The Climate Change and Disaster Recovery Group helps clients maximize property and business income insurance coverage in the wake of intensifying storms, flooding, wildfires, and other effects of the planet’s warming. The group also serves 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 global warming.
Attorneys in the Climate Change and Disaster Recovery Group have decades of experience representing clients in complex property, business interruption and contingent business interruption claims. Team members, always representing policyholders, 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, 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 through negotiation and litigation for property damage and business interruption losses.
Team members also have represented directors, officers and companies in high-profile cases seeking D&O insurance coverage for shareholder suits and government enforcement actions. If clients seek coverage for suits seeking damages for alleged contributions to global warming, Anderson Kill will bring to bear deep experience in disputes over insurance coverage for environmental liability. Firm attorneys have secured billions of dollars in insurance coverage on this front 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.
The team’s deep experience and nuanced approach to pursuing property, business interruption, and D&O claims and prevailing in coverage litigation is reflected in hundreds of attorney-bylined articles, as well a legal treatise.
A sampling is below.
Rapid Response to Maximize Insurance Recovery After Hurricanes – Dennis Artese, 9/28/21
Business Income Insurance Disputes (treatise) -- Nicholas Insua, co-author (Wolters Kluwer, updated 2021)
Property Insurance Allocations When Storms Strike Back-to-Back, Finley Harckham and Dennis Artese, 8/2/18
Understanding Post-Storm Business Interruption Coverage – Finley Harckham and Marshall Gilinsky, 11/17
The Environmental Impact of Major Hurricanes: From Sandy to Irma -- Robert Horkovich and John Nevius, 9/8/17
The following is a sampling of our representative engagements: