What are some of the department’s most satisfying successes of the past year and why? Our work on behalf of policyholders seeking coverage for their pandemic-related business interruption losses has proved challenging, eye-opening and satisfying. Beginning in mid-2020, it was surprising to see many courts throw out policyholders’ cases before allowing discovery, contrary to years of case law and traditional pleading standards. We’ve seen courts treat these cases differently from pre-pandemic property damage cases and we’ve had to get creative with our legal arguments to distinguish our clients’ cases from those that have failed before. We’ve dug in to strategize how to craft pleadings in the most favorable venues to give our clients the best shot at recovery. Seeing those arguments begin to succeed and seeing our clients’ cases proceed past the motion to dismiss stage and into discovery, where they have the opportunity to show the extreme financial losses they have suffered over the past 14 months, has been extremely rewarding.
A prospective client in crisis calls and asks why your team should be retained. What is your answer? Our team has seen every possible ending to this crisis and can guide you toward the best outcome as quickly as possible. Because our team exclusively represents policyholders (often in crisis), we can see several steps ahead and can help our clients avoid common pitfalls and maximize their chances of success. Our track record of success speaks for itself, and our opponents know we’re willing to take any case to trial if necessary—where we’ll likely win. Because of that, our representation itself creates leverage, and our clients are often able to avoid litigation altogether when we get involved.
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