, omissions, and malpractice disputes Employment liability coverage disputes Food and beverage coverage disputes Insurance broker malpractice disputes Advertising injury and intellectual property coverage disputes Representative Matters World’s largest commercial airline—September 11 insurance coverage claims Successfully litigated at trial and on appeal in the Pennsylvania Commonwealth Court the airline’s entitlement to more than $100 million in coverage from London market reinsurers, and advised the company on various September 11 legal issues in federal court, thereby helping the airline avoid bankruptcy proceedings. Transamerica Corporation—Complete victory in dispute with former subsidiary over $1.5 billion in insurance coverage Complete victory in the defense of Transamerica Corporation in a dispute with a former subsidiary (IMO Industries) regarding $1.5 billion in insurance coverage. Transamerica had purchased insurance for itself and its subsidiaries as part of a consolidated risk management approach. After a six-month trial, the court ruled in Transamerica’s favor on all claims against it, entering declaratory judgment that Transamerica’s decades-old divesture agreement left its former subsidiary liable for its own asbestos losses. The court rejected that Transamerica was responsible for deductibles, retentions or gaps in insurance coverage or was effectively transformed into a “de facto” insurer because of its risk management efforts. The Appellate Division upheld all of the trial court’s rulings and the New Jersey Supreme Court affirmed and ordered costs be paid in Transamerica’s favor. Fortune 50 mining subsidiary—Environmental contamination coverage jury win Obtained a jury trial win in New Mexico for a subsidiary of a Fortune 50 manufacturer as an Insured in uranium mining environmental contamination coverage claims made against multiple insurers. Secured favorable settlements on appeal. Wakefern Food Corp.—Recovered millions from brokers and insurer, at trial and on summary judgment, for Superstorm Sandy losses Achieved multiple wins for the largest retailers' cooperative group of supermarkets in the nation following Superstorm Sandy. Obtained a $15.6 million unanimous jury award against Wakefern’s former insurance consultants for having improperly advised on Wakefern’s property insurance policy’s deductible; the award was upheld by the New Jersey Appellate Division against one broker (and the other settled on a confidential basis during trial). The jury’s verdict followed entry of $4.7 million awards against Wakefern’s insurer for failing to pay Wakefern’s inventory losses at their full sales price and for improperly taking a “make-up” credit to which it was not entitled against Wakefern’s business interruption losses. Wakefern ultimately settled, on a confidential basis, the remaining insurer claims shortly before trial. VIEW MORE Highlights Recognitions Clients describe the attorneys as "knowledgeable in the insurance area and technically proficient," adding that they "understand the issues and have helpful relationships with insurance companies."—Chambers USA A source reports: "They're excellent - they're very responsive and able to take complex insurance cases and put them in understandable terms."—Chambers USA News|Recognition BTI Names McCarter a Leader in Class Actions BTI Consulting 10.28.2021 News|Recognition McCarter Lawyers Named 2021 Super Lawyers and Rising Stars 10.15.2021 Publications|Article The Clash for COVID Coverage: Business Interruption Insurers May Have Won More Battles, But New Jersey Policyholders Still Can (and Should) Win the War New Jersey Lawyer Magazine 9.30.2021 News|Recognition The Best Lawyers in America Recognizes 61 McCarter Attorneys in 2022 Referral Guide; Names Six “Lawyer of the Year” The Best Lawyers in America 8.19.2021 News|Recognition Insurance Business America Announces 5-Star Insurance Firms and Lawyers Insurance Business America 7.21.2021 