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Donald J. Friedman

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Insurance Coverage

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Overview

Perkins Coie's Insurance Coverage Litigation group is comprised of 45 attorneys who have helped shape pro-policyholder law in nearly every jurisdiction in the United States. Indeed, Perkins Coie is among the elite firms in the country that represent only policyholders with respect to insurance coverage disputes.

Our Insurance Coverage Litigation attorneys have a broad range of experience and a record of success in enforcing policyholders' rights to coverage under almost every type of commercial insurance policy for a wide spectrum of losses and liabilities. We have negotiated with, and litigated against, every major insurer in the domestic insurance market as well as in the London and Bermuda insurance markets. Our group has extensive experience with various major industry captives, such as O.I.L., AEGIS, ICI Mutual, and Forest, among others. We have represented the leading companies in almost every industry, including Fortune 500 and Global 500 companies, as well as public sector policyholders.

Perkins Coie's core philosophy is to aggressively look for coverage within a client's insurance portfolio, while designing a practical and efficient approach to pursuing insurance coverage on a client's behalf. We consider ourselves to be in a partnership with our clients, carefully considering and advising on the costs and benefits of all approaches to insurance recovery. In that regard, we are adept at, and encourage, all forms of pre-litigation claims advocacy; whether through informal negotiation or formal mediation, knowing that sometimes the best legal service that an attorney can provide is keeping a client out of court. Nevertheless, if litigation is necessary, the Insurance Coverage group is skilled at litigation and trial in both federal and state courts throughout the United States, as well as in both domestic and international arbitrations. We have achieved success in all forms of dispute resolution and have recovered billions of dollars in insurance proceeds for our clients.

The following are but a few examples of the experience that Perkins Coie's Insurance Coverage Litigation attorneys have with respect to enforcing rights to insurance coverage:

Antitrust Claims Arising out of Advertising Activities

Presently representing major computer chip manufacturer and building products manufacturer in seeking coverage for antitrust and other "unfair competition" claims arising out of advertising activities.

Mold in Residential Apartment Complexes

Successfully obtained coverage, through litigation and negotiations, for claims against a real estate investment trust alleging bodily injury and property damage from the alleged presence of mold. Defeated insurance company’s motion for summary judgment that allegations about faulty engineering triggered a “professional services” exclusion.

Asbestos and Other Long-Tail Claims

Successfully obtained coverage, through litigation and negotiation, for a wide variety of long-tail exposures, such as those involving asbestos, medical devices, and various harmful chemicals, among others.

Property Damage and Business Interruption Arising Out of Hurricane-Related Damage

Successfully obtained coverage for property damage and business interruption losses suffered by a major university, as well as for property damage and business interruption loss that an operator of a nationwide network of automated teller machines suffered due to the flooding of its data center.

Subprime and Mortgage-Backed Securities

Successfully obtained coverage, through litigation and mediation, under Errors & Omissions policies for a financial institution's losses arising out of certain subprime loans and related mortgage-backed securities.

Environmental Property Damage and Bodily Injury

Successfully obtained coverage for numerous chemical manufacturers, mining companies, petroleum and energy companies in seeking insurance coverage for property damage and bodily injury arising from various environmental contamination events.

Madoff Scandal

Presently representing major mutual fund in seeking recovery of more than $300 million in blanket bond and Directors & Officers liability insurance proceeds for liability arising out of the "Madoff Scandal."

Mutual Fund "Market Timing" and "Late Trading"

Successfully obtained coverage for a major mutual fund complex with respect to insurance coverage issues arising from allegations of "market timing" and "late trading."

Contingent Business Interruption Arising From Damage to Coal Mine

Successfully obtained coverage for a synthetic fuel manufacturer, when an explosion and fire in a nearby coal mine cut off the supply of coal necessary to produce the fuel.

Bodily Injury, Property Damage and Business Interruption Arising From Chemical Plant Explosion

Successfully obtained coverage for a large petrochemical company in seeking insurance coverage for substantial loss and liability arising from a plant explosion that resulted in death and injury to numerous workers and months of business interruption.

Property Damage Arising From Building Products

Successfully represented manufacturers of various building products -- including polybutylene plumbing systems, hardboard siding, roof tiles, and pressure-treated wood, among others -- in obtaining insurance coverage for various lawsuits alleging that those products damaged the buildings in which they were incorporated.

Shareholder Derivative and Securities Claim Action

Successfully obtained coverage for global pharmaceutical company under directors and officers policy for shareholder derivative and securities class action lawsuits.

Kidnap, Ransom & Extortion

Successfully represented Texas-based packaged tea distributor in enforcing rights to coverage under a kidnap, ransom and extortion insurance policy for extortion claim arising out of events in Uzbekistan.

Foreign Corrupt Practices Act

Successfully obtained substantial recovery under Directors & Officers liability insurance policy for securities claims based on the Foreign Corrupt Practices Act.

Spanish Proceeding Alleging "Criminal Insolvency"

Presently representing major telecommunications contractor that is seeking coverage under Directors & Officers liability insurance policies for a proceeding in Spain alleging that certain of the company's directors and officers are guilty of "criminal insolvency" with respect to the bankruptcy of a Spanish subsidiary.

Property Damage to Automobiles While Being Shipped From Japan

Successfully obtained coverage under a marine cargo policy for major Japanese automobile manufacturer for the loss of approximately $40 million worth of new cars, when the ship's hull ruptured, partially submerging the vessel.

Given the breadth of our Insurance Coverage attorneys' combined experience with almost all major insurance products, their record of success with respect to a wide spectrum of losses and liabilities, and Perkins Coie's resources throughout the United States and in Asia, Perkins Coie has a premier Insurance Coverage practice that is qualified and prepared to advise and counsel policyholders in maximizing their insurance recovery.