Insurance Coverage Analysis

Legal Savvy and Logical Solutions

H&R’s Insurance Coverage group, headed by David B. Hamm, provides counsel and litigation services to insurers, insurance-related governmental agencies and insureds.  Over the years, the Insurance Coverage group has been entrusted by clients to secure or defend against coverage of many hundreds of millions of dollars in claims under liability policies, including policies alleged to cover mass tort claims such as those arising from asbestos, breast implants, heart valves and lead.  Beyond authoring disclaimer letters or responses to disclaimers, instituting and defending declaratory judgment actions, and negotiating towards a reasonable resolution, H&R’s pace-setting appellate arguments on insurance related cases have led to such ground-breaking decisions as Jefferson Ins. Co. v. Travelers Indem. Co., 92 N.Y.2d 553, which, in a complex multi-insurer setting, applied the “anti-subrogation” rule and determined the priority of responsibility among excess carriers; North Star Reinsurance Corp. v. Continental Ins. Co., 82 N.Y.2d 281, which originated application of the “anti-subrogation” rule in construction accident cases; In re Consolidated Mut. Ins. Co., 60 N.Y.2d 1, which explained application of the law governing insurance insolvencies; and Lac D’Amiante du Quebec, Ltee (ASARCO) v. Superintendent of Ins. (In re Midland Ins. Co.), 269 A.D.2d 50, which held that, in an “occurrence”-triggered liability policy, only inhalation during the policy period triggers coverage for asbestos injury liability.

The expertise of H&R’s attorneys in insurance matters encompasses such related areas as insurance liquidation, insurance security funds and guarantee associations, interpretation of workers’ compensation laws, application of New York’s “no-fault” statute’s “serious injury” criterion, subrogation and “anti-subrogation,” additional insured controversies and insurance ramifications of contractual indemnification provisions.

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