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Property Damage & Business Interruption

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Peter M. Gillon
Partner, Miami
T: +1.202.663.9249
Joseph D. Jean
Partner, New York
T: +1.212.858.1038
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From earthquakes to tsunamis, from chemical spills to aviation disasters, Pillsbury helps policyholder clients handle property damage and business interruption insurance coverage claims for the largest, most high-profile natural and man-made disasters.  

With one of the largest and most respected policyholder-side Insurance Recovery & Advisory practices in the United States, Pillsbury helps clients recover for property damage and business interruption loss arising from man-made and natural disasters worldwide. Pillsbury’s team has an impressive record of successfully resolving disputes with insurance carriers both in and out of court. We use our deep experience with insurance coverage and related business issues to help clients maximize their insurance recovery through the strategic presentation of claims and management of disputes in the claims-handling process. As necessary, our team can take disputes over property and business interruption coverage to court and through trial.

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Pillsbury’s Insurance Recovery & Advisory Group’s experience with property damage and business interruption claims includes loss from:

  • Hurricanes and Superstorms
  • Floods
  • Chemical Spills and Pipeline Ruptures
  • Earthquakes
  • Fires and Explosions
  • Aviation and Related Disasters
  • Other Natural & Man-Made Disasters

Representative Experience

  • Representing a university and medical center in major litigation against insurers for over $2 billion in losses suffered due to Superstorm Sandy.
  • Secured $72 million jury award in Arkansas for Lion Oil against AIG and 13 other insurers for lost income and expenses resulting from the rupture of its supplier’s pipeline.
  • Negotiated a substantial recovery in a claim that included hotly contested business interruption losses for a global petrochemical company forced into a five-month shutdown following a fire.

