The Climate Change and Disaster Recovery Group will also serve clients seeking coverage for third-party claims stemming from climate change, including alleged failures to disclose climate change risks and litigation seeking damages for alleged contributions to climate change.
The new practice group will be chaired by Dennis J. Artese, a shareholder in Anderson Kill’s New York office, and Nicholas M. Insua, a shareholder in the firm’s Newark, NJ office. Rhonda D. Orin, managing partner of Anderson Kill’s Washington, D.C. office, will serve as deputy chair.
“It’s clear that we’re entering a time in which every person, organization or region is exposed to risks from natural disasters and their after-effects,” said Mr. Artese. “We have in-house the experience and skills to help our clients maximize insurance recovery when faced with the losses and liabilities triggered by climate change, and we decided to concentrate resources and coordinate our efforts across multiple insurance lines to serve our clients on this front.”
Anderson Kill brings to the new practice group decades of experience representing clients in complex property, business interruption and contingent business interruption claims. Team members have successfully resolved eight- and nine-figure claims for property damage and business income losses resulting from hurricanes and other natural disasters, fires, explosions, water damage, lightning, construction accidents, the September 11 attacks, and other perils.
In the wake of major weather-related disasters including Hurricanes Katrina, Sandy, Michael, Harvey, Irma, and Maria, attorneys in the group have represented national hospitality companies, banks, telecommunications companies, power companies, manufacturers, hospitals, car rental companies, and commercial and multifamily property owners, securing coverage for property damage and business interruption losses.
Team attorneys also have represented religious institutions, municipalities, and businesses of all kinds seeking coverage after fire, flood and other property losses, as well as property owners, developers and contractors seeking coverage under builder’s risk and other construction-related policies. On the liability front, attorneys in the group have represented directors, officers and companies in high-profile cases seeking D&O insurance coverage for shareholder suits and government enforcement actions.
Should putative class action suits seeking damages from manufacturers and other companies for allegedly contributing to global warming gain traction, Anderson Kill will bring to bear its deep experience in disputes over insurance coverage for environmental liability. This practice has secured billions of dollars in insurance coverage for clients including the State of California, ASARCO, the Port Authority of New York and New Jersey, Fuller-Austin, and Waste Management among many others.
“We have been pursuing property, D&O and environmental claims for decades, and in that sense we are as prepared as a firm can be to help clients manage the insurance issues triggered by climate change,” said Mr. Insua. “We look forward to helping clients meet the challenges ahead.”