Insurance Recovery Litigation

& Counseling

Attorneys in Hoguet Newman Regal & Kenney’s Insurance Recovery Litigation & Counseling Practice represent policyholders exclusively. It is this focus and the hundreds of millions of dollars recovered for clients that has established Hoguet Newman Regal & Kenney as a force in the insurance recovery field.

Experience matters

The attorneys in Hoguet Newman Regal & Kenney’s insurance recovery practice have extensive trial and appellate experience. They have delivered successful outcomes at every level of the federal and state courts in New York, and many other jurisdictions, as well as in numerous arbitrations, administrative proceedings, mediations, and negotiated settlements.

Policyholders, large and small, have trusted us to protect their insurance programs in a wide variety of coverage matters. Our broad exposure to across the entire spectrum of insurance enables us to represent policyholders efficiently, and effectively.

Hoguet Newman Regal & Kenney’s approach to clients’ insurance issues is unique in that we approach every matter as a business concern with the potential to impact the ability of that business to meet its goals and targets. Representation is geared to providing clients with solutions that serve the best interest of their businesses.

Hoguet Newman Regal & Kenney’s Insurance Recovery Litigation & Counseling Practice has a single goal:

Maximize the value of our clients’ corporate and individual insurance assets.

In this, we have a substantial record of success, having secured hundreds of millions of dollars in coverage for policyholders across a host of industries. Clients benefit from our attorneys’ significant experience in untangling complex insurance programs, often involving a wide range of policy types issued by numerous insurers and extending back many decades.

We take it as our mandate to advise, evaluate, negotiate and, if necessary, litigate insurance coverage disputes across a wide range of claims and policies, including:

  • Third-party liability insurance for environmental, products, asbestos and other claims;
  • Property and casualty insurance;
  • Business interruption coverage;
  • Cyber insurance coverage;
  • Directors & Officers liability coverage;
  • Professional liability coverage;
  • Errors & Omissions coverage;
  • Employment practices liability claims;
  • Multimedia errors and omissions claims; and
  • Claims under fidelity bonds.

Hoguet Newman Regal & Kenney works with businesses to identify and mitigate potential liabilities. In this regard, we advise on insurance issues in corporate transactions and counsel clients on the terms and placement of policies and the coordination of insurance programs. We also look for, and often creatively find, coverage under insurance policies that may otherwise be underutilized.

In the event of a dispute, our attorneys have extensive experience recovering insurance proceeds through negotiation and settlement, arbitration, and litigation. Moreover, as recognized leaders of the policyholder bar, our attorneys author articles, co-author treatises, and present on current insurance issues. Hoguet Newman Regal & Kenney attorneys also regularly assume leadership positions in national and local insurance-related bar organizations.

Current Hoguet Newman Regal & Kenney representations and recent client successes include:
  • Ongoing representation of a major manufacturer of agrichemical products in insurance coverage litigation concerning in excess of $100 million. This action was brought against scores of insurers to enforce their coverage obligations under pre-1986 policies in connection with nationwide class action products liability claims alleging our client’s herbicide product contaminated water sources for over 50 years. Defeated two rounds of summary judgment motions filed by insurers to date. This included a significant legal victory under New York insurance law in the defeat of a summary judgment motion to void coverage on the basis of the policies’ pollution exclusions for gradual alleged pollution, on the ground that the client’s useful agrichemical product was not a “pollutant.”
  • Ongoing representation of a commercial property owner and a housing cooperative in coverage dispute relating to damage caused by a university’s construction at a neighboring property.
  • Negotiation and ongoing supervision of an indemnification program in which our client is reimbursed by its insurers for its continuing compensation of claimants under the terms of settlement of nationwide class action toxic tort suit.
  • Ongoing representation of a New York City casino in a cutting-edge claim for coverage for business interruption loss resulting from Superstorm Sandy.
  • Ongoing representation of an assignee of insurance coverage rights under an executive liability insurance policy seeking coverage and bad faith damages arising from an underlying matter seeking tens of millions of dollars in damages.
  • Ongoing representation of the owner of a 30-unit New York City apartment building in connection with its claim for insurance coverage for damage caused by construction of adjacent $100 million apartment complex.
  • Ongoing representation of an apparel firm in connection with its claim for coverage arising from stolen merchandise under a Marine Cargo insurance policy.
  • Ongoing representation of an upscale, national eatery in connection with a claim for coverage for business interruption loss arising out of an alleged salmonella outbreak.
  • Ongoing representations of a leading façade restoration company in multiple coverage actions arising out of claims asserted against the company alleging property damage.
  • Successful recovery of insurance proceeds for a transformer recycling company for damage to sophisticated equipment due to Superstorm Sandy.
  • Secured insurance recovery for a major distributor of flavor and fragrance products in insurance coverage litigation, and obtaining reimbursement of past payments and reallocation of pending and future cost-sharing arrangements relating to numerous personal injury claims against a client.
  • Secured 100 percent recovery of policy limits for business interruption, property damage and environmental liability in negotiations with insurers on behalf of a transformer recycling company following the catastrophic destruction of its operating facility by fire.
  • Successful representation of the owners of several prominent hotels and restaurants in litigation with their insurers and the Consolidated Edison Company of New York concerning business interruption losses arising from Superstorm Sandy.
  • Successful representation of a public agency in connection with a claim for insurance coverage under a cyber-liability insurance policy.
  • Successful representation of a food processing company in connection with claims for insurance coverage arising from tainted beef products.
  • Successful representation of a private equity portfolio company in litigation commenced by its insurer in which the company recovered 99 percent of the submitted claim after a negotiated settlement.
  • Successful representation of a prominent contemporary art gallery in mediation and litigation with its insurer concerning business interruption losses arising from Superstorm Sandy resulting in the recovery of 95 percent of loss after the insurer initially denied the claim.
  • Successful representation of a Delaware real estate holding company in connection with an insurance dispute over damage caused by a fire in which the company recovered 100 percent of its claimed loss after the insurer initially agreed to cover just 25 percent of the loss.
  • Successful representation of a leading hi-tech professional firm in negotiations with its insurer concerning coverage for a class-action lawsuit alleging unfair trade practice claims.
  • Successful representation of a former director of a major art gallery in connection with a claim for insurance coverage arising out of a lawsuit brought by the gallery’s former attorney.
  • Successful representation of a major provider of testing and inspection services in a dispute with insurers of client’s co-defendant in catastrophic personal injury action.

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