Arcina has been instrumental in recovering billions of dollars for clients and delivering favorable results in large complex litigation.
Non-Profit Faced Sexual Misconduct Claims, Mounting Legal Bills and an Insolvent Carrier
A division of a global, non-profit service organization was facing legacy sexual misconduct claims. Months of research at the headquarters site, as well as through other channels, produced general liability policies dating back to the 1950s. Arcina perfected the noticing requirements of the claims and tendered them to the insurance markets resulting in a recovery of millions of dollars. This provided coverage for significant defense fees and the indemnification of various settlements. Though one of the insurance carriers was on the brink of insolvency, Arcina negotiated a policy buyout for the client resulting in cash on hand to address potential future claims.
Project with 30 Contaminated Parcels Yields Multi-Million Dollar Insurance Recovery
One of the nation’s largest school districts encountered environmental contamination as part of an acquisition of a large industrial site comprised of more than 30 separately owned parcels. In an effort to seek funds to offset the multi-million dollar remediation, the district engaged Arcina to locate legacy policies from the previous site owners. The lengthy and complex engagement entailed extensive research via various channels on each of the 30 properties along with numerous interviews with individual site owners and their legacy insurance carriers. Ultimately, multiple general liability policies, valued at more than $10 million were identified, dating back to the 1960s. The insurance recovery helped offset the cost of the clean-up and the property was repurposed for a new school.
Strategic Search Uncovers Billions in Historic Insurance for Misconduct Claims
A large state university and its medical center faced an influx of sexual misconduct claims. The risk management teams were unable to locate evidence of insurance coverage during the time period of the alleged abuses. Arcina’s archaeologists conducted a strategic search of primary and secondary records to locate more than $3 billion in historic policies dating back to 1975. The client received a detailed report outlining the results of the search including organized hard copies of pertinent insurance documentation, digital copies of policies and policy evidence. Updated policy schedules, coverage charts illustrating the located coverage on a time and dollar matrix along with proper insurer contact information resulted in a strategic and efficient claims management process.
Persistence Pays Millions in Environmental Claim Recovery
It took three years and diligent negotiations with eight insurance companies to fund multi-site environmental claims spanning several decades for a manufacturing company. An insurance archaeology effort produced valuable policies dating back to the 1940s through the 1980s. The team developed a strategy to engage specific carriers with favorable policy language that would enable our client to obtain a recovery with each carrier. Over the three year time span, the team consistently advised the client to remain focused and resolute in securing settlements for the claims. When litigation between the carriers erupted, Arcina continued to advise the client and collaborate with outside counsel. The result of our stewardship was several multi-million dollar payments, favorable resolution of the litigation, and a satisfied client.
Archaeology and Claims Advocacy Deliver Unexpected Results
A water company, on the verge of a trial, was facing a significant liability related to historic asbestos claims. The company had limited insurance to provide coverage and defense for the claim. The Arcina team was able to immediately implement an archaeology and advocacy plan that within two weeks located significant insurance assets and arranged for defense of the claims. On the eve of the trial, the case settled with the authority of multiple insurers, and the carriers ultimately reimbursed 100% of the defense costs, resulting in a seven-figure recovery for the insured. Diligence and persistence resulted in the location of over $100 million in coverage for pending and future asbestos claims, providing the client with both piece of mind and a reliable insurance asset.
Insurance Due Diligence Results in Comprehensive Overview of Assets and Liabilities
As part of its growth strategy, an international engineering firm was exploring acquisitions with construction and engineering projects throughout the U.S. and abroad. The client considered some of these transactions as “high risk / high reward” and thus, was particularly interested in the historical insurance and legacy claims these entities had. During the due diligence phase, Arcina assessed the companies’ legacy liabilities and conducted insurance archaeology to uncover historical policies. For each acquisition, Arcina charted the insurance programs back to the 1950s, gathered the relevant insurance policies and identified gaps in coverages. As a result of the investigations and subsequent work, the client obtained a centrally located library and catalog of its historical insurance for the parent company and many of its holdings. This provided a comprehensive overview of the insurance assets and liabilities.
Insurer Driven Request for Archaeology to Spread Time on Risk
Arcina was contacted by an insurance company who was solely defending a prominent northeastern cosmetics manufacturer that was involved in a significant environmental claim. The company was seeking other insurers who could provide a contribution to the claim. Arcina was engaged to conduct a comprehensive insurance archaeology project as prior archaeology undertaken by other firms had yielded little to no results. Working in close collaboration with the insured, Arcina spent several days in the cosmetic manufacturer’s warehouse sorting through old files until a locked file cabinet was discovered containing a microfiche. A trip to the local library unveiled a record of solvent insurance assets valued at over $50M which reduced the insurer's responsibility by more than 80%.
Archaeology Produces Coverage for Automotive Manufacturers Toxic Tort Claims
Two of the world’s largest automotive manufacturers were beset with asbestos exposure claims related to clutch and brake pads. Arcina located product liability policies and general liability policies dating back to the earliest first days of production in the U.S. market for both companies. The policies had been placed in the global insurance markets. Long-standing relationships and knowledge of the global marketplace enabled Arcina to recover nearly 100% of the historical insurance for both companies. Following the successful negotiations of cost share agreements, these insurance programs covered the defense fees and indemnity payments of over $40 million.