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

Publication

“That Particular Part” – Yet More

Massachusetts Appeals Court Gets It Right – Mostly Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau , __ F.3d __...

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News

40 Farella Braun + Martel Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars

SAN FRANCISCO, July 8, 2019: Forty Farella Braun + Martel attorneys across practice areas were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2019. Farella attorneys...

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Publication

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy period...

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Publication

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out...

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News

Farella Adds Technology Industry Group Depth

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News

Farella Braun + Martel Attorneys Recognized in The Best Lawyers in America© 2020

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Publication

Are You Covered for California’s New IoT Laws?

In November, Tyler wrote about  insurance issues raised by both the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act, which goes into effect on January 1, 2020. California’s governor...

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Publication

Ninth Circuit Asks the California Supreme Court to Interpret the Scope of Personal Injury Coverage

On January 15, 2019, the Ninth Circuit certified the following question to the California Supreme Court: Does a commercial liability policy that covers “personal injury,” defined as “injury… arising out of… [o]ral or written...

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Publication

Insurance for the Cannabis Industry Program Takeaways

I recently moderated a Bar Association of San Francisco Insurance Section program co-sponsored with the Cannabis Law Section. The program highlighted recent changes to local insurance requirements and market availability of coverage for cannabis...

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Publication

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy.  The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App...

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