Insurance Recovery

Exclusively Focused on Policyholders and Their Commercial Interests

Winstead's Insurance Recovery group represents corporate policyholders from virtually every industry in all aspects of their insurance and risk management needs from a legal standpoint. We handle the full spectrum of commercial coverages—including property, business interruption, CGL, RWI, cyber, D&O, and more—throughout the entire insurance lifecycle, from policy placement through claim resolution. Our primary focus is on maximizing a company’s available coverage with efficient recovery approaches, whether through skilled pre-litigation advocacy or vigorous trial representation.

We exclusively represent policyholders, not insurers. This dedication has enabled our team to secure billions of dollars in recoveries.

With a history of advocating for clients in the U.S. and internationally, we have recovered policy proceeds in response to:

• Natural disasters, including hurricanes, wildfires, and winter storms
• Man-made disasters including the 9/11 terrorist attacks, the Deepwater Horizon oil spill, cyberattacks, and piracy incidents
• A host of other incidents involving commercial coverages, such as M&A disputes, securities claims, and catastrophic personal injury matters
• Policy Placement, Coverage Reviews & Program Audits

We also leverage the knowledge gained from our claims and disputes work to consult with clients on these issues from a transactional standpoint, before losses occur. Our team works closely with businesses, brokers, accountants, and other advisors to assess potential risks, review policy language, and structure coverage that aligns our clients’ objectives with the realities of commercial insurance markets as well as other risk transfer mechanisms such as captive insurers. We evaluate policies at all levels to identify potential gaps and recommend enhancements where needed.

Risk Management & Contractual Protections

Managing risk through effective contractual provisions is essential for any business. Our team designs and implements risk management strategies, including insurance procurement requirements and indemnity provisions. We help companies understand the risks they retain and those they transfer, helping them maintain a risk profile aligned with their business objectives. We also provide tailored guidance on structuring enforceable indemnity provisions in light of both case law and statutes affecting those agreements.  

Insurance Due Diligence for Mergers, Acquisitions & Investments

In corporate transactions, understanding a company's insurance program is critical to evaluating financial and operational risks. Our legal team provides a detailed review in a privileged environment, ensuring that participants fully understand the scope, quality, and limitations of existing coverage.

We assist with:

• Verifying policy benefits and transferability
• Structuring runoff and tail coverage
• Identifying and evaluating pending claims
• Assessing claim reporting compliance

Additionally, we help businesses secure reps and warranties insurance, submit claims, and recover proceeds when policies are triggered.