Practices
- Alternative Dispute Resolution Services
- Business Restructuring, Bankruptcy & Commercial Law
- Business Transactions & Corporate Counseling
- Construction Contracting & Disputes
- Cybersecurity & Data Privacy
- Environmental
- Clean Air Act
- Commercial Transactions and Property Acquisition
- Compliance Counseling and Risk Management
- Environmental Litigation
- Green Technology
- Health and Safety
- International Environmental Law
- Shale Gas
- Site Remediation and Brownfield Development
- Solid and Hazardous Waste
- Underground Storage Tank Regulation
- Water Law
- Family Law
- Health Care
- Insurance Recovery
- Labor & Employment
- Litigation
- Litigation & Information Management
- Real Estate
- Tax - Business & Corporate
- Trademark, Copyright and Trade Secrets
- Trusts & Estates
Insurance Recovery
Insurance coverage issues, particularly those arising in complex commercial claims, are among the most challenging in the law. Brouse has been at the forefront of these legal developments for more than 30 years. The firm’s insurance coverage clients include both U.S. and foreign businesses in many industries and of all sizes, from closely held corporations to Fortune 100 Companies. For these clients, we have obtained recoveries ranging from hundreds of thousands to the hundreds of millions of dollars. Our lawyers also have taken the lead in critical amicus efforts in both federal and state courts to develop and protect the law for the benefit of policyholders. The firm is ranked in Band 1 by Chambers USA (2020-2023) for Insurance: Policyholder in Ohio, and a Chambers' source notes that our "...attorneys' services reflect their preparation, expertise, experience and client-focused approach." another source notes that "[t]he team is very knowledgeable about a range of insurance issues" - (Chambers USA 2021). Further, a client notes "[t]he attorneys have all been incredibly adept and capable of handling complex issues and breaking down those issues for us in an understandable way."- (Chambers USA 2023).
Brouse lawyers also are versatile. They are experienced at working with clients to devise claim and litigation approaches appropriate for claims of all types, ranging from modest disputes, including those with potentially broad precedential implications, to bet-the-company cases. The firm has experience with the following types of claims, among others:
- Commercial General Liability, Umbrella, and Professional Liability Claims
- Environmental claims (legacy contamination, PLL and CPL, hydraulic fracturing)
- Products Liability claims (asbestos, lead paint, silica)
- Mold claims
- Intellectual property claims
- Directors and officers liability and securities claims
- Crime coverage claims
- Cyber coverage claims
- Construction defect claims
- Builder’s risk claims
- Property claims for losses from fire, hurricane, and other catastrophic events
- Employment practices liability claims
- Aircraft claims
- Ocean cargo, maritime, and stock-throughput claims
- Public Entity, Law Enforcement Liability, Educators Legal Liability claims
In many instances, the firm has been able to assist clients in obtaining insurance recoveries without resorting to litigation. When necessary, Brouse has litigated coverage cases to conclusion, including litigating such cases through the highest appellate levels. In short, we can assist clients in interpreting and evaluating insurance policy provisions, formulating sound coverage positions, and implementing effective coverage litigation strategies. The breadth and depth of our experience in this area, and our long record of success, place us among the leading policyholder coverage firms in the country.
- Overview
Insurance Recovery
Insurance coverage issues, particularly those arising in complex commercial claims, are among the most challenging in the law. Brouse has been at the forefront of these legal developments for more than 30 years. The firm’s insurance coverage clients include both U.S. and foreign businesses in many industries and of all sizes, from closely held corporations to Fortune 100 Companies. For these clients, we have obtained recoveries ranging from hundreds of thousands to the hundreds of millions of dollars. Our lawyers also have taken the lead in critical amicus efforts in both federal and state courts to develop and protect the law for the benefit of policyholders. The firm is ranked in Band 1 by Chambers USA (2020-2023) for Insurance: Policyholder in Ohio, and a Chambers' source notes that our "...attorneys' services reflect their preparation, expertise, experience and client-focused approach." another source notes that "[t]he team is very knowledgeable about a range of insurance issues" - (Chambers USA 2021). Further, a client notes "[t]he attorneys have all been incredibly adept and capable of handling complex issues and breaking down those issues for us in an understandable way."- (Chambers USA 2023).
