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Cohen Ziffer Frenchman & McKenna

Policyholders’ Heaviest Hitters | Attorneys | New York

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Insurance Recovery

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Clients rely on our adept, formidable advocacy team to maximize their insurance coverage, reduce their risk, and guide them safely through their liability disputes and bet-the-company challenges. With deep and varied experience and an outstanding, 20-year service-delivery history that includes more than $10 billion in insurance recoveries, we help policyholder organizations overcome legal and commercial obstacles while plotting the very best course forward.

Our award-winning team works closely with in-house counsel and c-suite executives, serving as advisors while simultaneously creating effective, aggressive litigation strategies. The two-pronged approach enables our clients to prevail in high-stakes conflicts, protect company interests, and profit from valuable insurance assets. Dedicated to responsiveness and fueled by a drive to understand all aspects of our clients’ businesses, we counsel organizations across a spectrum of industries, including manufacturing, software, financial services, healthcare, pharmaceuticals, energy, and education. Because we represent policyholders exclusively, we avoid conflicts of interest while procuring optimal outcomes for our clients at all stages of litigation, from summary judgments to trials and appeals.  When courtroom battles can be avoided, we help navigate clients through alternative dispute resolution processes.

Our lawyers cultivate and maintain close, long-term relationships with clients—including many Fortune 500 companies—embedding ourselves in the company culture and ensuring they get the best coverage.

Our Inventive Approach

Familiarity Breeds Originality: Two decades of cohesively practicing together enables us to operate at the highest level and craft unique and extremely effective arguments.

Uncharted Territory: Always forward-looking, we frequently advise clients that are grappling with disputes originating in emerging and quickly evolving areas. They include Covid-19-driven bankruptcies and other pandemic fallout, climate change impacts, autonomous driving accidents, alterations in the securities regulatory environment, and cybersecurity risks and attacks; we prevailed in a first-of-its-kind cybersecurity decision.

Alternative Fee Arrangements: Our creative thinking also informs our approach to payments, and we are open to adopting the remuneration and risk-sharing structures that work best for our clients.

Holistic Perspective: No matter the size or the type of organization we’re serving, we provide advice that takes into consideration both the short-term and long-term effects of insurance recovery litigation, business priorities and objectives, and public relations and publicity implications.

Our Strengths

  • Insurance recovery maximization
  • Exclusively policyholder representation
  • Trial ready
  • Alternative dispute resolution
  • Liability disputes
  • Insurance claim submission
  • Risk reduction
  • Risk transfer
  • Risk management

Experience Highlights

  • Our lawyers won a ruling for Verizon, enforcing the company's insurers to cover for tens of millions of dollars in legal fees and costs incurred in Verizon’s defense against a $14 billion lawsuit.

    Read More
  • Our lawyers obtained a judgment following a jury trial, securing tens of millions of dollars in coverage for TIAA, which judgment was affirmed by the Delaware Supreme Court.

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Relevant Experience

  • Warren Pumps LLC – Represented Warren Pumps LLC in a case seeking coverage from more than a dozen insurance companies for thousands of asbestos-related claims. Our lawyers have secured several high-profile courtroom victories for Warren, including:
    • A decisive jury verdict worth hundreds of millions of dollars
    • Landmark decisions from the New York Court of Appeals on the allocation of long-tail claims and the Delaware Supreme Court on critical issues, including assignment of policy rights and the trigger of coverage, which have allowed Warren to access more than $500 million dollars in asbestos insurance coverage limits.
  • New Jersey Transit – Secured a decisive victory in New Jersey appellate court allowing New Jersey Transit to access up to $400 million in insurance coverage from a group of excess insurance carriers to make much-needed repairs to its property following the devastating impact of Superstorm Sandy. The court rejected the insurers' attempts to enforce a $100 million "flood" sublimit in the policies finding that Superstorm Sandy met the policies' definitions of "named windstorm," for which there is no sublimit.
  • TIAA-CREF – Obtained a jury verdict worth $50 million that policyholder was entitled to recover 100% of its defense and indemnity costs. This came with a significant summary judgment decision for TIAA-CREF in Delaware Superior Court finding that a civil settlement of a lawsuit involving claims for disgorgement was an insurable loss under New York law.
  • Pella Corporation – Obtained a significant summary judgment ruling in Iowa federal court against numerous insurance companies holding that multiple class action lawsuits, which allege that certain Pella windows and doors were defective, and as a result, leaked and caused water damage were covered “occurrences,” under general liability policies and therefore insurable.
  • Givaudan Fragrances Corporation – Secured a major victory in the New Jersey Supreme Court with far reaching implications protecting a corporate insured’s right to reorganize its business as it sees fit, without fear of risking the forfeiture of its historic insurance coverage for environmental liabilities. On remand, Givaudan was able to successfully resolve the dispute with every insurer securing in excess of $500 million of limits.
  • AR Capital and its directors and officers – Secured a summary judgment ruling ordering that insurers must pay in excess of $70 million in limits incurred in defending and resolving securities matters.
  • Medidata Solutions Inc. – Obtained a Summary Judgment ruling from the U.S. District Court for the Southern District of New York allowing Medidata to access coverage under a Federal Insurance Co. commercial crime insurance policy for a loss that the company suffered as a result of a computer fraud incident. The decision is one of the first involving coverage for email “spoofing,” a threat increasingly faced by companies in all industries.
  • Conduent - Secured monies for investigative and defense costs relating to a $260 million Medicaid settlement.
  • WoodSpring Hotels LLC – Represented WoodSpring Hotels in its pursuit of coverage under a primary D&O policy for defense and indemnity amounts arising out of a lawsuit brought by a competitor alleging that WoodSpring and its former employee obtained and distributed the competitor’s confidential electronically stored information in order to lure customers away from a competitor. In May 2018, WoodSpring’s motion for summary judgment was granted requiring AIG to pay WoodSpring’s defense costs.

