The Legal 500

Simpson Thacher & Bartlett LLP has a broad-based insurance practice acknowledged by peers as being ‘pre-eminent’ and ‘first rate’. The team, led by Barry Ostrager (‘one of the best lawyers in the country’), represents insurers in complex coverage and reinsurance matters. Signficant matters in 2010 included successfully representing United States Fidelity and Guaranty, and St Paul Fire and Marine Insurance (collectively USF&G) in a matter arising from a substantial settlement in relation to asbestos-related bodily injuries, with American Re (now Munich Reinsurance) and other insurers (part of the Excess Casualty Reinsurance Association (ECRA)) having raised defenses against any payment towards the settlement. The firm also represented Travelers Casualty in opposing Skinner Engine’s reorganization plans (under Chapter 11 of the Bankruptcy Code); the proposed plans would have resulted in payment of underlying asbestos-related claims against Skinner and precluded Travelers from contesting a claimant’s demand for compensation, and the firm successfully protected Travelers by persuading the Bankruptcy Court to convert the Chapter 11 case to one under Chapter 7. New engagements for the firm include representing Swiss Re in defending its contractual rights under a facultative certificate, and AXA-Equitable in connection with reinsurance arbitration against a Bermuda reinsurer. In terms of individuals, New York-based Mary Kay Vyskocil is ‘among the best’, while other ‘standouts’ include Andrew Amer and Lynn Neuner.

Chaffetz Lindsey LLP is a boutique firm that provides clients with ‘sophisticated’ expertise, with reinsurance a main focus. Launched in 2009, the firm continues to receive instructions from major names in the industry seeking its expertise in reinsurance, litigation and international arbitration. Recognized name Peter Chaffetz heads the insurance and reinsurance practice with Charles Scibetta and Cecilia Moss also playing pivotal roles; all are formerly of Clifford Chance. Key elements of the practice include asbestos-related matters, commutation, financial insurance and finite risk reinsurance. Moss is currently advising on cases involving the reinsurance of insurance-wrapped RMBS and variable-demand obligations, while Chaffetz led a team in the successful defense of a foreign life insurer in a putative securities class action emanating from losses in client funds involving indirect investment in Bernard L Madoff Investment Securities. The firm also represented the solvent UK subsidiary of a financial guarantee insurer in insolvency proceedings commenced against its US parent, and ultimately in the commutation of a 90% quota share reinsurance contract. Other clients include Republic Mortgage Insurance and Kingate Management.

Choate, Hall & Stewart’s insurance practice has grown from its direct coverage work and is now well recognized in the reinsurance space. The firm represents carriers, reinsurers and cedents as well as insurance brokers, and is regularly sought out for ‘matters of the highest complexity and significance’. Co-chair of the insurance and reinsurance group David Attisani is singled out as an ‘extremely effective reinsurance dispute lawyer’, ‘skilful’ and able to ‘provide a responsive service and imaginative advice’. In addition, senior partners are ‘supported by a first-rate team’. Active clients include AIG (now known as Chartis), AXA, Liberty Mutual, Travelers and Swiss Re. Key matters included representation of a major US ceding company in securities-related litigation; a retrocessionaire in international reinsurance arbitration arising out of hurricane losses; and also a US insurer in connection with insolvency proceedings. John Nadas is recommended for his ‘out of the box thinking’, and recently led a team in successfully representing CIGNA in False Claims Act litigation.

Dewey & LeBoeuf LLP, with nine offices across the US, has built an ‘outstanding’ reputation for its insurance and reinsurance work, with its dispute resolution practice bolstered by the firm’s regulatory and transactional expertise. Head of the insurance and reinsurance disputes practice John Nonna receives praise as a ‘very senior, trustworthy and competent advisor’ who ‘knows which strings to pull and in what way’. Eridania Perez impresses as an ‘excellent lawyer with an absolute client focus’, providing ‘accurate work even when under high pressure’. The firm is acting for MBIA in its defense at federal court level of a putative class action (over $1bn) seeking to set aside a transaction whereby MBIA transferred certain insurance business to a subsidiary. It is also representing the primary fidelity bond insurer and an excess bond insurer (certain underwriters at Lloyd’s) in connection with a coverage dispute arising out of underlying ‘Bernard Madoff’ investor actions brought against the insureds. Although involved in high-end coverage matters, the firm stands out as a ‘top choice’ for reinsurance litigation. It represented a major reinsurance company in its defense against allegations of fraud raised in connection with an inter-governmental investigation. Active clients include Ambac, AXA Financial, Berkshire Hathway Reinsurance Division, Chartis, General Reinsurance, Partner Re and Munich Reinsurance. Larry Schiffer is recommended.