Brouse lawyers also are versatile. They are experienced at working with clients to devise claim and litigation approaches appropriate for claims of all types, ranging from modest disputes, including those with potentially broad precedential implications, to bet-the-company cases. The firm has experience with the following types of claims, among others:
- Commercial General Liability, Umbrella, and Professional Liability Claims
- Environmental claims (legacy contamination, PLL and CPL, hydraulic fracturing)
- Products Liability claims (asbestos, lead paint, silica)
- Mold claims
- Intellectual property claims
- Directors and officers liability and securities claims
- Crime coverage claims
- Cyber coverage claims
- Construction defect claims
- Builder’s risk claims
- Property claims for losses from fire, hurricane, and other catastrophic events
- Employment practices liability claims
- Aircraft claims
- Ocean cargo, maritime, and stock-throughput claims
- Public Entity, Law Enforcement Liability, Educators Legal Liability claims
In many instances, the firm has been able to assist clients in obtaining insurance recoveries without resorting to litigation. When necessary, Brouse has litigated coverage cases to conclusion, including litigating such cases through the highest appellate levels. In short, we can assist clients in interpreting and evaluating insurance policy provisions, formulating sound coverage positions, and implementing effective coverage litigation strategies. The breadth and depth of our experience in this area, and our long record of success, place us among the leading policyholder coverage firms in the country.
- Attorneys
- News
December 29, 202315 Brouse Attorneys Named 2024 Ohio Super Lawyers and Rising Stars
November 02, 2023Brouse McDowell Recognized in Best Lawyers "Best Law Firms" in 23 Metropolitan Practice Area Rankings
August 17, 2023The Best Lawyers in America 2024 Recognizes 24 Brouse Attorneys in 28 Practice Areas and 3 Attorneys as "Ones to Watch"
June 16, 2023Paul Rose Provides Commentary to Law360's Insurance Authority
June 01, 2023Chambers USA 2023 Ranks Brouse McDowell's Insurance and Healthcare Practices and 5 Attorneys as Leading Practitioners
May 11, 2023Brouse McDowell Names Several New Practice Chairs
March 03, 2023Amanda Leffler Presents at the American Bar Association's 2023 Insurance Coverage Litigation Committee CLE Seminar
January 03, 2023Brouse McDowell Welcomes William A. Peseski
December 29, 202224 Brouse Attorneys Named 2023 Ohio Super Lawyers and Rising Stars
December 21, 2022Brouse McDowell Welcomes Marissa Atterholt and Michael Class
November 03, 2022Brouse McDowell Recognized by U.S. News & World Report's "Best Law Firms" 2023 in 29 Metropolitan Practice Area Rankings
October 20, 2022Brouse McDowell Hosts 10th Annual Insurance Coverage Conference
August 18, 2022The Best Lawyers in America 2023 Recognizes 27 Brouse Attorneys in 32 Practice Areas and 5 Attorneys as "Ones to Watch"
July 25, 2022Amanda Leffler Elected as New Chair of Leadership Akron
July 22, 2022Brouse McDowell Welcomes Associate Tyler B. Schlimme
July 07, 2022Brouse McDowell Noted in Law360 for Helping Secure $2M Settlement for Policyholder
July 07, 2022Amanda Leffler Provides Comments to Business Insurance on Win for Policyholder