Recognition and Rankings

  • Litigation Department of the Year for Insurance - New York Law Journal, 2021
  • “Insurance Practice Group of the Year” – Law360 (2016 – 2020)
  • In 2020, Chambers USA again ranked our team in Band 1 for Insurance: Dispute Resolution: Policyholder in New York. Our group “handles the most complex and high-profile coverage cases and class actions” and is “well known for regularly securing key verdicts at trial and appellate levels for major corporate clients facing significant liability exposure. They have been at the top of the game for a long time and do a great job for clients.”
  • Our team was also ranked in 2018 - 2021 as a leading insurance litigation group (nationally and in New York) by Chambers USA.
  • 2020 The Legal 500 ranked our team as “leading lawyers” in Insurance: Advice to Policyholders:
    • Robin Cohen – Hall of Fame
    • Adam Ziffer – Recognized
    • Ken Frenchman – Recommended
    • Keith McKenna – Next Generation Partner
  • 2016-2021 The Legal 500 ranked our team as “top tier” for Insurance: advice to policyholders. The publication noted that the . . . insurance recovery practice has “experience across a wide range of insurance issues, including asbestos-related matters, as well as other product liability, environmental, toxic tort cases and D&O matters. The team also has significant regulatory expertise."
  • “Insurance Litigation Department of the Year” – The New York Law Journal (2017)
  • Our team ranked “Tier 1” nationally for insurance litigation by Benchmark Litigation in 2018 – 2021.
  • Numerous individual awards and rankings for Robin Cohen, Adam Ziffer, Ken Frenchman and Keith McKenna.

News/Insights

  • Insurers Must Cover Company In a Failed Water Treatment Project Suit

    March 31, 2022·Media Coverage·less than a minute
  • Reuters: Liberty must cover entire asbestos settlement with defunct company

    June 18, 2021·News·less than a minute
  • Law360: Court Says Liberty Mutual Must Pay Full Asbestos Settlements

    June 18, 2021·Media Coverage, News·less than a minute
  • Law 360: NJ High Court Says Insurers Can’t Duck $400M Sandy Bill

    January 27, 2021·News·less than a minute
  • Law360 reported “Celanese Blames Insurer for $14M Absestos Verdict”

    December 11, 2020·News·less than a minute
  • Robin Cohen quoted in Insurance Business America’s article, “Jemb Realty Sues Insurer, Revealing Challenges Facing Commercial Property Insureds”

    December 3, 2020·News·less than a minute
  • Law360 reported, “Vegas Outdoor Mall Can Pursue COVID-19 Coverage Suit”

    December 3, 2020·News·less than a minute
  • Law360 reported, “Insurer Must Cover Tech, Co. In Failed Software Suit”

    November 2, 2020·News·less than a minute
  • Marc Ladd quoted in Bloomberg Law’s article “Ski Pass Insurance Row Highlights Complex Route for Virus Suits”

    October 21, 2020·News·less than a minute
  • Law360 reported, “Minor Leaguers Fight Insurers’ Bid To Toss Ariz. Virus Suit”

    October 16, 2020·News·less than a minute
  • Law360 reported, “Excess Insurer Owes Pfizer Coverage for Securities MDL’

    September 1, 2020·News·less than a minute
  • Robin Cohen quoted in Bloomberg Law’s article “More Virus Insurance Suits Could Follow as Consolidation Fails”

