Insurance & Claims

Gnarus experts are experienced in advising clients in the development, negotiation, and resolution of virtually every type of long-tail insurance claim arising from historic CGL, specialty, and first-party property insurance policies. Gnarus experts and consultants have substantial expert witness credentials and provide a broad array of non-testifying consulting services.

Areas of Focus

Insurance & Claims Services

  • Allocation
  • Gnarus experts provide analysis to clients pursuing or defending insurance coverage claims for environmental, mass tort, and other product liabilities. Our experience includes allocation of past and future claims to insurance policies, incorporating time value of money, alternative trigger & allocation theories, and unique policy details; compilation, verification, and reasonableness analysis of historic remediation costs; statistical analyses of claims databases to determine reliability for use in litigation; projection of future environmental & tort claims and costs using advanced modeling techniques; and the use of established sampling methods in litigation.

  • Archeology
  • Companies facing a variety of claims may be able to seek recovery from their historic insurance policies to help provide defense and indemnity coverage for those claims. These policies can be a very significant contingent asset but as time has passed, policyholders may not know anything about the policies except that they existed. An insurance archaeology project involves a number of steps to research, identify, and locate the policies or evidence of those policies. Our approach begins with the most cost-effective tasks and, subject to the need and ongoing conversations, may proceed to include additional, more involved effort. Sources of information include other policies, accounting and financial records, various archives, and employees. Our efforts can often locate policies or other evidence of coverage to place a policyholder in a stronger position to make use of their insurance asset.
  • Business Interruption
  • Gnarus experts have provided experience working with counsel and their clients to evaluate the business interruption loss, calculate the potential damages, assist with presenting the claim to insurance carriers, and defend the claim through conclusion. We work collaboratively with the parties involved to ensure that the claim process is handled effectively and efficiently.

  • Claims Analysis & Support
  • Whether a company’s historical environmental practices were within the “standard-of-care” at the time they occurred is a critical issue in many types of litigation. Increasingly, attorneys and expert witnesses have found themselves in the role of environmental historians—attempting to divine the view of the environmental world as it existed in the 1960s, the 1950s and earlier. In toxic tort cases, the extent to which negligence can or cannot be demonstrated is paramount, and is often dependent on an analysis of whether negligence occurred given the knowledge, requirements, and general practices of the time. In insurance recovery cases, a key issue is whether a company “expected or intended” to cause environmental harm with its practices. Again, such a determination requires evaluating whether a company operated under the standard-of-care at the time the policy was in place. Gnarus experts have provided litigation consulting support and expert testimony on numerous cases in which a company’s or government entity’s standard-of-care is at issue. Our experts include environmental professionals who have been actively involved in the environmental field since the inception of the U.S. Environmental Protection Agency. Our experts have evaluated the historical practices of companies in virtually every industry and have provided detailed and authoritative assessments of whether these practices were within the standard-of-care. Gnarus’ work in this area is supported by a large in-house library of historical environmental documents, including historical journal articles, laws and regulations, and government reports, which allow Gnarus experts to place a company’s practices in an appropriate historical context. The practice is also supported by research professionals who are skilled in obtaining historical information from a wide variety of public and private libraries and other document repositories.
  • Claims Management System
  • Gnarus experts can assist with claim management including complete claim administration, database design and implementation, quantitative reporting functions, and development of complete strategic claim management framework development.

  • Policy Erosion
  • Presenting claims for insurance coverage – whether at trial or in settlement discussions – often includes issues relating to historical policy erosions. Gnarus experts are experienced at reviewing loss runs and other evidence of policy erosions and determining their accuracy and reliability including the use of established sampling methods to cost-effectively present evidence at trial.

Gnarus experts provide analysis to clients pursuing or defending insurance coverage claims for environmental, mass tort, and other product liabilities. Our experience includes allocation of past and future claims to insurance policies, incorporating time value of money, alternative trigger & allocation theories, and unique policy details; compilation, verification, and reasonableness analysis of historic remediation costs; statistical analyses of claims databases to determine reliability for use in litigation; projection of future environmental & tort claims and costs using advanced modeling techniques; and the use of established sampling methods in litigation.

Companies facing a variety of claims may be able to seek recovery from their historic insurance policies to help provide defense and indemnity coverage for those claims. These policies can be a very significant contingent asset but as time has passed, policyholders may not know anything about the policies except that they existed. An insurance archaeology project involves a number of steps to research, identify, and locate the policies or evidence of those policies. Our approach begins with the most cost-effective tasks and, subject to the need and ongoing conversations, may proceed to include additional, more involved effort. Sources of information include other policies, accounting and financial records, various archives, and employees. Our efforts can often locate policies or other evidence of coverage to place a policyholder in a stronger position to make use of their insurance asset.

Gnarus experts have provided experience working with counsel and their clients to evaluate the business interruption loss, calculate the potential damages, assist with presenting the claim to insurance carriers, and defend the claim through conclusion. We work collaboratively with the parties involved to ensure that the claim process is handled effectively and efficiently.

Whether a company’s historical environmental practices were within the “standard-of-care” at the time they occurred is a critical issue in many types of litigation. Increasingly, attorneys and expert witnesses have found themselves in the role of environmental historians—attempting to divine the view of the environmental world as it existed in the 1960s, the 1950s and earlier. In toxic tort cases, the extent to which negligence can or cannot be demonstrated is paramount, and is often dependent on an analysis of whether negligence occurred given the knowledge, requirements, and general practices of the time. In insurance recovery cases, a key issue is whether a company “expected or intended” to cause environmental harm with its practices. Again, such a determination requires evaluating whether a company operated under the standard-of-care at the time the policy was in place. Gnarus experts have provided litigation consulting support and expert testimony on numerous cases in which a company’s or government entity’s standard-of-care is at issue. Our experts include environmental professionals who have been actively involved in the environmental field since the inception of the U.S. Environmental Protection Agency. Our experts have evaluated the historical practices of companies in virtually every industry and have provided detailed and authoritative assessments of whether these practices were within the standard-of-care. Gnarus’ work in this area is supported by a large in-house library of historical environmental documents, including historical journal articles, laws and regulations, and government reports, which allow Gnarus experts to place a company’s practices in an appropriate historical context. The practice is also supported by research professionals who are skilled in obtaining historical information from a wide variety of public and private libraries and other document repositories.

Gnarus experts can assist with claim management including complete claim administration, database design and implementation, quantitative reporting functions, and development of complete strategic claim management framework development.

Presenting claims for insurance coverage – whether at trial or in settlement discussions – often includes issues relating to historical policy erosions. Gnarus experts are experienced at reviewing loss runs and other evidence of policy erosions and determining their accuracy and reliability including the use of established sampling methods to cost-effectively present evidence at trial.

Our Insurance & Claims Experts