I N S U R A N C E C O V E R A G E

Experience

Reputation matters.Benchmark Litigation named us as the best Insurance coverage practice on the West Coast.

Chambers USA singled us out with its Insurance Coverage: Policyholder Award for Excellence, and each year, the guide names our attorneys among the “leaders in the field,” ranging from up-and-coming individuals to our Band-1 all-stars.

U.S. News and Best Lawyers called us Insurance Law Firm of the Year.

Law 360 named us one of the top five insurance practices.

The amount our attorneys have helped our clients recover.

BILLIONS

We stand up for the policyholder.

Your company’s insurance portfolio is an asset. Dickstein Shapiro’s Insurance Coverage Practice has one

overarching objective: to maximize your bottom line.

Finding coverage where others aren’t able to is our strength. With decades of proven success in recovering billions on innovative theories and strategies, our clients—from Fortune 50 companies to the most prominent consulting and law firms—turn to us for our creative analysis, experience, reputation, and record of success.

An insurance policy is only a promise. It’s what happens when you make a claim that matters most.

We break new ground, making new law for our clients and shaping it for others with precedent-setting litigation, mediation, arbitration, and settlement strategies that lead to landmark rulings, new types of coverage, and major advances. And, our novel legal theories are widely recognized by both the courts and commentators.

Your coverage needs are inseparable from your business objectives. Our attorneys have the experience—as well as the deep industry

knowledge—to help you better understand the risks underlying those objectives.

We can help you assess your insurance challenges and create solutions—

no matter how complex they

might be.

Understanding your needs.

Finding coverage when it appears none exists.

Our attorneys are known for their creativity in finding coverage for clients. We do it through careful examination of past, present, and future policies, and we design coverage products where none otherwise exist.

Enhancing the scope of your insurance program.

We routinely look at profiles, conducting policy audits and risk assessments to ensure that you’re protected where you need to be. Our attorneys also proactively find new and existing ways for you to brace against emerging or morphing risks, such as international instability or electronic threats, through coverage options.

Managing your outside litigation budget.

Perhaps the most important component of client service is seeing that your insurance matters are staffed smartly and cost-effectively. Our attorneys have truly unique and uncommon experience, and they are assigned based on capability, not lock-step. We welcome the opportunity to share risk and reward, and our billing is straight-forward. Among many incidentals, we do not charge for standard computerized research, postage, or photocopying. We are sensitive to your budget requirements.

We represent clients in a wide range of industries, including: automotive, biotech, chemicals, defense, education, energy, entertainment, finance, health care, manufacturing, pharmaceuticals, professional services, real estate, restaurants, retail, software, and sports.

Number of successful appeals (including numerous

landmark decisions) our attorneys have secured.

100FULL COVERAGE

Resolving your challenges.

We take steps to maximize your existing coverage and aggressively obtain recoveries from insurers when a loss occurs. We also turn idle policies into active contributors to your company’s bottom line.

Maximizing your bottom line.

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Experience success. At the crossroads of selecting counsel,

the direction you choose is crucial. Our experience and success will guide the way.

Bad Faith We represented Primary Health in litigation against Hudson Insurance Co. and TIG Insurance Co. for their failure to settle an underlying wrongful death action. Our arguments led a jury to unanimously find that the insurers acted in bad faith and awarded our client $2.41 million in compensatory damages. The same jury also awarded $9.7 million in punitive damages.

Bankruptcy We represented Leslie Controls, Inc. as special insurance counsel in its Chapter 11 bankruptcy proceeding. The company’s liability insurers stood alone as the sole objectors to Leslie’s reorganization plan. We convinced the court to grant Leslie’s motion to strike the objections for lack of standing. The decision allowed Leslie to proceed with an uncontested confirmation, which was later affirmed by the district court.

Business Conduct Liabilities We led the trial for Gemstar-TV Guide International, Inc. when the company’s insurance carrier denied coverage, arguing that the company’s CEO and chairman had been held liable for deliberate fraud in a lawsuit filed by the SEC. On the trial’s third day, the company reached a very favorable settlement, receiving payments from the insurer totaling $32.5 million.

Directors & Officers / Errors & Omissions The former directors and officers of Peregrine Systems Inc. sought coverage from their insurers for defense and indemnity in connection with numerous lawsuits against them arising out of accounting irregularities at Peregrine. Their insurers sought to rescind coverage but our team prevailed, recovering more than $20 million through summary judgments and settlements on the brink of trial.

Employment Automotive paint company Earl Scheib faced a major wage-hour class action. We worked to obtain a ruling that the insurer had to defend the company and ultimately negotiated a settlement for the underlying lawsuit.

Energy NRG Energy Inc. and Louisiana Generating LLC called upon us to litigate against Illinois Union Insurance Co. concerning coverage for potential liabilities arising under the Federal and Louisiana Clean Air Acts (CAA). The case involved issues of first impression under New York and Louisiana law. We secured a summary judgment that the insurer had a duty to defend against the CAA suit, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit.

Entertainment When two members of The Doors were denied coverage for a copyright infringement lawsuit brought by a third member of the band, we sued and won, obtaining a key appellate decision on an insurer’s duty to defend and narrowing the scope of an entertainment industry exclusion.

Fidelity / Crime The CEO of the subsidiary of our client engaged in a fraudulent letter of credit scheme. When the parent company sought coverage for losses under its crime insurance policy, the insurer denied coverage. Following a two-week trial led by our attorneys, the jury returned a verdict for $12.4 million. The court then granted our motion for pre-judgment interest, doubling the judgment to $24.8 million.

General Liability Facing liabilities associated with a huge wildfire in Southern California, we worked arm in arm with our client SDG&E to secure $1.8 billion in coverage—without litigating.

Insurance Broker Liability Sempra Energy purchased a $48.5 million policy that turned out not to provide the promised coverage. We proved that the broker did not perform its duties and obtained a $48.5 million jury verdict, which was affirmed in full on appeal.

Intellectual Property When an insurer denied coverage for an underlying copyright infringement lawsuit, we pursued bad faith claims. Following a one-month trial, the jury awarded our client $20.6 million (including $226,500 for attorneys’ fees and $20 million in punitive damages); the case settled before appeal.

Political Risk When Texaco faced losses resulting from the Russian government’s withholding of currency quotas following the breakup of the Soviet Union, our attorneys stepped in. We secured coverage from OPIC under a political risk policy.

Property & Business Interruption Tyson Foods faced losses of $100 million from Hurricane Katrina. We secured coverage for property damage, contingent business interruption, extra expense, and additional first-party losses, settling the matter favorably minutes before opening statements at the trial.

Sports When a Division One NCAA athlete suffered a spinal injury during competition, we helped secure $20 million in lifetime health and disability benefits.

Transactional & Private Equity We are coverage counsel for multibillion dollar private equity firm 3G Capital Partners Ltd., providing insurance due diligence for landmark acquisitions and securing coverage for shareholder derivative lawsuits.

To see how our experience can help you make the most of your assets, visit our blog, policyholderinformer.com, or dicksteinshapiro.com.

ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome. © 2015 Dickstein Shapiro LLP. All Rights Reserved. DC022015-E

Dickstein Shapiro LLP, Market Leading Specialty Firm®, founded in 1953, is internationally recognized for its work with clients, from start-ups to Fortune 500 corporations. Dickstein Shapiro provides strategic counsel and develops multidisciplinary legal solutions by leveraging its core strengths—litigation, regulatory, transactions, and advocacy—to successfully advance clients’ business interests.

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Market Leading Specialty Firm®