Complex Liability Consulting

We help you obtain insurance recoveries, lower the risk of costly litigation with insurers, mitigate the negative financial effects of these liabilities and also provide comprehensive reviews of incoming and outgoing contracts.

Organizations can face complex liabilities that can have a significant impact on their financial well-being. From helping to manage "long-tail" exposure claims to contract reviews, we help ensure that organizations like yours have the protection in place.

Our Complex Liability Consulting practice’s team of specialists employ innovative solutions to assist you in understanding, assessing, and managing the insurance aspects of mass tort and other complex liabilities such as asbestos, talc, pollution, medical devices/pharmaceuticals, product liabilities, chemicals, construction defects, concussions, addictions, and sexual misconduct/molestation.

We offer archaeology services to help you access valuable insurance assets, claim reporting to manage high volumes of correspondence with multiple insurers, and coverage specialists who work on your behalf to secure the recovery of significant defense and indemnity claim costs.

Using Marsh's proprietary tools and technology, we can analyze potential insurance recoveries for financial reporting and transactional due diligence, secure policies and transform insurance provisions into data for optimal utilization of current and historical insurance coverage.

We also provide contract review services. Our specialists conduct comprehensive reviews of incoming and outgoing contracts to ensure that the appropriate language is included to protect your organization and comply with your current insurance program. Our borrower’s insurance review program ensures that lenders are adequately protected in accordance with loan agreements by proactively obtaining and reviewing relevant insurance documents for compliance. Additionally, we can assess your contract review processes and procedures to recommend best practices for your employees who handle these activities internally.

We are committed to helping organizations effectively manage complex liabilities and mitigate potential risks through our expertise, innovative solutions, and comprehensive services. Our services designed to protect your balance sheet include:

Global insurance archaeology: Our specialists can assist you in identifying historical insurance assets. With extensive insurance contacts, over two decades of insurance archaeology experience, and access to the largest broker archive in the United Kingdom, we have successfully located billions in lost insurance policies on behalf of our clients.
Policy analysis, coverage graphs, and electronic archiving: Our specialists use our proprietary, policy analysis tool, Insurance Coverage Explorer^TM (ICE^TM), to provide comprehensive analysis of historical insurance information along with policy charting and electronic policy archiving. Our analysis can assist in pursuing insurance recoveries and valuing insurance receivables and can be used in connection with bankruptcies, transactional due diligence, strategic planning, settlement, and financial reporting.
Loss allocation modeling: To help you assess how your insurance policies may respond to losses, whether actual or forecasted, our coverage and modeling specialists can develop models to help you identify ways to allocate losses to potentially triggered policies.
Assistance in financial reporting and transactional due diligence: Legacy liabilities and large claim exposures can trigger financial reporting requirements, which can be challenging to fulfill. It is also critical to assess these types of exposures when preparing for a merger, acquisition, or divestiture. Our team can evaluate the insurance assets available to offset such exposures and identify the potential financial impact of the liabilities on your organization.
Claims notification and management: Our specialists effectively and efficiently manage the communications process with your insurers. We maintain robust procedures for ensuring that timely notice of claims is given, we track receipt of claims notices, and we establish claim communication protocols with insurers in compliance with policy terms. Our Data Navigator tool includes dashboards that provide you with real time access to detailed claim information.
Insurance Recovery: Our team of insurance coverage specialists has extensive experience advocating on your behalf with insurers in the context of complex and high-profile types of insurance claims including latent product liability, concussion, sexual misconduct/molestation, PFAS exposures, and more. We can combine our in-depth knowledge of coverage issues with our extensive Marsh resources and network with the goals of reaching favorable resolutions and getting claims covered as well as avoiding costly litigation.
Borrower’s Compliance Services: Catastrophic or unexpected risks can significantly impact the value of collateral used to secure a loan, leading to significant financial exposures for loan providers. Marsh’s team of insurance specialists can help you analyze prospective borrowers’ coverage with the goal of minimizing your vulnerability in case of borrower losses.
Contract Review Services: In today’s challenging marketplace, protecting your business requires proactive risk management that includes understanding and addressing the risks created by contractual insurance requirements. Marsh’s team of contract review specialists provide tailored assistance to help you navigate the challenges presented by third-party contractual insurance obligations and assist you in navigating and mitigating potential liabilities.

Complex Liability Consulting

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Peter Keane

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Complex Liability Consulting

Related solutions

Related services

For more information, please contact a Marsh representative.

Our people

Peter Keane

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