Insurance Recovery

Corporations, institutions, executives and individuals spend billions of dollars a year in securing economic protection against unexpected loss. The reason for insurance protection? Corporations and individuals face ever-increasing financial exposure from a wide range of corporate and individual activities, resulting in:

  • Claims of corporate, director and officer misconduct
  • Federal and state regulatory investigations
  • Wrongful employment practices claims
  • Commercial liability claims
  • Property damage claims


For policyholders seeking to "get what they paid for" under a variety of policies that may provide coverage for claims, selection of counsel with expertise and experience in sophisticated insurance recovery litigation is critical.

For well over a hundred years, insurance recovery litigation has been one of the most complex areas of the law, and today is no different. Insurance recovery litigation has become even more complex, involving such issues as:

  • Claims implicating an insurer's obligation to defend.
  • Recovery of costs associated with federal and state regulatory investigations.
  • When and if insurance coverage is triggered and for what amount, under "claims made" and "occurrence" policies.
  • The allocation of losses to particular policy years to maximize coverage.
  • Whether and when late notice may preclude coverage.
  • Exhaustion of primary insurance coverage, allowing an insured to pursue excess coverage.
  • The extent, scope and applicability of excess insurance coverage.


Insurance recovery litigation demands experienced counsel who can address and litigate the nuances of this complex and often esoteric area of the law. The attorneys of Pietragallo’s Insurance Recovery practice have substantial experience litigating complex insurance recovery cases involving defense and indemnity costs under a variety of insurance policies including:

  • Directors and officers coverage
  • Fiduciary liability coverage
  • Errors and omissions coverag
  • Employment practices liability coverage
  • Professional liability coverage
  • Property insurance
  • Disability insurance
  • Liquor liability insurance
  • Title insurance
  • Comprehensive general liability policies


For examples of our work in this area, please see the following representative cases:

  • U.S. States Fire Ins. Co. v. Vanderbilt Univ., 267 F.3d (6th Cir. 2002).
  • Applied Tech Prods. v. Select Ins. Co., No. Civ. A. 03-5823, 2004 WL 945149 (E. D. Pa. Apr. 28, 2004).