June 30, 2022Stacy Berliner Named Chair of CMBA's Insurance Law Section
June 14, 2022Joseph Cole Elected as Secretary of Toledo Bar Association
June 01, 2022Chambers USA 2022 Ranks Insurance and Healthcare Practices and 9 Attorneys as Leading Practitioners
May 24, 2022Brouse McDowell Welcomes New Associate, Marcus Pryor II
April 14, 2022Partner Paul Rose Speaks to Law360 on Recent Opioid Ruling
March 29, 2022Stacy Berliner Comments on Recent Ohio Supreme Court's Decision Finding Faulty Product Parts Are Covered
March 02, 2022Brouse Attorneys Attend and Present at the American Bar Association's 2022 Insurance Coverage Litigation Committee CLE Seminar
February 09, 2022Joseph Cole Provides Insight for Law360 on an Upcoming Ohio Supreme Court Decision involving COVID-19 Insurance Coverage
December 30, 202130 Brouse Attorneys Named 2022 Ohio Super Lawyers and Rising Stars
November 04, 2021Brouse McDowell Recognized by U.S. News & World Report's "Best Law Firms" 2022 in 26 Metropolitan Practice Area Rankings
October 27, 2021Brouse McDowell Hosts 9th Annual Insurance Coverage Conference
June 16, 2021Partners Brandi Doniere and Amanda Leffler Will Speak at Strafford Publication's Virtual CLE Event
May 20, 2021Chambers USA 2021 Ranks Insurance Practice in Band 1 and Recognizes 5 Attorneys
March 28, 2021Brouse Noted in WestLaw for Zoom Jury Trial Resulting in a Successful Verdict for Client
March 18, 2021Paul Rose Comments in Law360 Regarding Policyholder Defense in Opioid Case
March 10, 2021Andrew Miller Presents at OSBA Program on National Developments in Insurance Coverage
March 09, 2021Stacy Berliner and Amanda Leffler Present on Insurance and Indemnity Provisions for the Northeast Ohio Chapter of RIMS
February 26, 2021Stacy Berliner and Wesley Lambert Represent United Policyholders in Amicus Brief Supporting Policyholder
January 20, 2021Brouse McDowell Names Stacy Berliner as Co-Chair of Insurance Recovery Practice
December 14, 2020Jim Dixon Presents at the NBI Webinar "Drafting and Negotiating Complex Indemnity Provisions"
December 09, 202022 Brouse Attorneys Named 2021 Ohio Super Lawyers and Rising Stars
November 05, 2020Brouse McDowell Receives 29 Practice Area Rankings in US News - Best Lawyers "Best Law Firms" 2021
September 22, 2020Stacy RC Berliner and Andrew Miller Debate Business Interruptions Claims at the CMBA Insurance Law Seminar
August 20, 2020The Best Lawyers in America 2021 Recognizes 28 Brouse Attorneys in 33 Practice Areas and 4 Attorneys as "Ones to Watch"
May 04, 2020Amanda Leffler Comments on Class Actions Involving Pandemic Coverage in Bloomberg Law
April 23, 2020Chambers USA 2020 Ranks Insurance Practice in Band 1 and Recognizes 4 Attorneys
March 24, 2020Brouse McDowell Client Risk International Featured in Vanguard Magazine
March 06, 2020Brandi Doniere and Andrew Miller Present on Insurance Coverage for #MeToo Claims
February 11, 2020Stacy RC Berliner Presents on Social Engineering at NEO RIMS Meeting
January 24, 2020Brouse McDowell Announces Election of Two New Executive Committee Members
January 02, 2020Brouse McDowell Names New Partners & Appoints New Practice Chairs
December 09, 201927 Brouse McDowell Attorneys named 2020 Ohio Super Lawyers and Rising Stars
November 11, 2019Partner Jodi Spencer Johnson Speaks on Potential Insurance for Sexual Abuse Claims at ABA Conference
