Farella’s Insurance Recovery Group has been recovering money for clients and protecting their assets for more than 40 years. Our clients include private and public technology companies of all sizes and in all sectors, real estate development and construction industry businesses, venture capital and private equity firms, energy and mining companies, consumer product manufacturers and distributors, public entities and non-profits, as well as executives and high-net worth individuals.  As one of the first California-based law firms to establish a stand-alone recovery practice, today the firm works exclusively with policyholders to maximize the value of their insurance, resolve coverage disputes, establish risk management strategies, structure insurance programs, and draft policy language that safeguards their interests.

Our team takes a practical, business-minded approach to using insurance to achieve business and strategic objectives. We understand how insurance companies make decisions, assess risks, and quantify damages and exploit the legal leverage points in claims and policies to protect our clients.

Effective Claims Advocacy and Recovery

Clients rely on Farella’s insurance recovery attorneys to navigate the claims process. We help clients set realistic and achievable expectations that are responsive to their business and strategic objectives. We evaluate potential insurance claims and pursue them by strategically notifying insurers to maximize the chances of a positive response, manage the flow of information from defense counsel and the insureds to insurers with any eye to coverage issues and the insurers’ needs, advocate coverage positions, and negotiate settlements. We adjust our approach to the needs of the particular claim, whether through negotiation, mediation, arbitration, or litigation.

We’re particularly adept at finding and exercising rights to coverage for a wide variety of first-party and third-party exposures, including:

  • Securities fraud and other corporate directors’ and officers’ liabilities
  • Technology  errors and omissions claims
  • Data security breaches and other cyber liability risks
  • Products liability
  • Professional liability
  • Intellectual property disputes
  • Environmental liabilities
  • Employment litigation
  • Construction delay and defects claims
  • Property losses and business interruption
  • Disasters like earthquakes, fires and floods

Insurance disputes are stressful events for businesses and individuals alike. They can be uncertain, slow (because of insurance companies’ internal processes and strategies), and time-consuming. We believe that open, honest, and frequent communication is the most effective tool for reducing the stress of claims and disputes. Throughout the claim process, we provide regular and comprehensive updates to our clients and seek consistent feedback to remain fully informed, so that we can adapt our methods and tactics as client interests evolve.

Consulting and Analysis

We use our claims experience and close, long-term relationships with our clients to better understand—and help them meet—their insurance needs and objectives before claims arise. Our understanding of our clients’ businesses and the risks that arise from them helps us analyze current and proposed policies and negotiate policy wording that addresses our clients’ unique concerns. We advise our clients on, and work with their insurance brokers, to negotiate favorable policy wording in virtually all commercial insurance lines, including directors’ & officers’ (D&O) liability, technology errors & omissions (E&O) liability, cyber, and comprehensive general liability policies (CGL). We also work with captive insurers, pooled risk transfer programs and other risk management devices in drafting policy language and addressing claims.

Creative Billing and Fee Arrangements

Managing cost, particularly that of legal services, is often as a critical to achieving the best possible outcome for our clients as is the dollar value of a recovery or the timing of a resolution. We embrace lean staffing to avoid inefficiencies and overlap, while at the same time draw on the collective experience of our insurance recovery lawyers when needed.

In addition, to helping our clients predict and control costs as we pursue their claims, we offer a variety of alternative billing solutions in addition to hourly rates, including solutions involving one or more of the following alternatives:

  • Flat fee and “not to exceed” budgets
  • Reduced hourly rates or flat fee plus success bonus
  • Full contingency
  • Mixed contingency (reduced hourly rates plus percentage of recovery)
  • Monthly retainers
  • Phased “risk collars”

Read our award-winning blog – The Policyholder Perspective – www.farellacoveragelaw.com

Firm Highlights

News

Farella Attorneys Named to 2022 Northern California Super Lawyers and Rising Stars

Thirty-four Farella Braun + Martel lawyers were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2022. Super Lawyers: Carly Alameda – Business Litigation George Argyris &ndash...

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Publication

Using Multi-Factor Authentication as a Prerequisite to Cyber Liability Coverage

Multi-factor authentication (MFA) is more than an annoying popup or text message when logging onto a company’s website or platform. Not only is using MFA a sound security practice and good business, it is frequently...

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News

50 Farella Lawyers in 2023 The Best Lawyers in America® and the Best Lawyers: Ones to Watch in America™; 4 Lawyer of the Year Awards

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Publication

Maximizing Your Insurance Coverage for Data Privacy Liability

With news of massive data breaches making headlines in recent years, the handling of personal data has become a focus for legislators and regulators around the world. Compliance with data privacy regulations such as the...

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News

Chambers USA 2022 Recognizes Farella Braun + Martel Lawyers, Practices

Farella Braun + Martel is pleased to announce that Chambers USA has recognized 14 lawyers and 6 practice areas in the legal directory’s 2022 edition. Individual California and Western U.S. Rankings: Sarah Bell &ndash...

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Event

Caught in the Crossfire: War Exclusion and Commercial Policyholders

Tyler Gerking and Patrick Loi will discuss "Caught in the Crossfire: War Exclusion and Commercial Policyholders" to the ACC Bay Area Chapter on October 12.  The “war” exclusion in cyber insurance policies has received...

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Publication

Fire Preparedness for Vineyards and Wineries

Winter, spring, summer, fire season, and fall – as Californians, we have all become accustomed to a fifth season – fire season. Even worse, fire season was once confined to just a few months...

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Publication

Nonprofit Basics: Insurance Coverage for the New Nonprofit

Welcome to EO Radio Show – Your Nonprofit Legal Resource . Risk management for a nonprofit starts with good governance, effective management and appropriate policies for employment practices, conflicts of interest and financial management...

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Publication

Caught in the Crossfire — How Will the War Exclusion Affect Commercial Policyholders?

The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage...

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News

Who’s Who Legal 2022 Recognizes Farella Lawyers

Five Farella Braun + Martel lawyers have been recommended by Who’s Who Legal 2022 as leading practitioners in their fields. Who’s Who Legal – Environment 2022 James Colopy – Environment Robert Hines – Environment...

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