Insurance Policyholder Counseling and Recovery

Miller Johnson attorneys are experienced at both advising policyholders on insurance coverage strategies as well as representing them when disputes arise. Our clients hail from a wide variety of industry sectors including construction, health care, manufacturing, professional services, and retail. They represent family owned and closely held businesses all the way to publicly traded companies and range from west Michigan locations to global enterprises.

Our services to policyholders include reviewing current and historic policies, anticipating their coverage needs by using our knowledge of their industry in conjunction with their goals, advising them on best practices to manage their risks, protecting them in negotiating coverage, representing them in submitting claims, and defending them when disputes arise.

Miller Johnson’s success in representing and obtaining favorable results for our clients has been recognized by third parties such as a top ranking for insurance law on U.S. News & World Report’s Best Law Firms List to Best Lawyers in America including individual attorneys earning their peers’ respect for work in this area.

Coverage Counsel
Miller Johnson attorneys provide a personalized, comprehensive approach in counseling policyholders. It starts with our determination to know our clients and their industry. This is coupled with our keeping abreast of insurance law. With this knowledge, we counsel clients on insurance procurement issues, and assist with policy negotiation. In so doing, we advise clients regarding the scope of coverage provided under their insurance policies, and attempt to coordinate coverage throughout their insurance programs and endorsements to eliminate gaps in coverage. Miller Johnson is adept with issues related to loss and liability from:

  • Complex commercial and contract disputes
  • Construction defect claims
  • Crime and fraud issues
  • Data breaches
  • Director and officer liability
  • Employment claims
  • Errors and omissions
  • Environmental claims
  • Intellectual property
  • Natural disasters
  • Personal injury
  • Product liability and recalls
  • Property damage
  • Transactional structuring for mergers and acquisitions

Policyholder Recovery
Miller Johnson attorneys advise policyholders on the best way to resolve coverage claims because we know their reputation is of importance in sensitive situations and there are often significant economic consequences.

Clients can be confident that we are well-known for our work in:

  • Product liability
  • Personal injury
  • Complex commercial disputes
  • Employment practices liability
  • Employee theft
  • Healthcare matters
  • Professional liability
  • Directors and officers liability

We aim to achieve the best result as expeditiously and economically as we can and this often means advocating for the policyholder’s claim through negotiation and or dispute resolution such as arbitration and mediation. Miller Johnson attorneys are effective negotiators and often resolve disputes before filing suit. Here are some examples:

  • Through pre-litigation mediation, negotiated a $4.3 million settlement on behalf of a client, after the client’s insurer refused to pay under an errors and omissions policy.
  • Convinced a client’s insurer to reverse its initial denial of coverage and pay $1 million liability under a Commercial General Liability policy, without resorting to litigation.
  • Coordinated coverage among policies held by multiple defendants in wrongful death action to maximize coverage available and fully fund global settlement of all claims.
  • Negotiated a settlement in excess of $7 million on behalf of one of West Michigan’s largest employers, after the client’s insurer refused to defend the insured against a group of defamation claims.
  • Negotiated settlement in excess of $2 million on behalf of West Michigan company, after insurer filed declaratory judgment action requesting that the court find that it had no duty to defend or indemnify client.
  • Negotiated a settlement of nearly $500,000 under a specialty well control policy for a loss arising out of a gas well blow-out, after the insurer denied benefits.

Miller Johnson attorneys understand that lawsuits are time consuming and trials are unpleasant for clients but when necessary will recommend proceeding to litigation with the dispute. We have handled complex and highly sophisticated cases – at the trial and appellate levels, in state and federal courts in Michigan and throughout the United States. We have:

  • Obtained a judgment in excess of $25 million in favor of a Fortune 500 company, after the insurer refused to defend and indemnify the client in a series of product liability suits against the client.
  • Obtained a declaratory judgment that required the client’s insurer to indemnify the client for a $26 million liability assumed by the client under an “insured contract.”
  • Obtained judgment is excess of $1 million for a client, after client’s insurer refused to pay for the costs of defending anti-trust lawsuit.
  • Obtained a judgment in excess of $500,000 for a client, after the client’s insurer refused to pay the full amount of defending the insured against a defamation claim.

Policyholders can be confident that when a catastrophe does occur, our counseling and recovery strategies pay off in protecting their assets and minimizing the interruptions to their business. Contact us to learn more.