With its flagship office in New York, O’Melveny & Myers LLP has a 25-partner insurance and reinsurance practice which provides ‘a level of service that is truly superb’, and ‘from a geographical viewpoint has no limitations’, with other offices in Los Angeles and San Francisco. Head of the insurance and reinsurance practice Paul Koepff is singled out by peers for his coverage work, and co-led the firm in its representation of ACE, obtaining a reversal of a $51m judgment made against it in favor of Hewlett-Packard (HP); in May 2010, the US Court of Appeals for the Ninth Circuit rejected the lower court’s ruling that ACE had a duty to defend HP in connection with antitrust and unfair competition counterclaims brought against it, the decision coming after nearly ten years of litigation. Key figures in the team include Michael Yoder, who is able to ‘provide solid advice and outstanding direction’, and Richard Goetz, who is singled out for his reinsurance expertise.

The product of the merger of Sonnenschein Nath & Rosenthal LLP and Denton Wilde Sapte LLP, SNR Denton holds a firm presence in the insurance market, with over 60 partners focused on insurance dispute resolution. The firm’s two largest litigation groups are based in the Chicago and New York offices, with an outpost in San Francisco giving the firm a West Coast reach. Robert Johnson and Donna Vobornik win plaudits as ‘phenomenal insurance coverage and class action litigators’ who can ‘appear in any court in the country’. Coverage disputes handled by the team include environmental, property and casualty (P&C), workers’ compensation, directors and officers (D&O), and financial, and it is noted for its experience in major class actions. Head of the firm’s litigation and disputes practice Michael Barr is leading the team in representing insurers in litigation that will ultimately determine which financial institution will bear the huge losses resultant from the alleged fraud (via a Ponzi scheme) of Commercial Money Center. Co-chair of the international insurance litigation and coverage practice group Ronald Kent is the lead trial lawyer in a significant enforcement action brought by the California Department of Insurance, in PacifiCare Life and Health Ins, in which the Department is seeking up to $9.9bn in fines for Californian regulatory and statutory breaches. Clients of the firm include Travelers, Allstate, United Healthcare Group, ACE USA and Genworth Financial. Reid Ashinoff is recommended.

In 2010 Sidley Austin LLP saw Susan Stone appointed as co-chair of the firm’s global insurance and financial service practice following the retirement of James Stinson. Historically a predominantly reinsurance focused practice, the firm is growing its direct coverage matters. It is currently representing several Safeco companies (which insured the Society of Jesus, Oregon Province (SJOP)) in defending SJOP’s contention that the insurers owe a duty to defend and indemnify it for sexual abuse claims dating back to the 1960s, 1970s and 1980s. The firm is also acting for Continental Insurance and Columbia Casualty (both part of CNA) in an allocation-related matter, in a challenge to a ‘multiple waste sites as a single occurrence’ presentation by the cedent. In another highlight, the team saw a favorable appellate court ruling for client MONY Life Insurance. Chicago-based William Sneed is recommended.

Steptoe & Johnson LLP’s insurance and reinsurance practice, with over 25 partners, is regularly retained on ‘large, complex and very significant claims and lawsuits’. In January 2010, the team was joined by Matthew Gaul, who brings almost seven years of industry experience from his position in the New York State Government service. Practice head Antonia Ianniello is ‘a first-rate lawyer’ who ‘has produced outstanding results on the most difficult cases’, and peers in the reinsurance arena recommend Roger Warin. AIG (now Chartis), Zurich, Swiss Re and Liberty Mutual are among the firm’s key clients. The team is acting as lead defense counsel to several Travelers-related insurance companies in three West Virginia state court lawsuits filed by Massey Energy, with Massey seeking coverage arising from hundreds of underlying claims alleging water contamination from the company’s coal mining operations.

