Representative Matters: Energy Insurance Claims

GAILLE PLLC represents owners, developers, and contractors of energy projects in evaluating, preparing, filing, and managing insurance claims for loss of, or damage to, energy facilities.

Categorization of Claims Costs. The proper categorization of costs into appropriate policy coverage categories is a critical driver of successful claims. GAILLE PLLC works with its clients to tie individual costs to specific claims buckets prior to the claim being submitted.

Early Documentation. Insurance claims are often delayed due to the back-and-forth of document requests. GAILLE PLLC helps to expedite the payment of claims by anticipating which documents will be needed and providing them at the time the claim is filed.

Quicker Payments. When costs are properly categorized within policy buckets and documents adequately support the amounts being claimed, insurance companies are more likely to make partial payments. GAILLE PLLC’s approach to most claims is incremental, seeking to resolve the easiest portions of the claim first.

Pre-Litigation Mediation. When the parties reach an impasse regarding claims, GAILLE PLLC seeks to mediate the unresolved claims. Scott Gaille’s experience as a mediator enables him to better prepare his clients for a successful mediation.


  • Texas. $30 MM settlement with leading onshore policy issuer on damage to a natural gas pipeline (an 80% recovery on a claim initially assessed to be near worthless)
  • New York. $100 MM settlement arising from a collapsed tunnel
  • Gulf of Mexico. $5 MM settlement with offshore WELCAR policy underwriter on a technically challenging offshore natural gas pipeline loss


  • Minnesota. $1 B construction contract for replacement of existing crude oil pipeline
  • California. $4 B nuclear generating station decommissioning project
  • Texas. $600 MM construction contract for 42- and 48-inch natural gas pipeline and associated compressor stations
  • Texas. $300 MM Engineering, Procurement, and Construction Agreement for photovoltaic power project
  • Kansas. Engineering, procurement, and construction agreement for 200 MW wind turbine power project
  • West Virginia. Wind turbine operations and maintenance agreement for 100 MW wind turbine power project
  • United States. Wind turbine design and engineering contract for use in multiple projects 
  • Texas. Master EPC agreement for construction of crude oil tanks, with optionality for different kinds of commercial structures including actual costs with fixed fee that adjusts based on cost and schedule metrics
  • United States. $600 MM lump sum tunnel (using tunnel boring machine) engineering, procurement, and construction agreement
  • Canada. LNG export facility engineering, procurement, and construction agreement
  • Libya. Lump sum engineering, procurement, and construction agreement for oil refinery


  • Texas. Mediated settlement of construction change requests and claims totaling more than $150 MM
  • Canada. Mediated settlement of $30 MM claim for loss of productivity


  • Training Sessions. Created PowerPoint presentations to train business units regarding claims risks and practices