    August 17, 2020·News·less than a minute
  • Robin Cohen quoted in Law360’s article “Mo. Restaurants Can Pursue COVID-19 Suit”

    August 13, 2020·News·less than a minute
  • Robin Cohen Recognized Among “Top 250 Women in Litigation” by Benchmark Litigation

    August 3, 2020·News·less than a minute
  • Marc Ladd presented at Austin Chapter Webinar – “COVID-19 and Hard Insurance Markets – How to Navigate Rising P&C Insurance Renewals

    July 29, 2020·News·less than a minute
  • Media Coverage: Cohen Ziffer lawyers file lawsuit on behalf of Northwell Health Inc. against Chubb Insurance

    July 28, 2020·News·less than a minute
  • Robin Cohen featured in AmLaw report: “Two Legal Sluggers Go to Bat for Minor League Baseball in COVID Insurance Fight”

    June 24, 2020·News·less than a minute
  • Robin Cohen’s interview with Retail Touchpoints was published in “Three Steps to Safely and Legally Reopen Stores”

    June 22, 2020·News·less than a minute
  • Robin Cohen quoted in Financial Times article, “Insurers vs Small Businesses: A High-Stakes Battle Over Lockdowns”

    June 22, 2020·News·less than a minute
  • Webinar: Seeking Insurance Coverage for Coronavirus-related Losses featuring Marc Ladd and Alex Sugzda

    June 1, 2020·News·less than a minute
  • Robin Cohen named a New York Trailblazer by New York Law Journal

    May 19, 2020·News·2 minute read
  • Robin Cohen discusses COVID-19 with Law360

    May 18, 2020·News·less than a minute
  • Marc Ladd provides commentary to Insurance Business America’s article “Insurance Lawyer on Elon Musk and Tesla’s Unconventional D&O Decision”

    May 18, 2020·News·less than a minute
  • “How Law Firms Can Maximize COVID-19 Insurance Coverage,” by Robin Cohen and James Smith

    May 12, 2020·News·less than a minute
  • The National Law Journal Recognizes Keith McKenna as “Trailblazer” in Plaintiff Litigation

    May 1, 2020·News·less than a minute
  • Robin Cohen provided commentary to Forbes article “Financial Ramifications of Coronavirus Canceling Tokyo Olympics Would be Massive”

    April 29, 2020·News·less than a minute
  • “Contracts Clause Unlikely To Impede Biz Interruption Laws” by Robin Cohen and Patrick Pijls

    April 23, 2020·News·less than a minute
  • Robin Cohen provided commentary to Law360’s article “Proposed Virus Coverage Backstop Leaves Pricing In The Air”

    April 20, 2020·News·less than a minute
  • Robin Cohen discussed Key Considerations for COVID-19 Insurance Battles in feature interview with AmLaw Litigation Daily

    April 16, 2020·News·less than a minute
  • Marc Ladd named to Law360’s 2020 Insurance Editorial Advisory Board

    April 10, 2020·News·less than a minute
  • Robin Cohen provided commentary to Financial Times’ article “Business Disruption Insurance: Can it Help with Coronavirus?”

    April 7, 2020·News·less than a minute
  • Robin Cohen spoke with Financial Times regarding “U.S. Legal Battle Looms over Coronavirus Insurance Payouts”

    March 30, 2020·News·less than a minute
  • “Availability of Insurance Coverage for Immediate Coronavirus Losses” by Robin Cohen, Marc Ladd and Alexander Sugzda

    March 25, 2020·News·less than a minute
  • “How To Maximize Insurance Coverage For Coronavirus Issues” by Robin Cohen, Marc Ladd and Alexander Sugzda

    March 18, 2020·News·less than a minute
  • Robin Cohen, along with CBS General Counsel Laura Franco, publish “Gender Diversity Pays” in Corporate Counsel

    February 19, 2020·News·less than a minute
  • Law360 reports “AIG Must Cover Software Co.’s Deal In $6M Email Scam Suit”

    January 31, 2020·News·less than a minute
  • Robin Cohen profiled by Law360 in its Insurance MVP series

    December 12, 2019·News·2 minute read
  • Appellate Division Affirms NJ Transit’s Entitlement to Full $400 Million Program Limits for Sandy Water Damage

    November 19, 2019·News·2 minute read
  • Robin Cohen Recognized as an “Insurance MVP” by Law360

    November 11, 2019·News·less than a minute
  • Robin Cohen speaks with Business Insurance regarding “Coverage Battles Over Abuse Suits Loom”

    September 1, 2019·News·less than a minute
  • Law360 reports on Insurance Ruling for Conduent State Healthcare v. AIG Speciality Insurance Co.

