>> Practices >> Insurance Recovery Litigation
Andrew Caplan has extensive experience advising insurance policyholders and, when necessary, litigating on behalf of policyholders seeking recovery under virtually all types of insurance policies, including: general liability, directors and officers liability, employment practices liability, professional liability, fidelity bonds, securities broker dealer errors and omissions, homeowners, long term care and long term disability. With extensive litigation experience and deep insurance industry knowledge, Mr. Caplan has a proven track record of assisting clients to maximize their recovery of insurance benefits.
From the first notice of a claim or loss, Mr. Caplan works with policyholders to maximize their insurance coverage. Mr. Caplan guides policyholders through the maze of an insurance claim, including the timing and contents of the initial notice to the insurance company, submitting proofs of loss, responding to denials of coverage and reservation of rights letters, and monitoring an insurance carrier's defense of a lawsuit. By providing his clients with coverage advice early in the claims process, Mr. Caplan is able to help them preserve their insurance coverage and ensure that their rights are protected. While Mr. Caplan frequently is able to obtain insurance recoveries for his clients without resorting to litigation, when necessary he will zealously prosecute a client’s coverage lawsuit.
Andrew Caplan has secured tens of millions of dollars of insurance coverage for corporate and individual clients under virtually all types of commercial insurance policies. Notable successes in recovering insurance proceeds include:
Bet the Company Insurance Coverage Litigation
Successfully litigated against, and secured coverage from, directors’ and officers’ insurer, on behalf of corporate client facing bet-the-company lawsuit.
Convinced errors and omissions insurer and fidelity insurer to reverse coverage denials and fund multi-million dollar settlement of bet-the-company suit against client.
Long Term Care Insurance
Obtained full policy benefits and attorneys’ fees at mediation for estate of decedent whose long term care insurer repeatedly denied estate’s claim for coverage. Brought insurer to the settlement table by building strong bad faith case through aggressive discovery and depositions and defeating insurer’s summary judgment motion.
Employment Practices Insurance
Successfully sued insurer that denied coverage for ongoing employment discrimination lawsuit against client. Negotiated settlement that reimbursed the client’s legal expenses and held the insurer responsible to pay any future settlement or judgment against the client in the ongoing discrimination suit.
Lost Insurance Policies
Secured coverage of decades-old asbestos claims for corporate client that lost its policies.
Long Term Disability Insurance
Assisted professionals and executives to obtain full long-term disability insurance benefits.
Secured full payment of $1,000,000 life insurance policy benefit (plus interest) for widow after insurer refused to pay claim because of alleged material misrepresentations in the application by her late husband.