More On

Litigation: 6 ways in-house counsel can aid outside counsel in litigation (Part 2)

#2: Consider and protect available insurance coverage

Insurance is a valuable asset, and when a significant loss or liability presents, corporate counsel can assist in pursuing and maximizing insurance coverage if they have a basic understanding of insurance concepts. This article offers corporate counsel tips on protecting insurance rights and maximizing insurance recovery.

Identify available coverage


When an insurer receives notice, it is obligated to promptly acknowledge receipt of the claim, investigate and resolve it. If the insurer is reserving its rights or denying coverage, it must provide the basis for its position. If the insurer is delinquent in doing so, follow up in writing. An insurer may be unable to provide a final position upon receipt of a claim, but it should explain what additional investigation is required and then undertake it without delay. Corporate counsel should press insurers to move forward with due diligence, review available information and provide a coverage determination as soon as possible so that the policyholder does not, for example, miss early settlement opportunities.

Contributing Author

author image

Sherilyn Pastor

Sherilyn Pastor leads the Insurance Coverage Practice Group at McCarter & English, LLP. She is co-chair of the ABA’s Insurance Coverage Litigation Committee. She has...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.