When retained by a firm in bankruptcy to obtain insurance during a reorganization, ICA conducted a claims review and found an eye-opening discovery…

Home > Case studies > When retained by a firm in bankruptcy to obtain insurance during a reorganization, ICA conducted a claims review and found an eye-opening discovery…

When retained by a firm in bankruptcy to obtain insurance during a reorganization, ICA conducted a claims review and found an eye-opening discovery…

This new Client had been sued in a products liability action for an allegedly faulty product. As the Client was in the process of facing reorganization, it had submitted the claim to its insurance company but insisted on utilizing its own bankruptcy attorney for handling. This attorney, with no products liability litigation experience to speak of, so muddled the handling of the products case that the insurer was offering only $450,000 in full and final settlement. ICA re-analyzed the policy wording, saw unaddressed, additional coverage areas that were being overlooked, then forced a revisit of the settlement offer with this new information, resulting in a settlement of $1,980,000, just two months after it was engaged!! ICA uncovered clauses in the policy providing remediation cost coverage, where the insurer was responsible for remediating additional product losses by covering the costs of replacing all allegedly faulty products, not just covering damages for the one party actually suing them. Of course, the bankruptcy attorney never caught that potential area of coverage.

The insurer had recognized that it was working with an amateur at first, who was seeking only the obvious coverage for the claim, yet when the experts stepped in, they were forced to offer up the coverage they knew was there but was not being asked for. In essence, ICA found language to maximize the amount recoverable by the Client, and by enforcing the remediation coverage, was able to prevent other potential similar lawsuits from ever occurring.

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