Cozen O’Connor is a ‘strong’ firm noted for its ‘solid insurance coverage work’. The firm’s insurance group, with more that 120 coverage lawyers throughout the US, handles an array of coverage matters including comprehensive general liability (CGL), professional liability, environmental risk, product liability, intellectual property, employment practices, D&O, securities and antitrust matters, and also offers transactional and regulatory capabilities. Prominent clients include Chubb, ACE, Fireman’s Fund and OneBeacon. The firm is advising insurance carriers in connection with subrogation claims filed against Toyota for its alleged failure to make the insurers aware of vehicle defects that led to accidents, seeking damages for reimbursement of monies paid to claimants in underlying actions against Toyota; Howard Maycon, David Denton and Edward Ordonex are leading the matter. Stephen Cozen and chair of the global insurance group William Patrick Shelley are standout figures, and the recent hire of Mark Rabinowitz adds strength to the team.

Duane Morris LLP has over 90 lawyers practicing in its insurance and reinsurance industry group, working out of offices throughout the US including Los Angeles, New York, Philadelphia, Pittsburgh, Chicago, Miami, Washington DC and San Diego. 2010 saw the group strengthened with the addition of Richard Hoffman (formerly of Nixon Peabody LLP) in the San Francisco office, and William Barwick in the Atlanta office. Name to note Philip Matthews focuses on complex litigation and is recognized by peers for his coverage work. Matthews has been involved in the Texaco environmental coverage litigation and has also been heavily involved in asbestos-related bankruptcy matters. The group has capabilities in areas including property, casualty, life, professional liability and financial institution insurance. The firm also represents insurers in connection with run-off companies.

Hogan Lovells US LLP’s merger resulted in some critical losses from the former Lovells insurance practice, including Joe McCullough and Neal Moglin, who moved to Freeborn & Peters and Foley & Lardner LLP respectively, but peers and clients alike recognise the firm as an important player in the insurance space. Led by Christopher Handman and David Newmann, the group successfully represented Federal Insurance in litigation against the insured, Crowley Maritime, arising from Crowley’s ‘stipulation of settlement’ with plaintiffs in underlying securities litigation, only requesting Federal’s consent at a later date. The firm also represented Chubb and certain affiliates in multi-district antitrust-related insurance litigation. The team is increasingly active in health insurance matters, leveraging the firm’s significant health care practice. Other representative clients include AXA, Allianz, CNA, Munich Re and Prudential.

Locke Lord Bissell & Liddell LLP has a comprehensive insurance practice including corporate insurance, direct insurance and reinsurance. The firm’s direct practice ranges from aerospace, asbestos, D&O and construction claims to energy, environmental and pollution, ERISA and professional liability matters. It also represents state insurance departments, investors and hedge funds, through the financial guaranty insurers subdivision of the group. Atlanta-based Brian Casey and Chicago-based Jon Biasetti co-chair the corporate insurance practice group, while key individuals on the reinsurance side include Nick DiGiovanni (who heads the reinsurance and direct insurance groups) and Steven Schwartz. In December 2010 Rachel Coan joined the New York office, in the national insurance and capital markets group.

In the domestic market, Mayer Brown’s insurance industry group undertakes the full range of reinsurance work, while direct coverage matters are handled specifically by the appellate team and in the firm’s international work. Peers are quick to single out Clifford Schoenberg for his expertise in the reinsurance field, and see the firm as a strong player in this space. Fred Reinke, formerly of Dewey & LeBoeuf LLP, recently joined the group, and has a focus on class action litigation, particularly representing insurance and reinsurance companies. Brian O’Sullivan is co-leading the team in its representation of an officer of a major insurance broker, in a number of class actions brought by investors in connection with the Allen Stanford Ponzi scheme, one of the largest alleged frauds in the US. The firm is also acting for a leading insurance company in litigation pending in federal court against its reinsurer, in relation to amounts allegedly owed under reinsurance and retrocessional agreements.

