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Insurance Litigation and Arbitration

The Insurance Practice represents insurance industry clients in litigation in the United States and abroad. We litigate in many forums – including private arbitration and in federal and state courts – and in various substantive areas, handling such issues as:

Policy and Claim Litigation

  • Coverage for environmental, asbestos and other mass tort liabilities
  • Coverage under professional liability, E&O, D&O, fiduciary claims and other insuring provisions
  • Defense of extra-contractual liability claims, including bad faith and excess limits exposures
  • Disputes relating to termination, non-renewal and corporate claims practices
  • Claims and matters relating to disability insurance, including ERISA litigation
  • Claims and matters relating to life insurance and long term care insurance
  • Premium financing and retrospective rating adjustments
  • Self-funded health and benefit plans
  • Complex coverage issues relating to CGL and first-party property claims
  • Claims related to financial guarantees and complex commercial domestic and international surety bonds
  • Claims and related litigation involving companies in liquidation, rehabilitation, supervision, and, where applicable, conservation proceedings
  • Multifaceted coverage issues related to construction defect litigation, including additional-insured issues

Regulatory Litigation

  • Solvency issues, including matters relating to orders of supervision, rehabilitation and liquidation in the United States and abroad
  • Administrative hearings and litigation relating to sales practices, market conduct and licensing matters
  • Challenges to non-profit health insurers’ surplus levels
  • Challenges to awards of contracts for governmental assistance programs

Reinsurance Litigation

  • Asbestos, environmental and other mass tort liabilities
  • Program and fronting business
  • Surety bonds
  • Workers’ compensation losses
  • Life insurance, including variable annuity life insurance products
  • Disability claims
  • Accidental death and dismemberment claims
  • Accidental contamination and product tampering claims
  • Medical malpractice and nursing home liabilities
  • Substandard insurance programs
  • Stop loss insurance and self-insured employer plans and groups
  • Misfeasance or malfeasance by reinsurance intermediaries and brokers
  • Claims and related litigation involving insolvent or financially troubled insurers or reinsurers

Commercial Litigation

  • Termination of MGA and MGU agreements, joint ventures and other business relationships
  • Misfeasance or malfeasance claims involving insurance agents and brokers
  • Copyright infringement
  • Fraudulent conveyances
  • Breach of contract
  • Nonsubstitute, noncompete and other issues involving departed employees
  • Corporate governance and control
  • Agreements with healthcare providers
  • Disputes related to investments and investment advisory services
  • Statutory immunity for workplace death and injury claims

Criminal Litigation

  • Internal investigations of possible misfeasance or malfeasance by company employees, officers and directors
  • Medicare/Medicaid reimbursement
  • Reinsurance matters, including risk transfer
  • Producer compensation arrangements

Recognition

The group includes attorneys who have been named to the following lists:

Trade Groups & Associations