Litigation & Advisory Services
Comprehensive coverage advice and a results-driven approach to litigation
Herold & Sager provides counsel across critical lines of coverage and underwriting industries.
Our team of seasoned insurance practitioners brings a wealth of diverse experience to our advisory and litigation roles.
Practice Areas
Coverage Analysis
Our practitioners have substantial experience engaging with insureds, counsel, brokers, underwriters, claims professionals, TPAs, and MGAs to obtain the information clients require to evaluate and understand risk.
We specialize in providing coverage advice in a comprehensive, concise manner. Drilling down on key coverage issues across decades of policies and voluminous claims in complex trigger scenarios is our specialty.
Coverage & Bad Faith Litigation
We work closely with our clients to develop a clear action plan for the resolution of significant issues before they reach critical mass.
Whether representing insurers as a plaintiff or as a defendant, our skilled coverage litigators know how to blend the intellectual and philosophical background of complex coverage disputes with the strength of results-driven litigation.
Deposition & Witness Preparation
Strong preparation produces great witnesses. We counsel clients in selecting and preparing witnesses early on in pertinent matters.
Our unique, collaborative approach to preparation ensures witnesses are ready for whatever challenges may be presented by opposing parties so we can litigate on behalf of our clients from a place of strength.
Multi-Carrier Disputes/Contribution, Indemnity & Subrogation
Most significant coverage disputes involve multiple insurers for multiple parties, often at the primary and excess levels.
Our practitioners have over 500 years of combined experience in evaluating complex, multi-carrier, and multi-party risk scenarios and in pursuing risk transfer between carriers.
Policy Language Consulting & Drafting
Our attorneys proactively identify opportunities to modify policy language to maintain our clients’ underwriting objectives.
We have a deep-rooted knowledge of both ISO and manuscript forms on critical issues and decades of experience in drafting the right language to achieve our client’s underwriting goals.
Underwriting Disputes, Recission & Reformation
When facts prove to be inconsistent with those represented or policies are interpreted differently than intended, the benefits of proactive risk assessment can be lost.
Our team is well-versed in helping clients navigate issues involving interpretations of policy language and claims of missing or incorrect policy language. We also defend against or pursue corrective measures afforded by rescission and reformation to bring exposures back in line with anticipated risk.
OCIP/CCIP/Wrap-Up Policy Analysis
OCIPs, CCIPs, and wrap-up policies present unique issues in construction risk, including potential adversaries sharing counsel, insureds and carriers foregoing risk transfer, or owners paying for their own claims against builders.
Our team is well-versed in successfully navigating these issues for our clients.
Additional Insured Recovery
Additional insured claims can present complex issues, including exorbitant defense costs, sharing of limits, adverse claims between insureds, differing financial motivations, and priority of coverage.
Our team has decades of experience in evaluating and resolving these issues. In cases where resolution is not feasible, our team is also poised and ready to pursue recovery for expenses incurred.
Lost & Missing Policies
Long-tail claims and reviver actions, among others, often leave an insurer facing risk without the benefit of key policy defenses when policies cannot be located, or pieces are missing.
Our seasoned practitioners assist with methods for investigating and locating missing policies. We also facilitate the development and interpretation of policy language when complete policies cannot be located.
National Coordinating Counsel Services
Clients turn to Herold & Sager to manage their nationwide accounts and litigation. We coordinate complex claims and litigation across offices, lines of business, venues, forums, and applicable state laws.
Trial Monitoring
Claims proceeding to trial create unique issues, and proper preparation can make a difference in the coverage results.
We provide coverage advice for pre-trial activities and submissions. Our team can also monitor trials nationwide to provide daily reporting and analysis on coverage implications so our clients can make real-time strategic decisions on resolution.
Coverage Writs & Appeals
Our practice includes interlocutory writs and appeals to courts of all jurisdictions, and we provide honest advice with clear objectives in collaboration with our clients.
We pride ourselves in preparing direct, well-written, concise briefs that are focused on our clients’ objectives.
Bankruptcy
The overlay between coverage and bankruptcy can create a host of complex issues.
Our practice includes advising on the challenges involved when claimants pursue insolvent insureds both within and outside of bankruptcy court jurisdiction, in filing and defending against adversary proceedings, coordinating with coverage actions outside of bankruptcy, working with trustees and insureds, and negotiating and drafting settlement and policy buy-back agreements.
Lines of Coverage
- General Liability
- Professional Liability
- Excess
- Umbrella
- All Risk Package Policies
- Employers Liability
- Property
- High-Net-Worth
- Personal Lines
- OCIPs/Wraps/CCIPs
- Loss-Sensitive Reinsurance
- Worker’s Compensation
- Auto
- Trucking
Claim Environments
- Social Media
- Sexual Abuse and Molestation
- Mass Tort
- Product Recall
- Energy
- Construction
- Environmental
- Real Estate
- Habitability
- Religious Organizations
- Infrastructure
- Public Entities
- Education
- Commercial/Residential Property
- Hospitality
- Entertainment
- Aviation/Aerospace
- Health & Wellness
- Cyber/Artificial Intelligence
- TPA Oversight
- Product Liability
- Transportation
- Medical
