Insurance often is among a company’s or household’s most important assets. It can play a critical role in protecting against unforeseen developments and staving off financial disaster, especially when the policyholder faces litigation or a governmental investigation. However, whether a particular insurance policy provides coverage in a particular situation—and if so, to what extent—frequently raises extraordinarily complex issues that hinge on highly nuanced aspects of state law and difficult questions regarding the precise meaning of the policy’s terms and conditions.

The insurance team at Hornberger Fuller & Garza, led by shareholder Clayton Matheson, has the expertise and experience necessary to navigate through even the most complicated insurance matters and disputes. The team has represented both policyholders and insurance companies, not only in connection with coverage litigation, but also with respect to negotiating policy language and assessing the types and amounts of coverage that are warranted under any given set of circumstances. The team also thoroughly understands the interplay between insurance and bankruptcy law, as well as the insurance-related issues that arise when a company goes through a merger, acquisition, or other transformative event.

The insurance team has developed its expertise across numerous different types of both first- and third-party coverages, including:

  • Directors and Officers (“D&O”), Errors and Omissions (“E&O”), Investment Advisers, and other types of professional liability policies
  • General / Products / Auto / Cyber Liability and Umbrella policies
  • Business Income / Business Interruption coverage
  • Bermuda Form excess policies
  • Homeowners insurance
  • Life insurance and annuities

Some of the insurance team’s representative matters include:

  • Advising numerous corporate clients across the country in assessing the availability of business interruption for COVID-related business income losses
  • Advising creditor committees on coverage issues under various primary and excess liability policies issued to now-bankrupt opioid manufacturers
  • Monitoring a multi-million-dollar legal malpractice class action on behalf of major U.S.-based and international insurers
  • Defending a major domestic life insurance company against fraud and securities claims related to its variable annuity products
  • Assisting a large provider of consumer loans with renegotiating its entire suite of liability insurance policies
  • Helping a Board of Directors with respect to ensuring continuity of coverage through a hedge fund’s acquisition of the Board’s company
  • Representing commercial property managers and homeowners in seeking first-party casualty coverage for losses resulting from the February snow and ice storms

If you have an insurance-related issue or question, or simply would like more information about our insurance practice, please contact Clayton Matheson.

Clayton Matheson