Leonard, Street and Deinard’s insurance coverage disputes group regularly represents insurers in extensive litigation or arbitration with insurers over coverage issues. The group is fully familiar with, and stays up-to-the-minute on, comprehensive general liability policies, directors and officers policies, professional liability policies, specialized industry coverage and brokerage claims. In addition, the group members regularly advise clients with respect to when and whether to submit notice of claims to insurance carriers, negotiate resolutions to coverage issues on behalf of clients, ensure that clients with insured claims fulfill all duties required by their insurance policy, and oversee that clients are provided a fully adequate defense by their insurers.

The group also regularly assists clients in tailoring insurance policies to cover areas of risk particular to the business of the client, and in ensuring that policies are written to assist, and not hinder, the defense of the client should any underlying litigation arise.

Representative Experience

The attorneys in our insurance coverage disputes group handle:

• Coverage disputes over underlying litigation, including:
     – banking litigation
     – product liability litigation
     – tort litigation
     – construction litigation
     – fiduciary duty litigation
     – professional liability litigation
     – employment and discrimination litigation
     – environmental and public law litigation
     – title insurance litigation
     – bankruptcy litigation
     – securities and financial industry litigation
     – computer technology, trade secret, intellectual property and 
        advertising litigation
• Coverage disputes over property, casualty and business interruption claims, including:
     – computer interruptions
     – product contaminations
     – emergency interruptions and dislocations
• Claims counseling including:
     – advice on submitting notice of claims to insurance carriers
     – negotiated resolutions to coverage issues
     – aid to clients in fulfilling all duties their policies require
     – oversight to make certain that insurers give clients a fully 
        adequate defense
     – insurance audits
     – broker claims
     – reinsurance claims
     – compliance insolvency issues arising within the insurance industry

The following is a description of the major underlying areas in which Leonard, Street and Deinard currently is handling or has recently resolved insurance coverage disputes:

Business torts and fiduciary duty litigation
We successfully represented a paper manufacturing company with more than $1 billion in revenue in litigation successfully seeking coverage for underlying antitrust, business tort and patent infringement claims.

Business torts and fiduciary duty litigation
Our firm successfully represented of one of the nation’s largest real estate companies, and certain related companies, respecting coverage under a professional liability policy for the cost of a settlement of class claims alleging real estate agents’ breaches of fiduciary duties.
 
Business torts and fiduciary duty litigation
Leonard, Street and Deinard successfully represented a major international manufacturer in seeking insurance coverage for criminal and civil class claims of international price-fixing.

Business torts and fiduciary duty litigation
We successfully represented a national intellectual property service provider in seeking defense and indemnity contributions respecting multiple patent and competitive business tort claims.

Securities and financial industry litigation
Our attorneys have done extensive work, including both successfully resolved and ongoing litigation, for a major brokerage firm and its subsidiaries involving the applicability of errors and omissions, directors and officers, comprehensive general liability and stockbrokers’ bond policies to numerous separate class action complaints, and related individual actions.

Securities and financial industry litigation
We provide ongoing representation of multiple corporate clients, and their officers and directors, respecting coverage for securities fraud claims under directors and officers policies and professional liability policies.

Banking litigation
Leonard, Street and Deinard provides ongoing representation of a major federal bank holding company respecting coverage under a directors and officers policy for now-settled class claims asserted against officers and directors of a recently acquired thrift.

Banking insurance litigation
We provide ongoing representation of a bank specialty insurer in rendering coverage opinions. We also represent banks and other financial institutions in mortgage insurance and bankers bond matters.

Products liability and tort litigation
Our firm represents a large national manufacturer in a dispute over coverage for numerous nationwide underlying products liability claims alleging bodily injury from exposure to their product.

Products liability and tort litigation
We represent six European carriers and brokers in extensive litigation over coverage for claims raised against a breast implant manufacturer by breast implant recipients for alleged personal injuries.

Products liability and tort litigation
We were successful in representing a company alleged to have misformulated a product to be used in FDA approval testing.

Construction litigation
Leonard, Street and Deinard attorneys represented two national surety companies in obtaining a federal district court order of summary judgment dismissing, and a Fourth Circuit Court of Appeals decision affirming dismissal of, performance bond claims asserted against those two sureties after an insolvent concrete subcontractor abandoned a construction job site following a dispute with the general contractor.

Construction litigation
We represented a large general contractor in dealings with nine comprehensive general liability primary and excess carriers in resolving coverage issues, and settling an underlying action arising out of recently discovered problems with subcontractor construction of a building completed in 1977.

Environmental litigation
We are involved in continuing, multijurisdictional insurance coverage litigation on behalf of several Minnesota and national businesses. 

Environmental litigation
We gave successful arguments before the Minnesota Appellate courts in matters of first impression, leading to expanded insurance coverage opportunities for all Minnesota insureds. 

Employment and discrimination litigation
We represented numerous clients respecting coverage for discrimination and other employment claims under employment policies, comprehensive general liability policies, and directors and officers liability policies.

Computer technology, trade secret, intellectual property, and advertising litigation
We provide ongoing representation of multiple clients in insurance coverage aspects of three separate national or international patent infringement actions.

Property damage and business interruption
Our firm led the successful negotiation of complex coverage issues involving six months of contaminated product loss, property damage and business interruption, litigation of company-ending property damage, and resulting business interruption and losses.

Insurance audits
Leonard, Street and Deinard attorneys provide regular and ongoing reviews of various clients’ products or professional liability risks, methods by which to minimize those risks, and the availability of new or altered coverages to insure against remaining risks.