A significant part of KBR’s coverage practice is the representation of insurers throughout the country in coverage disputes ranging from complex declaratory judgment litigation and bad faith claims under all types of policies, including D&O/Management Liability, EPL, FI, GL, and Professional Liability – at mediation of the underlying claims, in international and U.S. arbitration, and other alternative dispute resolution, and in litigation in federal and state courts across the country. We have represented insurers in litigation and arbitration of coverage issues of critical importance to the insurance industry and to our individual insurer clients, including issues regarding allocation, “reasonable and necessary” defense costs, “follow form” and excess issues, interrelated acts and claims, prior acts/prior litigation exclusions, insured capacity, insurability, priority of coverage, privacy issues, pollution exclusions, and late notice. We also have the extensive experience necessary to respond to the significant challenges that an insured’s bankruptcy may pose in a coverage dispute.
KBR’s years of experience representing insurers in coverage disputes and its thorough knowledge of the issues and participants enables KBR to successfully articulate and advocate on behalf of the insurance industry. As authors of countless complex insurance policies, we are uniquely placed to explain the application of policy provisions in a coverage dispute. When necessary, our experienced Appellate Practices team continues the prosecution or defense of the claim on the appellate level.
Our record of success in coverage litigation and arbitration also carries weight in dispute resolution negotiations in avoidance of litigation and sets us apart from our competition. Our coverage litigation team members are not just commercial litigators – we are coverage counsel in every respect and need no ramp-up in learning the particular coverage questions at issue. This head start, and the fine-tuning and training of our coverage litigation lawyers and staff, including on issues of discovery and technology, result in a streamlined and cost-effective defense of our insurer clients.