Insurance Counseling

The attorneys at Kalman & Associates provide comprehensive counseling to both insurance carriers and their insureds in a variety of environmental matters, including claims evaluation, coverage analysis, declaratory judgment actions, alternative dispute resolution, and claims defense.

For insurers, we handle matters involving complex and emerging environmental coverage issues and advise carriers on the nature and extent of their defense and indemnity obligations. Our attorneys’ extensive litigation experience and technical backgrounds allow them to assess matters promptly and to formulate the most cost-effective and strategically advantageous approaches to claim resolution, whether in negotiation, mediation, arbitration, or litigation.  For insureds, we have successfully prosecuted environmental claims on behalf of policyholders under both modern and historical comprehensive general liability and pollution legal liability insurance policies for some of the largest companies in the United States.

While our attorneys pride themselves on zealous representation of our clients’ interests, we also strive to cultivate productive relationships with opposing counsel that allow for successful and efficient negotiation of claims without the need for litigation. We also help clients evaluate their existing environmental insurance coverage and work with risk managers to identify and mitigate risk.

Kalman & Associates’ insurance group handles a broad range of environmental insurance coverage and defense matters, including:

  • Procurement of environmental cleanup and impairment liability policies, cleanup cost cap and/or remediation stop loss coverage, real estate environmental liability policies, and storage tank insurance;

  • Drafting of coverage position correspondence, including reservation of rights and disclaimers;

  • Environmental coverage opinions and analysis;

  • Declaratory judgment actions;

  • Indemnity and duty to defend coverage disputes;

  • Bad-faith and extra-contractual litigation;

  • Reinsurance and coverage issues;

  • Subrogation and cleanup cost-recovery actions; and

  • Risk management and counseling.