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Insurance Recovery


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  • Powerine Oil Company: Unanimous decision of the California Supreme Court, holding that standard excess insurance policies can cover the cost of complying with environmental agency remediation orders.
  • GMAC Commercial Mortgage Corporation: Representing lender and servicer of a $563 million mortgage loan to the lessee of the World Trade Center in its claims for insurance recoveries and related matters arising from the 9/11 tragedy.
  • Sony Computer Entertainment America, Inc.: Complete recovery in litigation from insurers for consumer class actions against Sony over the original Playstation®; continuing to litigate coverage and bad faith claims involving similar class actions over the Playstation®2.
  • Paxson Communications Corporation: Substantial first-party insurance recovery in litigation over communication towers lost in World Trade Center 9/11 tragedy.
  • Kaiser Aluminum and Chemical Corporation: All aspects of its dealings with insurers concerning hundreds of millions of dollars of insurance coverage for asbestos bodily injury, including negotiation regarding coverage in place agreements, audits, reimbursements and claims documentation, and complex coverage litigation. Also handling several large first party and third party coverage matters for environmental and asbestos liabilities.
  • Kelly-Moore Paint Company, Inc.: Jury trial in San Francisco Superior Court in case involving hundreds of millions of dollars in coverage for asbestos bodily injury claims.
  • PMI Mortgage Insurance Co.: Obtained published Ninth Circuit ruling holding that alleged Real Estate Settlement Procedures Act (RESPA) violations constitute “wrongful acts” under standard professional liability policy provisions.
  • Foster Farms Dairy: Obtained complete defense and indemnity coverage under employment practices insurance policy for discrimination actions against the largest privately owned dairy in California.
  • The Rank Organisation (Hard Rock Café): International litigation regarding business interruption claims for the New York and DC Hard Rock Café restaurants arising out of the 9/11 terrorist attacks.
  • Michael Semler: Representing a certified class of life insurance policyholders, challenging industry practice of charging premium for a period of time in which no insurance coverage is provided.
  • Hewlett-Packard Company: Significant business interruption claim. 
  • Aztar Corporation: Business interruption and property damage coverage disputes resulting from partial collapse of eleven-story parking structure under construction, with focus on hotel and gaming industry losses.
  • Embarcadero Technologies, Inc.: Obtained reimbursement of disputed defense fees and costs, and payment of bulk of confidential settlement in dispute over directors' and officers' policy coverage for technology misappropriation claims.
  • Adobe Systems, Inc.: Pursuing errors and omissions and general liability coverage for claims over alleged violations of copyright, breaches and errors in license agreements regarding the use of various fonts.
  • Millennium & Copthorne Hotels plc (the owner of the Millennium Hilton Hotel, across the street from the World Trade Center site, and the U.N. Plaza and Plaza Hotels in New York): Litigation involving insurance coverage for hundreds of millions of dollars of losses arising out of the events of 9/11.
Engagements Attorneys Contacts

Richard DeNatale

+1 (415) 772-6354

Mark J. Plumer

+1 (202) 912-2021