Insurance Litigation

Our attorneys draw on their regulatory experience, business familiarity and litigation expertise to provide highly specialized services. Clients may include brokers, market associations, insurers and reinsurers, policyholders, intermediaries, among others. Disputes may be particularly damaging for insurance companies and lawsuits may be disruptive, so we try to minimize the risks, developing focused case strategy with quick resolution.

Insurance products and regulations expand and adapt to fast-developing technologies and rising concerns related to privacy, intellectual property theft, credit risks, or terrorism, among others. The law adjusts to emerging issues and only up until 1944, insurance litigation was not subject to federal regulation because it was not considered commerce. Later, the McCarran-Ferguson Act (15 U.S.C. § 1011) provided that the laws of the several States should control the insurance business, and that the Sherman Act, the Clayton Act, and the Federal Trade Commission Act were applicable to the insurance litigation business to the extent that it was unregulated by State law.

The Firm’s attorneys have broad experience in handling claims and insurance litigation involving allegations of insurance bad faith, unfair claims handling practices, and violation of related consumer protection statutes. We have successfully represented insurers in insurance litigation arising from such claims and are frequently called upon to provide advice calculated to avoid such claims and litigation in the first place.

In addition to practicing in the substantive areas described above, the Firm’s corporate and regulatory practice provides multi-jurisdictional counsel and advice to a wide range of insurance litigation industry clients in the following specific areas:

  • formation and regulation of insurance companies
  • mergers and acquisitions
  • insurance company insolvency
  • agents and brokers
  • risk retention groups and purchasing groups
  • risk pooling trust and intergovernmental organizations
  • state administrative proceedings

Our clients range from the largest insurance holding companies to the smallest agents and brokers. Some of our attorneys have dual citizenship and direct experience in government and in the insurance industry and serve on industry committees established by state regulators and the National Association of Insurance Commissioners.

The Firm’s reinsurance practice counsels clients on the reinsurance aspects of their business in the following areas:

  • regulatory requirements
  • contract wording (treaty and facultative)
  • disputes (including reinsurance arbitration)
  • financial reinsurance
  • commutations

The Firm’s insurance litigation practice provides a full range of services relating to insurance coverage. This practice group’s services include:

  • coverage analysis (including reserve recommendations)
  • coverage opinions
  • insurance policy wording
  • Bad Faith and Unfair Claims Handling

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