Overview
Cox Castle represents corporate policyholders and individuals in the real estate, real estate construction, and financial services industries against their insurance companies in the pursuit of coverage. We devote a substantial part of our practice to front-end risk management for those same industries, to enhance our clients’ contracts, operational procedures, and project exit strategies. Cox Castle is renowned for recovering insurance proceeds, often achieving full coverage from insurance carriers for many construction-related claims. Our lawyers have extensively analyzed and tested theories of liability and defenses in the indemnification and construction insurance contexts.
Claims Advocacy and Coverage Litigation
Our attorneys collaborate with our clients' corporate counsel, risk managers, and insurance brokers to analyze, handle, and resolve complex insurance issues. We have assisted some of the country’s largest real estate and financial services companies in resolving their complex insurance disputes and have recovered of dollars in underlying claims and losses.
Our insurance coverage litigators have extensive experience mediating, arbitrating, and litigating complex coverage issues for our policyholder clients. Our expertise extends to claims under commercial general liability, umbrella and excess liability, professional liability, builder's risk, pollution liability, and property insurance policies, including enforcement of our clients' rights as additional insureds on other parties’ policies.
We have served as litigation counsel in hundreds of insurance claims and litigation matters. We draw on our deep knowledge and experience in contractual risk transfer techniques, including indemnity provisions and contract insurance requirements, our expertise in policy analysis, and our relationships in the insurance brokerage community to enhance our clients' opportunities to maximize insurance recoveries.
Real Estate/Construction Risk Management and Insurance Program Analysis
Our comprehensive, integrated approach to managing and insuring risk draws on our extensive transactional and litigation experience representing owners, homebuilders, developers, investors, contractors, and lenders in the development, acquisition, disposition, and financing of a broad range of real estate product types. We help our clients identify the risks to their operations and implement legal strategies to avoid, minimize, shift, insure, or retain those risks.
We counsel our clients on a wide range of operational risk management issues, including construction contract administration; due diligence in connection with acquisition and disposition of land, partially and fully entitled projects, and other assets; customer service and warranty programs; entity selection, structuring and dissolution; quality assurance and forensic inspection programs for design and construction; and project documentation.
We typically perform a comparative analysis of the risks of our clients' operations, including completed operations, in the context of the available insurance structures and products. Based on that analysis, we assist in the design of our clients’ insurance strategies, ranging from coverage for specific projects, assets, investments and transactions, to enterprise-wide insurance programs. Our attorneys also analyze and critique proposed insurance policy forms and endorsements considering our comparative risk evaluations, our litigation experience and the real estate product types involved.