November 01, 2019Brouse McDowell Earns 24 Practice Group Rankings by U.S. News -- Best Lawyers "Best Law Firms"
October 10, 2019Brouse McDowell Hosts 7th Annual Insurance Coverage Conference
September 09, 2019Four Brouse McDowell Attorneys Recognized in Who's Who in Toledo Area Law for 2019
August 15, 2019Twenty-eight Brouse McDowell Attorneys Recognized in 33 Practice Areas to The Best Lawyers in America 2020
July 02, 2019Five Must-Haves for Avoiding Risky Disasters -- Insurance Procurement Clauses
May 09, 2019Brouse McDowell Partner Amanda Leffler Speaks at PILC Spring Meeting in Austin, TX
March 28, 2019Brouse McDowell Partners Amanda Leffler and Andrew Miller Speak at Beyond Insurance's "The Exchange"
March 06, 2019Brouse McDowell's Amanda Leffler and P. Wesley Lambert Speak at the Ohio Home Builders Association Spring Meeting
March 01, 2019Brouse McDowell Partner Andrew Miller Speaks at the American Bar Association's 2019 Insurance Coverage Litigation CLE Seminar
February 27, 2019Brouse McDowell is Proud to Sponsor the ABA's Litigation Insurance Coverage Committee Seminar in Tucson
January 02, 2019Brouse McDowell Names New Partner and Practice Chair Appointments
November 02, 2018Brouse McDowell Secures 19 Practice Area Rankings in "Best Law Firms" 2019
October 16, 2018Stacy RC Berliner, Lucas Blower and Andrew Miller Speak at OSBA's Insurance Law CLE Program
October 11, 2018Brouse McDowell Hosts 6th Annual Insurance Coverage Conference
September 01, 2018Four Brouse McDowell Attorneys Recognized in Who's Who in Toledo Area Law
August 15, 201825 Brouse McDowell Attorneys Recognized in 19 Practice Areas to The Best Lawyers in America 2019
- Seminars & Events
October 12, 2023Brouse McDowell Hosts 11th Annual Insurance Coverage Conference
February 28, 2023Webinar: Navigating Crowded Waters - Litigation and Settlement Strategy in Multi-Party and Multi-Insurer Cases
December 02, 2020Stacy RC Berliner and Amanda Leffler Present on Insurance and Indemnity Provisions for a Lexology Webinar
November 12, 2020Stacy RC Berliner, Wesley Lambert, and Elizabeth Schultz Yeargin Participate in CREW's 2020 Real Estate Forum
September 09, 2020Webinar: Amanda Leffler, Jodi Spencer Johnson, and Stacy RC Berliner Participate in the Akron Bar Association's Insurance Coverage Law CLE Series
April 17, 2020Webinar: Brouse Hosts "Tips and Practical Advice on COVID-19 Insurance Coverage"
August 08, 2019There's Been a Breach! An Interactive Incident Response Simulation
May 09, 2017Construction Insurance - Problems Created by Additional Insured Provisions
December 13, 2016Significant and Recent Ohio Cases Every Property and Casualty Professional Should Know
October 13, 2016Brouse McDowell 2016 Annual Insurance Coverage Conference
- Client Advisories
December 12, 2022Ohio Supreme Court Issues Decision Impacting Business Interruption Coverage for Covid-19 Losses
April 28, 2020Video Alert: Policyholders Can Find Support for COVID-19 Business Interruption Claims in Unexpected Places
April 24, 2020Client Alert: "Necessity is the Mother of Invention" - Checklist of Issues to Consider Before Reopening After COVID-19
April 20, 2020Insurance Alert: Policyholders Find COVID-19 Property Coverage Ally in Pennsylvania Supreme Court
March 31, 2020Insurance Alert: Should I Submit a Business Interruption Claim for COVID-19 Income Loss?