    August 30, 2019·News·less than a minute
  • Robin Cohen publishes article titled “Institutions and Insurance After Texas Doubles Time Limit on Child Sex Abuse Claims” in The Texas Lawbook

    August 30, 2019·News·less than a minute
  • Robin Cohen Discusses the New York Child Victims Act and It’s Impact on Insuers with Insurance Business America

    August 29, 2019·News·less than a minute
  • Robin Cohen publishes article on “Insurance Coverage in the Wake of the New York Child Victims Act and Sex Abuse Lawsuits” in the New York Law Journal

    August 23, 2019·News·less than a minute
  • Keith McKenna Discusses the 9th Circuit Affirmation of the lower court ruling against Facebook with Business Insurance

    August 20, 2019·News·less than a minute
  • Robin Cohen Recognized Among “Top 250 Women in Litigation” by Benchmark Litigation for 2019

    August 14, 2019·News·less than a minute
  • Media Coverage: Cohen Ziffer Lawyers Secure Insurance Recovery Victory on behalf of Pfizer

    July 23, 2019·News·2 minute read
  • BestWeek Report: “Judge Rules Against AIG Units in $100 Million Texas Fraud Coverage Dispute”

    July 10, 2019·News·less than a minute
  • Mealey’s Emerging Insurance Disputes: Civil Investigative Demand Constitutes ‘Claim’ Under Professional Liability Policy

    June 27, 2019·News·less than a minute
  • Media Coverage: Cohen Ziffer Lawyers Secure Ruling that Enables AR Capital to Seek Coverage for Legal Costs

    December 14, 2018·News·less than a minute
  • Cohen Ziffer Lawyers Secure One of the Largest Verdicts Against Protective Life Insurance Policy in Alabama

    September 25, 2018·News·less than a minute
  • Cohen Ziffer Attorneys Secure One of the Largest Verdicts Against Protective Life Insurance Policy in Alabama

    September 25, 2018·News·less than a minute
  • Marc Ladd named a 2018 Law360 “Rising Star”

    August 27, 2018·News·less than a minute
  • Media Coverage: Delaware Supreme Court Affirms $40 Million+ Coverage Win for TIAA

    August 1, 2018·News·less than a minute
  • Delaware Supreme Court Affirms $40 Million+ Coverage Win for TIAA – Rules Settlement of Civil Disgorgement Claims Insurable Under New York Law

    July 31, 2018·News·2 minute read
  • Delaware Supreme Court Affirms $40 Million+ Coverage Win for TIAA – It Rules Settlement of Civil Disgorgement Claims Insurable Under New York Law

    July 31, 2018·News·2 minute read
  • Robin Cohen Recognized as a Legend of the Lawdragon 500

    July 2, 2018·News·2 minute read
  • The National Law Journal Recognizes Robin Cohen as “Trailblazer” in Plaintiff Litigation

    May 14, 2018·News·less than a minute
  • Ken Frenchman Comments on WoodSpring Hotel’s Summary Judgment in Delaware Law Weekly

    May 9, 2018·News·less than a minute
  • Media Coverage: Cohen Ziffer Lawyers Secure a Final Judgment for Verizon from the Delaware Superior Court

    May 8, 2018·News·less than a minute
  • Cushman & Wakefield Secures More Than $48 Million in Coverage for Appraisal Litigation

    April 26, 2018·News·less than a minute
  • Robin Cohen to Speak at the ABA 2018 Insurance Coverage Litigation Committee CLE Seminar

    March 2, 2018·News·less than a minute
  • Benchmark Litigation Names Robin Cohen “Insurance Lawyer of the Year” for 2018

    February 16, 2018·News·less than a minute
  • Cohen Ziffer Lawyers Secure Summary Judgment for Pella Against Liberty Mutual

    January 19, 2018·News·less than a minute
  • “Breaking Through” Robin Cohen Shares Her Wisdom to Empower Women Attorneys

    January 11, 2018·News·less than a minute
  • Kenneth Frenchman and Adam Ziffer Named “Insurance MVPs” by Law360

    December 20, 2017·News·2 minute read
  • What Corporate Policyholders Need to Know About Hurricane Coverage

    November 21, 2017·News·less than a minute
  • Robin Cohen Receives New York Law Journal’s “Professional Excellence Award” for Distinguished Leadership

    October 18, 2017·News·less than a minute
  • Robin Cohen to Discuss “Strategies for Negotiating Salary” at the Women, Influence & Power in Law Conference (WIPL)

