Munsch Hardt’s Insurance Recovery practice is driven by experienced and respected Insurance lawyers who are committed to solving problems for clients and maximizing their insurance investments. This group is called on before, during and after insurance-triggering events to assess risk, facilitate prompt claims resolution, address coverage issues that may arise, and, if necessary, litigate insurance coverage and bad faith issues.
Whether handling company-critical coverage disputes, drafting indemnity and insurance procurement provisions (particularly involving additional insured requirements), conducting due diligence for a merger or acquisition, or providing support to your risk management department, our attorneys possess the knowledge, experience and insight to guide you skillfully and cost-effectively through the challenging insurance minefield.
We actively assist clients recover their insurance policy benefits, whether as a named insured or additional insured under a policy. Our group has worked with a broad range of insurance products and industries providing a depth of knowledge and experience that leads to creative solutions and recovery victories. We realize that litigation is a critical skill set, but it is not always the most effective tool. Strategy, scholarship, negotiation, familiarity with the language of claims and an ability to identify the shortest distance between two points can achieve results that are more effective for most businesses. To that end, we endeavor to continue to help clients with their insurance needs involving:
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- Insured contract coverages
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- Intellectual property coverages
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- Medical malpractice insurance
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- Professional liability insurance
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- Risk-retention group policies
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- Surplus lines insurance + Lloyd's plans
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- Technology errors + omissions insurance
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In addition to our pure insurance attorneys, our Firm offers a fully integrated team dedicated to developing specialized solutions for specific industries and policy types. These areas include:
Appellate
Munsch Hardt has a skilled Appellate Section that is actually experienced in insurance matters, something many firms cannot claim. With experience briefing and arguing before the Texas Supreme Court, the various state appellate courts and the Fifth Circuit Court of Appeals, the Munsch Hardt Appellate Section adds value not only to the appeal of the insurance case, but also to the technically challenging job of properly charging and instructing the jury in these challenging cases.
Bankruptcy, Restructuring & Insolvency
Recognized by Chambers USA since 2005, our Bankruptcy, Restructuring & Insolvency group routinely works with our Insurance Recovery attorneys to navigate coverage issues related to claims against Directors and Officers and the pursuit of first-party insurance benefits in the bankruptcy context.
Construction
Our Construction Section regularly must navigate the numerous insurance challenges presented in almost all construction litigation. Thus, our clients have the benefit of a team of Construction and Insurance Recovery lawyers knowledgeable about what claims or parts of claims are most likely to be covered and how they should be pursued to maximize recovery. In addition, these teams work closely together on risk management issues presented in complex construction contracts and related agreements, including consideration and implementation of owner-controlled insurance programs, contractor controlled insurance programs. Our Insurance Recovery attorneys are also called on to advise and assist with the drafting of insurance and indemnity provisions to maintain an enforceable risk management plan.
Energy
Our clients benefit from a team of Energy and Insurance Recovery lawyers knowledgeable about what claims or parts of claims are most likely to be covered and how they should be pursued to maximize recovery. In addition, these teams work closely together on risk management issues presented in the energy context and their related agreements. In the contract process, our Insurance Recovery attorneys help revise insurance and indemnity provisions of Master Services Agreements (MSA) to avoid the pitfalls posed by the plethora of anti-indemnity statutes. After an incident, our Insurance Recovery attorneys provide experienced guidance in pursuit of liability insurance benefits, additional insured benefits and matters involving indemnity obligations.
Environmental
Our experience encompasses coverage archaeology and reconstruction, claims notification, negotiation, claims management, litigation, policy procurement and negotiations, due diligence, insurance evaluations and alternative dispute resolution. The Firm provides expeditious and cost-effective resolution of environmental insurance coverage claims and litigation, even when faced with exclusions and lost policies. Our Superfund (CERCLA) experience provides valuable knowledge of technical issues necessary to prove coverage during applicable policy periods.
Health Care
The Health Care group works in tandem with the Insurance Recovery Group in seeking to obtain coverage for a number of vexing claims, including subpoenas, Medicare fraud, FLSA claims, medical malpractice claims and even intellectual property litigation in the health care environment. Through the joint efforts of these groups, litigation of these claims is either directly handled or monitored by counsel the health care professional can trust and the vexing coverage issues raised by some carriers can be expeditiously handled.
Litigation
Our Litigation group provides a depth of experience that few Insurance Recovery Groups possess. When litigation is the best approach to solving the coverage dispute, our insurance lawyers – backed by the deep bench of our renowned litigation practice—operate from a position of strength. The combined talents of the Litigation group and the Insurance Recovery group also have been often called upon to provide litigation management of complex, bet-the-company litigation, which has the additional wrinkle of insurance conflicts as well.
Mergers & Acquisitions
Our team of Mergers & Acquisitions attorneys regularly represents buyers, sellers and investors in connection with domestic and international mergers and acquisitions, asset and closed block transactions, joint ventures, mutual holding companies, spin-offs and recapitalizations. We also have experience with bulk reinsurance, loss portfolio transfers and renewal rights transactions, as well as broker/agency roll-ups and other acquisitions for insurance intermediaries and insurance industry service providers. The Insurance Recovery group is also often called on the assist with due diligence regarding liability exposures and existing insurance. The group has also aided with the use of representations and warranties coverage as a tool in the merger and acquisition field. The use of such coverage involves extensive knowledge of insurance and the interrelationship of the sale documents with the coverages.
Real Estate
Munsch Hardt has extensive experience in representing building owners, developers and contractors. The Insurance Recovery group works with the Real Estate Group lawyers in the drafting of insurance procurement, indemnity and other risk management devices, such as disclaimers and prospective releases. Real estate clients of the Firm have the benefit of also having the Insurance group available to assist in the making and handling of commercial property and general liability claims related to their businesses. Our attorneys are experienced in knowing where the risk allocation dollars are located and in prosecuting indemnity and insurance claims in order to capture those dollars for the benefit of the real estate client. Our insurance lawyers also provide advice to real estate clients regarding the selection of coverage for particular projects, including advice regarding OCIP’s and CCIP’s, and analysis of areas where there are insurance gaps, such as with professional liability, requiring the consideration of OPPI’s and project specific professional liability coverage.