March 26, 2020Insurance Alert: Ohio Legislature Introduces Bill Regarding COVID-19 Business Interruption Losses
March 20, 2020Insurance Alert: Analyzing Business Interruption Insurance Claims
January 30, 2019Insurance Alert: Supreme Court of Texas Refuses to Limit Indemnification for Defense Costs
August 31, 2017Hurricane Harvey: File Property Damage Claims Before September 1st
April 06, 2016Construction & Coverage Law Seasonal Newsletter
July 09, 2015Brouse McDowell Business Minutes - Giving Notice to Insurance Carriers
- Articles
January 18, 20243 Significant Ohio Insurance Updates From 2023
February 15, 2023Insurance Implications of Data Breaches Reach Commercial General Liability Policies
January 15, 2023Insurance Coverage for COVID-19 Related Losses Under Commercial Property Policies
February 07, 2022Managing Supply-Chain Risks Through Insurance
September 02, 2019Cyber confusion: What to look for in a cybersecurity insurance policy
May 31, 2019General Contractors' Insurance Protections for a Subcontractor's Defective Work
February 25, 2019Insurance Coverage for Regulatory Penalties Resulting from a Data Breach
February 08, 2019For Texas Insurers, Liability Is Separate From Defense Costs
January 31, 2019Ohio Raises Cybersecurity Standards For Insurance Industry
June 27, 2017Coverage for Construction Defect Claims May Hinge on a Clearly Defined Scope of Work
- Blogs
RE&C Blog
May 23, 2023Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
Insurance Blog
May 23, 2023Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
Business Blog
May 10, 2023Business Blog: Four Steps to Stay Competitive in M&A Transactions: Insurance Due Diligence
May 5, 2022Coverage Counselor: Russia's Invasion of Ukraine: Its Impact on the Insurance Industry
Corporate T.I.P.S. Blog
September 2, 2021Corporate TIPS & Coverage Counselor: Recent Cyberattacks Complicate Cyber Insurance Industry and Coverage
May 6, 2021Insurance Blog: Reimburse Your Insurer? Look to the Recent Decision by the Nevada Supreme Court
January 28, 2021Insurance Blog: COVID Coverage Cases Turn On Policy Language
April 23, 2020Insurance Blog: Ohio Supreme Court Answers What "Those Sums" Means in an "All Sums" World
April 8, 2020Insurance Blog: COVID-19 Update - Recent Business Interruption Cases Filed Across the Country
March 23, 2020Insurance Blog: Recent Sixth Circuit Decision Leads to a Victory for Homeowners Insurance Policyholders
March 18, 2020Insurance Blog: Helping Your Business Survive Coronavirus: Civil Authority Coverage
March 12, 2020Insurance Blog: Insurance Coverage for Government Investigations
February 21, 2020Corporate TIPS: Ransomware Attack - Is Losing Data Considered a Physical Loss Under Your Insurance Policy?
February 20, 2020Insurance Blog: I Can't Get Product, I'm Losing Money, Is There Coverage for the Coronavirus?
January 2, 2020Insurance Blog: Sixth Circuit Affirms Federal Declaratory Relief In Insurer's Favor Despite Pending State Law Claim
November 25, 2019Insurance Guest Blog: Business Interruption - Five Pitfalls That Can Foul-Up Your Claim
October 22, 2019Insurance Blog: Washington Supreme Court Breathes New Life in Standard of Proof for Additional Insured Coverage
June 25, 2019Insurance Blog: Three Things Policyholders Should Know About Insurance Coverage for Settlements
June 11, 2019Insurance Blog: Five Must-Haves for Avoiding Risky Disasters -- Insurance Procurement Clauses
May 28, 2019Insurance Blog: Insurance Cases to Watch in 2019: Update
May 14, 2019Insurance Blog: Sixth Circuit Holds that Multiple Sexual Assaults Constitute a Single Occurrence
March 5, 2019Insurance Blog: Nevada Supreme Court Finds that Insurance Company's Liability can Exceed the Policy Limit
February 19, 2019Insurance Blog: Ohio Court Adopts Integrated System Approach to Deny Coverage for Non-Conforming Integrated Products
February 5, 2019Insurance Blog: Texas Federal Court Analyzes What Triggers the Breach of Contract Exclusion
January 17, 2019Insurance Blog: New Cybersecurity Standards for the Insurance Industry under Ohio Law