Events|Webinar “Climate Proofing” Your Contracts – The Time to Act is NOW Maryland State Bar Association 6.10.2021 Events|Webinar Insurance Bad Faith: What Insurance Companies Don’t Want You to Find National Business Institute 5.25.2021 News|Recognition Chambers Ranks 52 McCarter Lawyers and 12 Practice Areas for 2021 5.20.2021 Events|Webinar Sports and Entertainment: Will COVID-19 Virus Losses Be Covered by Commercial Insurance Policies? American College of Coverage Counsel 5.12.2021 News|Quote NJ Pandemic Insurance Bill Seems to Be Dead Law360 5.7.2021 Events|Webinar Understanding Additional Insured Coverage and Contractual Indemnification RIMS Live 2021 4.22.2021 Events|Webinar Will This Come Back to Bite Me? How and When a Law Firm’s Risk Management Response Can Jeopardize Coverage American Bar Association 4.15.2021 News|Quote One Year in, Policyholders See Hope in Virus Coverage Battles Law360 3.8.2021 Publications|Article Suit Limitations Provisions and the Coronavirus Pandemic Anniversary: Keeping Coverage Insurance Coverage Law Center 3.4.2021 News Sheri Pastor Named Insurance Trailblazer by The National Law Journal The National Law Journal 3.2.2021 Publications|Alert Insurance Recovery, Litigation & Counseling Update Insurance Recovery, Litigation & Counseling Update 2.24.2021 Events|Webinar Evolving Insurance Law Responses to the Global Pandemic The American College of Coverage Counsel and The Seton Hall University School of Law 2.16.2021 Publications|Article English Court Finds Business Interruption Losses are Covered Property Casualty 360 1.29.2021 Publications|Alert UK Supreme Court Ruling Provides Sweeping Policyholder Relief for COVID-19 Business Interruption Losses Insurance Recovery, Litigation, & Counseling Alert 1.26.2021 Publications|Alert A Tale of Two Policies: How Careful Interpretation Impacts Coverage Determinations Insurance Recovery, Litigation & Counseling Alert 1.26.2021 News|Press McCarter Elevates New Class of Partners Press Release 1.11.2021 Events|Webinar A Primer on COVID Claims and Coverage Issues New Jersey Institute for Continuing Legal Education (NJICLE) 12.1.2020 Publications|Article Courts Find Coverage for COVID-19 Business Interruption Losses Property Casualty 360 11.16.2020 News Spear Research Acquired by Pacific Defense 11.5.2020 News McCarter Team Successfully Represents Clear Channel Airports 10.30.2020 News|Recognition 85 McCarter Lawyers Named 2020 Super Lawyers and Rising Stars 10.28.2020 Publications|Alert Courts Find Coverage for COVID-19 Business Interruption Losses Insurance Recovery, Litigation & Counseling Alert 10.28.2020 Events|Speaking Engagement COVID-19 – An Insurance Discussion: Steps, Mis-Steps, Perceptions and the Future New Jersey Chapter of the CPCU Society I-Day 2020 10.16.2020 News|Quote Policyholders Undeterred by Ga. Court’s Dismissal of COVID-19 Insurance Claims Based on Flawed Pleadings Law360 10.9.2020 Publications|Article NJ Court Refuses to Dismiss COVID-Related Business Interruption Claims New Jersey Law Journal 9.18.2020 Publications|Alert New Jersey Court Refuses to Dismiss Policyholders’ COVID-Related Business Interruption Claims, Dealing a Blow to Insurer’s Arguments That Such Claims Cannot Constitute Covered Loss Under a Property Policy Insurance Recovery, Litigation & Counseling Alert 9.16.2020 Publications|Article Finding Coronavirus Coverage under the Property Insurance Policy PropertyCasualty360 8.28.2020 News Joann Lytle Appointed Co-Chair of D&O and Management Liability Committee of the ACCC 8.28.2020 Events|Webinar Practical Skills for New Litigators: Expert Depositions American Bar Association Litigation Section 8.27.2020, 9.1.2020, 9.2.2020 News|Recognition The Best Lawyers in America Recognizes 61 McCarter Attorneys in 2021 Referral Guide, Names Seven “Lawyer of the Year” The Best Lawyers in America 8.20.2020 Publications|Article Valuing COVID-19 Business Interruption Loss: Considering Post-Event Economic Activity