You purchase insurance coverage to protect your future interests. If you’ve gone to the trouble of obtaining a policy, you’ll want to make sure that you get the coverage you deserve when it comes time to collect on it. 

As an insured, you’ll want to stay actively involved in any claim to which you are a party, even when an insurance company agrees to defend the claim.  Many times, the insurance company’s approach to a case is not the approach that will provide you with the best business outcome. That is why you will want to have an advocate on your side.  Having and maintaining proper insurance only begins your path to protection.

At Wendel Rosen, we have successfully resolved insurance disputes and recovered tens of millions of dollars on behalf of businesses, public entities and individual policyholders.  Whether you are a developer or contractor dealing with construction defect claims, a manufacturer suffering loss of business due to a product liability lawsuit, or a professional facing malpractice claims, Wendel Rosen’s insurance practice can help you to navigate the claims process and protect your interests.

Types of Insurance Claims

Firm attorneys help clients obtain insurance protection in all types of insurance claims, including:

  • Construction defect for developers of commercial and residential projects
  • Environmental liability insurance for developers, dry cleaners, manufacturers, industrial companies, property owners and public entities
  • Professional malpractice for doctors and medical professionals, lawyers and others
  • Directors & officers claims
  • Discrimination claims against employers
  • Disability insurance claims by employees
  • Property damage
  • Business interruption coverage
  • Coverage for asbestos, mold and other contaminants

Representative Insurance Cost Recovery Matters

  • Successfully litigated and recovered defense fees and indemnity from an insurance carrier that had denied coverage for mold-related liability claims
  • Recovered multiple millions of dollars for policyholders in environmental and mass toxic tort cases
  • Forced insurers to settle a multi-million dollar construction defect suit with no contribution from the developer-policyholder
  • Reversed an insurance carrier’s coverage denial in a wrongful death case and obtained multiple millions of dollars of insurance for family of deceased leading to settlement of the underlying claim
  • Challenged and reversed denials of coverage under professional liability policies issued to real estate brokers, doctors, lawyers, and others

Risk Management

Outside of litigation, we counsel real estate developers, homebuilders, investors, manufacturers, professionals and other businesses on comprehensive risk management strategies to improve financial performance and returns.  Our attorneys frequently assist clients in the review and assessment of contractual obligations and negotiations to head off future liabilities or exposures.

Examples of this type of representation include:

  • Evaluations and recommendations for contractual risk transfer on large condominium and mixed-use projects
  • Evaluations and recommendations for owner-controlled insurance programs (“OCIPs”) on large common interest developments
  • Construction contract review, negotiation and documentation to transfer risk and ensure smooth operation of OCIP insurance programs
  • Documentation and implementation of SB800 (“Fix-It” law) programs
  • Insurance and risk management-related counsel in connection with corporate and asset acquisitions, foreclosures, and debt work-outs


  • Obtained insurance coverage for a lawsuit against an international Internet-based company after coverage was initially denied

  • Obtained insurance coverage for a lawsuit against a quasi-governmental agency after the claim was initially denied, allowing the case to settle with the insurer paying nearly 100% of the settlement

  • Forced multiple insurance carriers for a townhouse developer to settle a multi-million dollar construction defect lawsuit with no contribution from the policyholder/developer

  • Forced carriers in construction defect lawsuit to pay significantly larger share of the settlement for the plaintiff's claims

  • Represented various parties in protracted insurance-coverage litigation relating to environmental contamination at industrial sites

  • Obtained near 100% recovery for a major publicly held corporation after its insurer denied coverage for mold-related claims

  • Negotiated resolutions of complex coverage issues involving claims-made and reported professional liability claims

  • Obtained high-limit excess insurance coverage without litigation, after the carrier had initially denied the claim

  • Provided contractual and insurance risk transfer advice and consultation on large condominium development projects

  • Evaluated owner controlled insurance programs ("OCIPs") on large common interest developments

  • Reviewed construction contract to transfer risk and ensure smooth operation of OCIP insurance programs

  • Provided insurance and risk management-related due diligence in corporate asset and stock acquisitions

  • Counseled both insureds and insurance carriers regarding a variety of coverage disputes.*

  • Successfully negotiated settlement of complex construction defect case involving multiple property units and multiple allegations of property damage for $8.5 million where plaintiffs sought damages in excess of $23 million*

  • Barrera, Gary A.
  • Tang, Jennifer P.
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