January 7, 2019Insurance Blog: Wisconsin Follows "Cause Theory" in Determining Number of Occurrences
December 5, 2018Insurance Blog: New York Court Holds That Nine Months is Too Late
November 20, 2018Insurance Blog: Policyholders May Recover Extra-Contractual Damages in Texas Without an Independent Injury
September 25, 2018Insurance Blog: Florida's Take on New Anti-Assignment Provision
September 5, 2018Insurance Blog: Home is Where the Parent is
August 16, 2018Insurance Blog: California Court Holds That an "Accidental" Injury Can be an Occurrence Under an Employer's CGL Policy
August 9, 2018Insurance Blog: Ohio Affirms Preeminence of State Insurance Law
July 23, 2018Blog: Positive Momentum Continues for Policyholders Victimized by Social Engineering Fraud
July 19, 2018Blog: The Other Bad Faith
June 28, 2018Blog: NY Court of Appeals Interpretation of "Additional Insured-By Written Contract" Provisions
June 7, 2018Blog: Business Dispute Allegations do not Trigger EPL Coverage
April 17, 2018Additional Insured Coverage When Your Subcontractor's Employee Is Injured
March 1, 2018Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
January 29, 2018Wider Window: Federal District Court Holds that Defense Obligation has a Broader Trigger Period than Indemnity Obligation
October 17, 2017Sixth Circuit Holds that Number of "Occurrences" is Based on Number of "Causes"
September 22, 2017Insurance Coverage for Construction Defect Claims
September 13, 2017Cybercrime Coverage: Similar Facts, Different Results in Two Recent Decisions
August 22, 2017Washington Supreme Court Decision is a Boon for Policyholders
July 26, 2017Massachusetts High Court Hold No Coverage for Counterclaim
May 22, 2017How to Protect Your Food
May 9, 2017Covering the Costs of Community Service
April 10, 2017Policyholders Bat .500 In Two Recent Decisions Addressing Insurance Coverage For Cyber Crime Losses
March 28, 2017Insights into the Ohio Supreme Court's Views on Insurance Coverage
February 16, 2017A Determination of Number of Occurrences Often Dramatically Affects the Amount of Available Insurance Coverage
February 9, 2017Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
October 21, 2016Lloyd's Leads the Way? How a Coverage Dispute in New York Could Have Far-Reaching Impacts on the Energy Industry
August 31, 2016Are You Afraid of the Dark? After a Power Outage, What Exclusions Might You Find Lurking In Your Policy?
April 21, 2016Ohio Court of Appeals Finds Limitation on Bad Faith Discovery
March 25, 2015The left hand takes away: Exclusions to watch for in your Cyber-Risk Policies
March 18, 2015Forum Non Conveniens: Another Arrow in the Forum-Battle Quiver
March 6, 2015When is a Worker an "Employee?"
January 27, 2015By Racing to the Courthouse, Insurers may be Breaching the Duty of Good Faith Owed to Policyholders
January 5, 2015Is Defective Construction Covered by Your Insurance Policy?
March 14, 2014Appellate Court Reaffirms a Policyholder's Duty to Ensure Adequate Coverage
- Podcast
April 21, 2020Podcast: Insurance Coverage Insights - Insurance Coverage for COVID-19 Related Losses
November 20, 2019Podcast: Insurance Coverage Insights - Changes in Medical Evidence
August 08, 2019Podcast: Insurance Coverage Insights - The Changing Look of Plaintiffs in Asbestos Related Claims
June 28, 2019Podcast: Insurance Coverage Insights - The Changing Look of Defendants in Asbestos-Related Claims
May 02, 2019Podcast: Insurance Coverage Insights - The Next Asbestos - 2018 Claim Trends & Data
September 04, 2018Podcast: The Claim Process in a Construction Insurance Claim
August 28, 2018Podcast: Professional Liability - Not Just for the Architect and Engineer
August 21, 2018Podcast: Cyber Exposure and Coverage Options
August 14, 2018Podcast: Environmental Exposure and Coverage Options
August 07, 2018Podcast: OCIP / CCIP Coverage
July 31, 2018Podcast: Additional Insured Coverage
July 24, 2018Podcast: Indemnity Principles
July 17, 2018Podcast: Construction Contract Insurance Provisions
July 10, 2018Podcast: Coverage for Construction Defects