Insurance Coverage Law Center 8.3.2020 Publications|Article Applying Insurance Coverage to Vandalism, Fires and Theft National Underwriter Property & Casualty Magazine 7.20.2020 Publications|Article Coronavirus and Your D&O Policies The Corporate Board 7.17.2020 Publications|Alert Michigan Trial Court’s Recent Denial of Business Interruption Coverage Not Likely to Have Far Reach Insurance Coverage Alert 7.16.2020 Publications|Article Court: COVID-19 Is a Natural Disaster National Underwriter Property & Casualty Magazine 7.15.2020 Publications|Article INSIGHT: Proving the Presence of COVID-19 Is a Path to Insurance Coverage Bloomberg Law 6.24.2020 Events|Webinar Workers’ Compensation Insurance and COVID-19 Claims Sysco's Exclusive Info Session 6.24.2020 Publications|Alert Good News for Businesses Damaged During Riots: Insurance May Cover Your Losses Insurance Recovery, Litigation & Counseling Alert 6.16.2020 Events|Webinar Taking Cover in a Pandemic: Insurance to Meet Liabilities and Practices to Reduce Future Suits and Claims NJBIA 6.16.2020 Events|Webinar Insurance Coverage on Restaurant Re-Openings and Paycheck Protection Program (PPP) Flexibility Act Sysco's Exclusive Info Session 6.12.2020 News|Quote Businesses Opening Despite Shutdown Could Face Questions Over Coverage Insurance Journal 6.8.2020 News|Recognition Sheri Pastor Named President of The American College of Coverage Counsel 5.26.2020 Publications|Article Court Opinion Finds COVID-19 Qualifies as a Natural Disaster PropertyCasualty360 5.22.2020 News|Recognition Sheri Pastor Appointed Chair of the Essex County Bar Association’s Insurance Law Committee 5.22.2020 Publications|Alert Pennsylvania Supreme Court Decision Can Assist Policyholders in Their Insurance Coverage Claims for COVID-19 Losses Insurance Recovery, Litigation & Counseling Alert 5.11.2020 News|Recognition Chambers Ranks 51 McCarter Attorneys and 12 Practice Areas for 2020 4.30.2020 Events|Webinar Working Effectively with Economics Experts in Testimony ABA Section of Litigation 4.23.2020 Events|Webinar Navigating Covid 19 Sysco's Exclusive Info Session 4.22.2020 Publications|Article D&O Insurance Coverage and Coronavirus: Avoiding Exclusions Insurance Journal 4.20.2020 Publications|Alert Pennsylvania Senate Issues Bill That, If Passed, Will Require Insurers to Provide Broad Coverage for COVID-19-related Business Interruption Claims Insurance Recovery, Litigation & Counseling Alert 4.20.2020 Events|Webinar Relief Funds Sysco's Exclusive Info Session 4.17.2020 Events|Webinar Sexual Abuse Litigation Reform: Insurance Coverage and COVID-19 Updates Perrin Conferences 4.16.2020 Publications|Article New Jersey Offers Grace Period for Insurance Premium Expenses PropertyCasualty360 4.15.2020 Publications|Alert New Jersey Offers Grace Period for Insurance Premium Payments Insurance Recovery, Litigation & Counseling Alert 4.13.2020 Publications|Article Six States Consider Extending Business Interruption Coverage to Coronavirus Claims New Jersey Law Journal 4.10.2020 Webinar Relief Funds Sysco 4.10.2020 Publications|Alert MA, NJ, NY, PA, LA and OH, Consider Legislation Clarifying that Business Interruption Coverage Applies to COVID-19 Claims Coronavirus Legal Advisory 4.10.2020 News|Press $12 Million Award to Wakefern Upheld in Superstorm Sandy Case 4.8.2020 Events|Webinar Coronavirus and Business Interruption NJICLE 4.2.20 News Do Your Contracts Protect You From the Coronavirus? PropertyCasualty360 3.26.2020 Events|Webinar Comprehensive Pandemic Response: Business Continuity and Insurance and Recovery Strategies 3.26.20 Publications|Alert Does Your Contract Protect You from the Coronavirus? Coronavirus Legal Advisory 3.17.2020 News|Quote 4 Key Coronavirus Insurance Coverage Battlegrounds Law360 3.13.2020 Publications|Alert Will Insurance Cover Economic Loss Resulting From the Coronavirus? Insurance Recovery, Counseling and Litigation Alert 3.10.2020 Publications|Article Holding the Runner