Business Interruption:  When a natural or man-made disaster damages a business’ property, the most significant losses often arise from the resulting interruption of normal business operations. Business interruption insurance, which typically is part of first-party property damage coverage, is designed to protect a business from such losses. Determining the value of a loss is often the most complicated aspect of applying business interruption coverage.

Corporate Disaster Response: An Integrated Approach: Corporate disasters are unexpected and overwhelming. Their impact can devastate a business for years, but the right response can minimize the trauma and stress for the people involved.

Cyber Attacks and Data Breaches: The risk of an attack or breach has become an organizational risk which all companies must be prepared for. There are policies now that may provide coverage in the event of a cyber incident, and steps that companies should immediately follow in the event an incident occurs to ensure your chances of maximizing coverage.

Directors’ and Officers’ Liability:  When a company is accused of corporate malfeasance, the directors and officers are often the targets of legal action, including regulatory investigations, accusing them of various “wrongful acts.” Directors and Officers liability insurance is meant to indemnify not only the directors and officers, but the company itself, for the defense costs and liability that might result from such action.

D&O Checklist: D&O insurance policies are continually evolving. Use this checklist to educate yourself about standard coverage and exclusionary provisions in today’s D&O policies and as the basis for further discussions with insurers when procuring coverage or at renewal.

Energy Practice:  Renewable energy startups, large utilities, and global oil and gas corporations are highly susceptible to a variety of claims ranging from environmental liability to commercial disputes to cyber-related losses. It is imperative that these companies have the appropriate coverage in place to protect against any claim that may arise, and that the insurance is then properly utilized to protect the company.

Environmental Liabilities: Whether the claims relate to long-tail contamination based on operations from decades past or new risks relating to EPA or other agency enforcement actions that address air or water discharges, insurance coverage can be a critical asset to protect against the increasingly expensive costs of defending against or otherwise addressing those claims.

Fracking:  The use of hydraulic fracturing – known as “fracking” – has become an increasingly common technique for extracting natural gas from the earth. Fracking is, however, highly controversial, and is alleged by many environmental groups and others to cause a wide range of property damage. While insurance coverage for any resulting liability should be available, properly accessing such coverage could be complex.

Insurance and M&A: There are key issues in the way M&A transactions can impact the insurance coverage of the parties involved in the transaction. Understanding these issues is important when considering or engaging in a merger and/or acquisition.

International Arbitration:  Many off-shore insurance companies try to avoid U.S. court jurisdiction by including a provision in their insurance contracts that requires all disputes to be resolved via a binding arbitration, typically in London or Bermuda. While such arbitrations may provide certain benefits, they also have unique rules and potential pitfalls that must be successfully circumvented if a policyholder is going to be successful. Perkins Coie lawyers have extensive experience in handling and winning such arbitrations.

Litigation Defense Costs: Liability insurance policies are designed to protect a business from the full costs of defending claims against the business, its executives or its employees. Also known as "litigation insurance," this defense coverage is an important part of the insurance contract.

Marine Insurance:  Insurance for marine-based losses and liabilities is one of the oldest forms of insurance, dating back to the 14th century. It also is governed by many unique principles and doctrines, some of which also are centuries old.

Natural and Man-Made Disasters:  From hurricanes and tsunamis to chemical plant explosions, devastating disasters are an unfortunate fact of life. While first-party property coverage is designed to protect businesses from losses arising from such events, this type of insurance is among the most complicated imposing upon the policyholder numerous affirmative obligations that must be addressed, often immediately after the disaster strikes.

Policy Audits: Preparing for a potential loss that may affect your company starts with a policy review and an understanding of your company’s risk and potential liability. It is important to do this on a regular basis – not just during a time of crisis. An in-depth review can help make sure your company is properly protected and prevent future coverage disputes.

Product Liability:  If a company’s product damages property or causes some form of bodily injury, the company’s comprehensive general liability (CGL) insurance should provide coverage. There are, however, numerous issues that often must be addressed, ranging from such things as determining the time periods during which the damage or injury took place to overcoming exclusions relating to the company’s expectations or intent to determining how the liability should be allocated amongst multiple insurers, among others.

Property Insurance Checklist: First-party property insurance generally covers physical damage to property owned by the policyholder, typically called “covered property.” It usually includes protection from loss of business income through various business-interruption (BI) coverages, which include coverage, contingent BI extra expense, civil authority, ingress-egress, and others. 

Real Estate Transactions:  There are a variety of insurance products that could come into play during the various phases of a real estate transaction, whether an acquisition, a sale or lease, or a development project. These products are unique and must be understood at the outset of the transaction so that all insurance issues are properly addressed.

Representation & Warranty Insurance: Representation & Warranty Insurance is a type of insurance policy purchased in connection with corporate transactions, and covers the indemnification for certain breaches of the representations and warranties in the transaction agreements. It is designed to provide additional flexibility in addressing these obligations, for example, by reducing or eliminating the need for an escrow by the Seller.