Insurance Recovery

Organizations in the US are facing an increase in claims arising out of legacy liabilities, such as those related to latent injury product exposures, environmental contamination, sexual misconduct, and chemical exposures including perfluoroalkyl and polyfluoroalkyl substances (PFAS). At Marsh, our team of complex liability specialists can help you identify, quantify, and secure coverage for potential claim costs arising from these exposures.

Insurance Coverage and Legacy Liabilities

Legacy liabilities present unique challenges for insureds. These liabilities frequently originate from operations that took place, or products that were sold, over the course of several decades. Moreover, when these claims emerge there are often multiple plaintiffs, with litigation potentially filed in several jurisdictions, from individuals making allegations of injuries or damages resulting from exposures ranging over the course of an organization’s history. These claims raise numerous questions, such as:

Which policies are triggered by the loss?
If my historical insurance policies are triggered by the loss, where do I find these policies?
How are claim costs distributed across the triggered policies?
Do all plaintiffs constitute a single claim or “occurrence”, or is each a separate claim or “occurrence”?
Are there policy provisions or exclusions that may limit or preclude coverage?

Comprehensive services to mitigate risks

Marsh offers a range of services to assist organizations with legacy liabilities:

Insurance archaeology: Our specialists have a track record of locating evidence of policies issued many years ago, using our extensive network and access to broker archives.

Policy analysis and coverage graphs: We conduct a comprehensive analysis of historical insurance information using our proprietary application, Insurance Coverage Explorer^TM (ICE). This allows us to identify coverage terms, conditions, and limits within your historical policies and create graphical charts for easy reference.

Allocation modeling: Our sophisticated models help estimate the potential value of insurance assets that may be available to help offset current and potential future liabilities. We can assist in developing loss allocation models and support settlement demands based on current legal uncertainties.

Insurance recovery strategy: Our consultants advocate on your behalf with insurers, leveraging our relationships with key decision-makers. We aim to reach favorable resolutions and get claims covered without the need for costly litigation.

As litigation activity increases, our team of specialists is ready to assist you in developing an effective insurance recovery strategy under your current or historical coverage to resolve any existing or future claims. Contact your Marsh representative today to learn more about how we can help protect your organization from legacy liabilities.

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Insurance Recovery

Insurance Coverage and Legacy Liabilities

Comprehensive services to mitigate risks

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