Practice Areas

Insurance Recovery


Since the firm's inception in 1994, McMahon DeGulis attorneys have developed and implemented innovative legal strategies to assist businesses and individuals in obtaining insurance coverage for environmental and toxic tort claims.  We have found coverage under numerous types of policies, including commercial general liability, homeowners, property and business interruption, environmental impairment liability, errors and omissions and builders risk.

Our insurance recovery group has successfully represented public and private corporations, private equity firms, commercial real estate owners, municipal entities and individual policy holders. Clients include a national defense contractor, a lead smelting operation, commercial property owners, a rubber component manufacturer, and individuals.

In addition to prosecuting claims and litigating insurance coverage disputes, our insurance coverage practice attorneys have experience in obtaining environmental impairment liability insurance to assist in structuring a corporate and/or real estate transaction.  In many instances, the placement of  environmental insurance is the key to a successful transaction.

Representative Matters

 

  • Litigated environmental coverage issues including late notice and lack of an occurrence for a Dayton area manufacturer of rubber parts

 

  • Developed successful strategies for two clients with lost policy issues through the retention of insurance archeologists

 

  • Successfully litigated an environmental coverage dispute after denial of coverage for hazardous waste remediation

 

  • Obtained a defense commitment in Superfund matter from a general liability insurer for policies from the late 1940's and early 1950's

 

  • Negotiated language in an environmental impairment liability policy for retail development in Cleveland's Flats District

 

  • Represented homeowner in mold/mildew coverage case against homeowner's property policy


For more information on our Insurance Recovery Practice, please contact Greg DeGulis.


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