Insurance Asset Recovery
Insurance Due Diligence
Insolvency Recovery

Insurance Asset Recovery for Environmental or Asbestos Claims

Problem:

Your Company is paying for environmental and asbestos claims arising from historical operations that caused, continue to cause, or threaten to cause bodily injury or property damage.

Solution:

Resolution Associates can help your Company pursue an insurance recovery effort utilizing historical liability insurance policies to realize substantial dollars for your environmental or asbestos claims.

The professionals of Resolution Associates are successful in obtaining the most from your historical insurance policies, because we employ a business oriented strategy and have insight into property & casualty insurers' perspective. Pursuing a purely legalistic approach to resolving disputed claims adds undue time, risk and cost to your company's insurance recovery efforts.

Our professionals provide the following services:

  • insurance policy archaeology
  • insurance coverage analysis
  • gather and organize historical claim information
  • gather and organize past costs and future projections
  • perform complex claim risk modeling similar to the insurance industry's modeling
  • negotiate directly with insurers on your company's behalf

Insurance Due Diligence for Mergers & Acquisitions

Problem:

Your Company is acquiring a company that may have environmental or asbestos exposures. What steps can be taken in the due diligence process to assess and protect your Company from these possible exposures.

Solution:

Resolution Associates mergers and acquisitions team is ready to assist your company in the acquisition process by conducting an assessment of available insurance coverage of the prospective acquisition. The historical insurance policies of the prospective company are usually forgotten in the due diligence process, but may be the only asset of the acquisition company available to offset historical environmental and asbestos liabilities.

We perform a high level insurance archeology of the target company to help value the insurance assets, which may be a vital factor to your company's decision whether to assume historical environmental or asbestos liabilities. Our team can assist in carefully structuring indemnity clauses, which can offset environmental liabilities, and securing rights to the target company's historical general liability policies as part of the acquisition agreement. We also can advise on available pollution insurance coverage that best suit your needs.

Insolvency Recovery - Missing Portion of Equitas/London Market Settlement

Problem:

If your company has settled with Lloyd’s of London and London Market insurers ("London Market") within the past 10 years, you probably left unclaimed settlement money on the table.

Solution:

The good news is the unclaimed settlement money is still available. If you have settled or are receiving payments from Equitas, the leading London Market runoff negotiator based on your London Market insurance policies, it is likely the amount received was at least 20 percent less than the settlement amount agreed upon with Equitas. Your settlement amount was reduced by the insolvent and non-participating insurers’ percentage share of your London Market policies.

Resolution Associates in conjunction with the leading insolvency consulting group based in the United Kingdom can maximize your Company’s recovery of the insolvent and non-participating portion of your London Market settlement. Our UK professionals are on the cutting edge of providing up-to-date insolvency advisory and collection services.

The insolvent insurers of the London Market operate separately under court-approved UK Schemes of Arrangements. Under the Schemes, the insolvent insurers generally agree to pay dividends, which could eventually be as high as 90% or more of the amount owed to your company. Several Schemes have already declared dividends in the range of 33 to 80%. Dividends are paid incrementally over several years, with the largest portion paid in the first year. The insolvent insurers in many instances follow the terms of the settlement negotiated between your company and Equitas, and pay the amount allocated under the Equitas settlement.

We can help you avoid costly delays and frustration in dealing with multiple London Market insurers to recover the maximum amount available to your company. Best of all our compensation is based upon the amount we recover.