Insurance Bad Faith

Mr. Albert has been instrumental in obtaining hundreds of millions of dollars in recoveries for his clients from insurance companies which have attempted to skirt their insurance obligations unreasonably and without proper cause. These recoveries typically have resulted from Mr. Albert's skillful use of theories of insurance bad faith, which can impose substantial liability on an insurance company which unreasonably refuses to pay a claim, delays payment of a claim, pays too little, imposes unreasonable conditions or restrictions on payment, fails to give at least equal consideration to the interests of the insureds as to its own selfish corporate interests, and other conduct designed, unreasonably and in bad faith, to deny the insureds the insurance benefits they are entitled to receive. Examples of just some of these victories against major national and international insurance companies - typically represented by some of the most aggressive, well-funded, and skillful defense attorneys - include the following:

Director's and Officer's Liability Insurance Bad Faith

Representing the senior officers and directors of a Fortune Fifty company (BergenBrunswig Corp., now known as AmeriSourceBergen), Mr. Albert successfully positioned the negotiations with the primary and excess insurance carriers, through the threat of bad faith insurance litigation, so as to achieve more than $50 million in insurance funding to resolve several state and federal court securities lawsuits against the insureds. Mr. Albert also obtained significant defense funding from the insurance companies, reducing the company's out-of-pocket exposure in the litigation to an immaterial sum of money. The officers and directors paid nothing and received full and complete releases from all liability without any admission of wrongdoing on their part.

Representing the senior officers and directors of a film subsidiary of a major NYSE-traded holding company, Mr. Albert succeeded in having the director's and officer's liability insurance carrier reverse its coverage denial decision, obtaining significant defense funding leading to a complete dismissal of the shareholders' claims against the insureds on a motion to dismiss for failure to prosecute the litigation in a timely manner.

Represented the senior officers and directors of a mid-sized privately held corporation, Mr. Albert instigated insurance bad faith litigation in federal court against the company's director's and officer's liability insurance carrier, resulting in both the payment of defense fees and costs, and the funding of a comprehensive settlement of all claims against the insureds, in a confidential, significant seven-figure amount, including a complete disclaimer of any wrongdoing on the part of the insureds.

Representing one of the largest publicly-traded residential real estate development corporations in the United States and its senior officers and directors, using, among other skills, a well-supported analysis of the potential for liability above the coverage limits in the applicable insurance policies, both primary and excess, and the absence of credible coverage defenses, Mr. Albert played a key role in obtaining more than $30 million from the primary and excess insurance carriers, in addition to several millions of dollars in defense fees and cost reimbursements. These efforts allowed the funding of a comprehensive settlement of multiple consolidated construction defect lawsuits across multiple jurisdictions, through the creation of a captive warranty and insurance subsidiary to evaluate and pay homeowner claims.

Representing the Archdiocese of Los Angeles, Cardinal Roger Mahony, and other senior bishops and archdiocesan officials, Mr. Albert was a senior member of the insurance coverage team, including crack coverage counsel at Howrey Simon and Dickstein Shapiro, who succeeded in obtaining tens of millions of dollars in defense fees and costs from both primary and excess insurance carriers, and over $300 million in insurance proceeds to fund global settlements totaling over $660 million. Mr. Albert was the "settlement czar" for the clergy cases, which could not have been resolved in the absence of significant insurance funding which resulted from hard-fought coverage litigation and protracted, adversarial negotiations turning on theories of insurance bad faith and insurance coverage analysis of complicated contractual issues between primary and excess insurance carriers.