on the Bag: Limiting the Scope of the “Sports or Athletics Participants” Exclusion in Liability Insurance Coverage ABA Tort Trial & Insurance Practice Law Journal 3.10.2020 News|Quote Coronavirus Raises Insurance Questions but Catastrophe-Tested Insurers Are Prepared Insurance Journal 2.20.2020 Events|Speaking Engagement Insurance Coverage Issues Perrin Coverage and Litigation Issues Surrounding Sexual Harassment, Assault and Abuse Claims Conference 1.29.2020 Events|Webinar An Insider’s Look: Insurance Claims and Litigation—What Insurance Companies Don’t Want You to Know National Business Institute 12.18.2019 News|Press Chondrial Therapeutics and Zafgen Announce Definitive Merger Agreement 12.18.2019 Events|Speaking Engagement What’s In Your Contract? McCarter & English CLE Program 12.11.2019 Events|Speaking Engagement What’s In Your Contract? McCarter & English CLE Program 12.5.2019 Events|Speaking Engagement What’s In Your Contract? McCarter & English CLE Program 12.3.2019 News|Recognition McCarter’s Sheri Pastor Among the ABA Litigation Section’s 100 Women Who Inspire Us 11.11.2019 Events|Speaking Engagement Reading Insurance Policies: Basic Concepts and Policy Interpretation New Jersey State Bar Association Insurance Coverage Boot Camp 11.6.2019 News|Recognition 95 McCarter Lawyers Named 2019 Super Lawyers and Rising Stars 10.18.2019 News|Recognition The Best Lawyers in America Recognizes 60 McCarter Attorneys in 2020 Referral Guide, Names Six “Lawyer of the Year” Best Lawyers 8.15.2019 Publications|Article Expert Insight: A General Overview of Insurance Coverage for NRD Claims American Bar Association 8.1.2019 Events|Speaking Engagement Banking, Insurance, and Finance Issues NJCPA Cannabis Conference 7.31.2019 Publications|Article The Law of Indemnification and Its Interplay with Liability Insurance ABA Section of Litigation 7.23.2019 Events|Speaking Engagement Identifying and Handling Insurance Fraud Cases New Jersey Institute for Continuing Legal Education 6.11.2019 News|Press Sheri Pastor Elected to be a Fellow of the American Bar Foundation McCarter Press Release 5.17.2019 Events|Speaking Engagement What Is Cyber Insurance and How Is the Market Responding? New Jersey State Bar Association 2019 Annual Meeting and Convention 5.16.2019 News|Press Sheri Pastor Named President Elect of The American College of Coverage Counsel 5.15.2019 News|Recognition Chambers Ranks 54 McCarter Attorneys and 14 Practice Areas for 2019 Chambers USA Guide to Leading Lawyers 5.8.2019 News|Press Car Equipment Co. Flips Ruling Capping Asbestos Coverage Law 360 4.24.2019 Events|Webinar Stacking Commercial Business Insurance Coverage Policies: Insurer and Policyholder Perspectives Stafford Webinar 4.24.2019 News|Press Five McCarter Attorneys Promoted to Partnership McCarter Press Release 4.5.2019 Events|Speaking Engagement The Protection Gap in Property Insurance Program Rutgers Law School and its Center for Risk and Responsibility 3.29.2019 Publications|Article The “Coded Gaze” of Facial Recognition Technology, Discrimination Lawsuits and Your Insurance Program Corporate Counsel Business Journal 2.6.2019 News|Press Finalist for Legal Team of the Year Business Insurance Magazine 1.30.2019 News|Press McCarter Team Obtained Dismissal of all Claims Against Our Client, Willis Yahoo Finance 1.30.2019 News Anthony Bartell Appointed to the Advisory Board of the Salvation Army 11.14.2018 Events|Speaking Engagement Anatomy of an Active Shooter Incident Marsh and McLennan Companies 2018 US Health Care Roundtable 11.7.2018 Events|Speaking Engagement|Webinar Understanding Cyber-Risk Insurance, the Market, the Gaps and the Fine Print National Association of Corporate Directors New Jersey Chapter Webinar 9.25.2018 News|Recognition 59 McCarter Attorneys Recognized in 2019; Four Named “Lawyer of the Year” The Best Lawyers in America 8.15.2018 Copyright © 2021 McCarter & English, LLP. 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