    October 12, 2017·News·less than a minute
  • Robin Cohen Awarded “Best in Insurance” at the Euromoney Legal Media Group 2017 Women in Business Law Awards

    September 6, 2017·News·less than a minute
  • Law360: Travelers Ordered To Cover Standard’s Charney Suit Defense

    August 22, 2017·News·less than a minute
  • Robin Cohen Recognized Among “Top 250 Women in Litigation” by Benchmark Litigation for 2017

    August 15, 2017·News·less than a minute
  • Insurance Coverage Alert: Cohen Ziffer Lawyers Secure $4.8 Million Computer Fraud Coverage for Medidata Solutions

    July 31, 2017·News·less than a minute
  • Law360: “Medidata Covered For $4.8M Computer Fraud, Judge Rules”

    July 24, 2017·News·less than a minute
  • Ken Frenchman Speaks With Claims Journal About Walmart’s Dispute with Insurers Concerning Reimbursement of Tracy Morgan Settlement Fees

    June 22, 2017·News·less than a minute
  • Robin Cohen to Speak on Emerging Risks & Insurance Issues in Philadelphia

    May 11, 2017·News·less than a minute
  • Law 360: Each Faulty Pella Window Claim Is 1 ‘Occurrence,’ Judge Says

    March 31, 2017·News·less than a minute
  • Robin Cohen named “Litigator of the Week” by The Am Law Litigation Daily

    March 24, 2017·News·less than a minute
  • Law360: Cohen Ziffer Lawyers Secure $48 Million in Coverage for Verizon for Securities Transaction Claims

    March 15, 2017·News·less than a minute
  • Robin Cohen Publishes Article in Law360 Discussing the Implications of the AIG and Berkshire Hathaway Deal

    March 1, 2017·News·less than a minute
  • Robin Cohen Named “Insurance Lawyer of the Year”

    February 17, 2017·News·less than a minute
  • Cohen Ziffer Lawyers Secure $500 Million Insurance Coverage Victory for Givaudan Fragrances Corp.

    February 1, 2017·News·less than a minute
  • Viking Pump Win Tops Law360’s List of 2016’s “Biggest Insurance Rulings”

    December 15, 2016·News·less than a minute
  • Robin Cohen Recognized as an “Insurance MVP” by Law360 for 2016

    November 30, 2016·News·2 minute read
  • Law360: Retirement Provider’s Disgorgement Is Insurable, Judge Says

    November 3, 2016·News·less than a minute
  • Law360: Liberty Mutual Must Cover Faulty-Work Defense, Judge Rules

    November 1, 2016·News·less than a minute
  • “Delaware Deals A Blow To Insurers’ Delay Tactics”

    October 5, 2016·News·less than a minute
  • Cohen Ziffer Lawyers Obtain Another Landmark Insurance Decision in Viking Pump

    September 16, 2016·News·3 minute read
  • Delaware Business Court Insider: Del. Supreme Court Disarms ‘Exposure Trigger’ in Asbestos Insurance Case

    September 14, 2016·News·less than a minute
  • Insurance Coverage Alert: Cohen Ziffer Lawyers Secure Another Landmark Decision On Trigger of Coverage, Assignment and Defense Cost Issues In Viking Pump

    September 13, 2016·News·3 minute read
  • Robin Cohen Recognized Among “Top 250 Women in Litigation” by Benchmark Litigation for 2016

    August 5, 2016·News·less than a minute
  • Cohen Ziffer lawyers recent victory tops Law360’s list of the “Biggest Insurance Rulings So Far in 2016.”

    July 20, 2016·News·less than a minute
  • Cohen Ziffer Lawyers Obtain Landmark Decision on Allocation of Liability in Viking Pump

    July 20, 2016·News·2 minute read
  • Insurance Coverage Alert: Cohen Ziffer Lawyers Obtain Landmark Decision on Allocation of Liability in Viking Pump

    May 12, 2016·News·2 minute read
  • Cohen Ziffer Lawyers Obtain Landmark Decision from New York’s highest court on Allocation of Liability in Viking Pump

    May 6, 2016·News·less than a minute
  • Insurance Coverage Alert: Cohen Ziffer Lawyers Secure Legal Defense Costs for Ex-FIFA Official

    May 3, 2016·News·less than a minute
  • Cohen Ziffer Lawyers Secure Legal Defense Costs for Ex-FIFA Official

    May 2, 2016·News·less than a minute

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  • Our Inventive Approach
  • Our Strengths
  • Experience Highlights
  • Relevant Experience
  • Recognition and Rankings
  • News/Insights
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