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  • Hurricanes and Superstorms
    • Representing Texas hospitals and nursing homes in connection with property and business interruption claims arising from Hurricane Harvey.
    • Representing a medical waste disposal company in connection with property and business interruption claims arising from Hurricanes Harvey, Irma and Maria.
    • Representing owners of 4 New York Plaza, a major office building in lower Manhattan, in litigation seeking $150 million for property damage and rental income losses caused by Superstorm Sandy.
    • Recovered insurance proceeds for Fisker Automotive, a manufacturer of high-end hybrid vehicles, for a massive loss of inventory in transit due to Superstorm Sandy.
    • Handled Superstorm Sandy-related loss claims for a global telecommunications company, including major disputes on issues such as coverage for losses due to suspension of utility services and restricted access.
    • Represented the largest gasoline distributor and owner of auto service stations in the New York area in claims for property damage and business interruption losses due to Superstorm Sandy.
    • Represented national retailers, a financial institution, several restaurants and other entities on property damage and business interruption claims arising from Superstorm Sandy.
    • Recovered millions of dollars for NYU and NYU Langone Medical Center in coverage for Hurricane Irene-related losses.
    • Represented a major U.S. airline on its business interruption claims arising from Hurricane Ike and Hurricane Irene.
    • Achieved favorable settlement for an exploration and production company on Hurricane Ike-related claims involving “plugging and abandonment” issues due to platform damage.
    • Recovered millions of dollars from insurer for a worldwide polyethylene terephthalate (PET) manufacturer on its property damage and business interruption claims arising from 2011 tornadoes in Alabama.
    • Represented a major U.S. oil and gas company with substantial Hurricane Ivan losses to offshore properties, obtaining a summary judgment establishing carriers’ liability without engaging in any discovery.
    • Represented a health care company with business interruption and time element losses suffered as a result of Hurricane Rita.
    • Represented a private ship-owner with significant first- and third-party claims arising out of Hurricane Wilma.
    • Successfully arbitrated a property damage claim resulting from storm-downed power lines for Niagara Mohawk Power Corporation.
    • Obtained substantial recovery for National Grid in mediation and settlement of multimillion-dollar claims for property damage and interruption of electric service to its customers caused by a major ice storm.
    • Litigated and settled claims for total loss and business interruption resulting from typhoon damage to Western Systems’ cable television and publishing operations in Guam, achieving substantial recoveries for our client.
  • Floods
    • Representing Foresight Energy LLP in connection with its more than $150 million business interruption and property damage claim for insurance coverage arising out of the property loss and cessation of mining activities at a Foresight mine located in Hillsboro, IL, as a result of a combustion event.
    • Represented Gibson Guitar in litigation and successful settlement of claims arising from the April 2010 flood that damaged Gibson’s factory in Nashville, TN.
    • Represented a natural gas supplier in recovering insurance proceeds in connection with a claim relating to flooding that unearthed pipelines in Canada.
    • Assisted hospitality company with insurance claims relating to the 2010 flooding in Nashville.
    • Represented an industrial company in property damage and business interruption claims when flood damaged its research and development facility in California, and in a dispute with the building owner.
  • Chemical Spills and Pipeline Ruptures
    • Represent Rayonier in a lawsuit arising from more than 50 years of contamination at more than 20 pulp mills, creosote and other wood preservative coating operation sites for Rayonier, and a range of industrial sites for ITT over a similar period.
    • Representing CITGO Petroleum Corporation regarding insurance coverage for damages arising out of the one of the largest oil spills in U.S. history.
    • Represented a major energy company in recovering under general liability insurance policies for costs of responding to a nationally publicized coal ash spill.
    • Represented well co-owner in its insurance claims arising from the 2010 Gulf of Mexico Macondo well blowout and oil spill and the Deepwater Horizon loss.
    • Represented an energy company in its business interruption claim from the blowout of part of its natural gas processing plant in British Columbia.
  • Earthquakes
    • Successfully argued and won partial summary judgment for an education company against Chartis and other insurers in a dispute arising from a 2010 earthquake in Chile that damaged two universities.
    • Represented a national developer and apartment complex owner in its insurance claims arising from the August 2011 earthquake in Washington, DC.
    • Represented a major airline on business interruption claims arising from the 2011 Japan earthquake and tsunami.
    • Represented a global auto parts manufacturer on business interruption claims arising from the 2011 Japan earthquake and tsunami.
    • Secured insurance recoveries for policyholders for losses arising from the Northridge Earthquake.
  • Fires and Explosions
    • Assisting renewable energy company in claims for property damage and business interruption resulting from two separate fire incidents at its refinery.
    • Recovered a substantial dollar amount for an electrical services contractor in connection with a fire claim.
    • Represented a vegetation management company seeking recovery in connection with a fire claim.
    • Following an appraisal of loss under its policy, achieved recovery for a commodity broker for fire-caused destruction of its cold-storage warehouse containing 10 million+ pounds of pecan inventory.
    • Represented an auto manufacturer on property and business interruption claims relating to destruction of a factory in Germany by fire.
    • Represented a financial services company on property and business interruption insurance claims in connection with a fire at its New Jersey offices.
    • Asserted insurance coverage claims for a major oil and gas company for losses resulting from a fire that destroyed a refinery.
    • Represented PAR Electrical Contractors in successful prosecution of coverage claims for the 2007 San Diego wildfires, which allegedly caused more than $2 billion of damage.
  • Aviation and Related Disasters
    • Represented United Airlines in litigation involving more than a billion dollars in property damage and business interruption losses related to the terrorist attacks on September 11, 2001.
    • Handled evaluation, negotiation and settlement of business interruption claims relating to the terrorist attacks on September 11, 2001 for a number of financial institutions.
    • Obtained insurance coverage for an aircraft maintenance company’s significant liabilities resulting from the crash of ValuJet Flight #592 into the Florida Everglades.
    • Obtained full recovery from aviation insurers for destruction of a building caused by plane crash near Los Angeles.
    • Represented AAR (f/k/a Presidential Airways) in the first successful insurance recovery since the Vietnam era under the FAA’s nonpremium war-risk insurance program, relating to a downed AAR helicopter in Afghanistan.
    • Obtained multimillion-dollar insurance recovery for aircraft manufacturer/mortgagee in the first-party loss of a business jet following a crash, including full coverage for the outstanding loan balance plus attorneys’ fees.
  • Other
    • Represented three companies in connection with their insurance claims arising from the Big Sur landslides and Pfeiffer Canyon Bridge closure.
    • Secured an appraisal award in a national property developer’s insurance coverage dispute involving defective construction of a 400-unit apartment complex, substantially strengthening its position in pending jury trial.
    • Secured settlement for Duke Energy with insurers totaling $835 million for business interruption loss following damage to the Crystal River Nuclear Plant.
    • Represented a mining company and several of its subsidiaries and affiliates regarding the Crandall Canyon Mine disaster, securing recoveries without litigation.

Practice Area Highlights

  • Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group.
  • The National Law Journal counts Pillsbury’s insurance recovery wins for Lion Oil and Victaulic among 2015’s biggest wins.
  • Named “Insurance Group of the Year” 2015 and 2016 by Law360, our practice is one of only five recognized that represent policyholders.

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  • Team lawyers are lauded by Chambers USA, The Legal 500 U.S. and Best Lawyers in America in the field of insurance.

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