insurance recovery practice
Our attorneys have successfully resolved claims and lawsuits in a wide range of insurance areas, recovering substantial proceeds for our policyholder clients. We also represent clients throughout the process of resolving claims. Our experience in insurance matters has led clients to retain us as expert witnesses in coverage disputes.
- Ball Janik Secures Insurance Coverage for Association’s Earth Movement Claim
Ball Janik LLP has been pursuing insurance coverage for a community association in Utah with multi-building townhomes experiencing ongoing earth settlement as a result of improper soil compaction. This improper soil compaction occurred many years prior to the subsequent settling of the building. Over time, a building in the community settled by almost twelve inches. Damages to the building were severe, with reported damage to the walls, floors, roofs, and interior finishes. In response to Ball demand letter, the insurer reversed its decision and agreed to provide complete coverage for our client’s damages.
- Canadian D & O Insurance Coverage Matter
Ball Janik LLP was retained by a bankruptcy receiver to provide expert testimony on Oregon and U.S. insurance coverage law, specifically including the application of U.S. and Oregon law to claims arising under Directors and Officers insurance policies. Based on Ball Janik’s affidavit testimony and analysis, the Supreme Court of British Columbia ruled in favor of the receiver.
- Columbia Aircraft Business Interruption Litigation
Ball Janik LLP represented the estate of Columbia Aircraft Manufacturing Company in an action for breach of an insurance contract and bad faith. Plaintiff sought business interruption damages of more than $9 million, consequential damages in excess of $10 million, and punitive damages for bad faith.
- Contaminated Property Coverage Litigation
On behalf of the owners of a contaminated property, we successfully pursued insurance coverage for a multi-million dollar clean-up of a chlorinated solvent plume in Milwaukie, Oregon, obtaining a settlement that fully resolved the underlying environmental litigation, funded by over $4 million in indemnity dollars from our clients' insurers.
- Electro Scientific Industries, Inc. Coverage Litigation
We represented Electro Scientific Industries, Inc. (“ESI”) in a lawsuit involving Directors and Officers insurance coverage. Ball Janik filed suit against the insurer alleging breach of contract, bad faith, intentional interference with contract, and fraud. The litigation was settled on favorable terms for ESI, and the case was dismissed.
- Guy Carpenter Professional-Malpractice Action
Ball Janik LLP successfully defended Guy Carpenter & Company, LLC (a reinsurance intermediary that is part of the family of Marsh & McLennan Companies, Inc.) in a case filed in the Idaho Federal District Court asserting several claims by an insurer that allegedly suffered over $55 million in damages stemming from our client’s placement and negotiation of reinsurance agreements.
- Hyundai Motor Company Coverage Litigation
We represented Hyundai Motor Company in an insurance coverage lawsuit alleging breach of contract and bad faith. The litigation settled in February 2008, with the insurer being forced to satisfy an underlying judgment of more than $15 million.
- Imperium Renewables Business Interruption Claim
Ball Janik LLP represented Imperium Renewables, Inc. as insurance coverage counsel regarding property and business interruption insurance claims totaling between $6,000,000 and $8,000,000.
- Oregon Health & Science University Coverage Litigation and Broker Malpractice Litigation
Ball Janik LLP has represented Oregon Health & Science University (OHSU), the premier medical, research and teaching hospital in Oregon, on insurance-coverage and broker-malpractice cases. James T. McDermott, Dwain M. Clifford and Kevin S. Mapes (litigation partners) represented OHSU.
- Perkins & Wiley Environmental Coverage Litigation
Ball Janik LLP represented Perkins & Wiley LLC in an insurance coverage dispute arising from environmental contamination. Ball Janik sued the insurer on behalf of Perkins & Wiley, seeking damages for breach of the insurance polices and a judicial declaration of coverage. The case was successfully settled at mediation in October 2010.