Troutman Sanders has separate groups covering D&O and professional liability matters, and insurance and reinsurance, and it achieves ‘exceptional results’; a ‘distinguishing factor is the consistency of its work among all the different attorneys’. Chair of the insurance and reinsurance group Rebecca Ross is ‘an exceptional litigator whose “in court” presence and credibility have allowed her to win important cases’; and co-chair of the D&O and professional liability group John (Jack) Gerstein is ‘an aggressive litigator and exceptional trial lawyer’. In 2010 the California team acquired Louise McCabe, formerly of Nixon Peabody LLP. The firm was lead counsel for CNA and a joint defense group in Congoleum Corp v Ace American Insurance Co, relating to Congoleum’s $500m agreement with claimants for asbestos exposure that led to its filing of a pre-packaged bankruptcy. It is also representing CNA in John Crane Inc v Admiral Ins Co, a complex coverage dispute involving nearly 250,000 underlying asbestos claims and spanning nearly six years, currently on appeal to the Illinois Appellate Court. Gary Dixon is recommended for his D&O and professional liability expertise.

Cahill Gordon & Reindel has a strong presence on the East Coast, with offices in Washington DC and New York, but also has national reach having represented clients in a number of state and federal courts. The practice leverages the firm’s strength in antitrust matters, and recently represented Global Reinsurance in its antitrust suit against Equitas, alleging the latter’s violation of New York antitrust laws by conspiring to suppress and delay claims payouts on retrocessional coverage. It is also acting as principal outside counsel to a division of Chartis, Chartis Environmental, in relation to a number of coverage issues arising under environmental cleanup and liability policies. Co-chair of the insurance practice Edward Krugman is recognized by peers for his reinsurance expertise, and Thorn Rosenthal is also highly recommended. Representative clients include Ironshore, Kemper Insurance, Swiss Re, XL, Zurich, Citibank and JPMorgan.

Condon & Forsyth LLP is a well-established boutique aviation defense firm which focuses on advising insurance clients in the aviation sector, and is recognised by peers for its niche expertise. It regularly advises on policy issues in this space, including the interpretation of the contractual liability exclusion, provisions granting insurers the rights to settle third-party litigation over the objection of the insured, and liability extensions covering certain intentional torts. Stephen Stegich and Katherine Posner lead the coverage practice from the New York office, while the Los Angeles practice group is led by Roderick Margo. The firm is representing London underwriters in pending litigation in federal court in connection with alleged conversion claims brought by aircraft financiers named as additional insureds under a bankrupt airline’s aviation hull policy.

With ‘high levels of expertise’ and ‘industry know-how’, Foley & Lardner LLP’s practice was strengthened by the hire of Gail Goering, Eric Haab and Neal Moglin, who has ‘great knowledge in life reinsurance matters’; the three were founding members of Lovells’ reinsurance practice. Brett Ludwig and Tom Hrdlick (‘truly a cut above’) are leading the team in its representation of Clarendon National and Clarendon America in a complex dispute involving $50m in disputed reinsurance recoverables, which has led to a number of arbitrations and related court proceedings. The firm is also representing Century Indemnity (a member of the ACE group) in a reinsurance dispute with Twin City Fire Insurance, seeking enforcement of facultative reinsurance contracts. Gordon Davenport chairs the insurance and reinsurance group, while Kevin Fitzgerald chairs the insurance industry team.

Gibson Dunn’s 27-lawyer insurance practice has particular strength in representing clients in national exposure cases, such as class actions involving multi-district litigation, and it is notable for its experience in the health care sector, reflecting the wider firm’s strength in the area. Led by Los Angeles-based Richard Doren, it successfully obtained the dismissal of a putative class action for client Aetna Life Insurance in Weaver v Aetna Life Ins Co. The firm is also representing Aetna in a putative class action pending in the US District Court for the District of New Jersey, relating to certain Aetna practices in reimbursing out-of-network services. The firm has also been involved in class actions arising from Hurricane Katrina, securing a number of victories for insurers. Gary Justice chairs the practice group.

Seward & Kissel LLP fields a modestly sized insurance practice group which includes recommended figures Bruce Paulsen and Dale Christensen. The group handle insurance and reinsurance litigation, as well as arbitration, in fields including D&O, brokerage disputes, liability insurance and P&C. It is noted in particular for its work in relation to marine and terrorism insurance, and has been active in piracy-related insurance matters following President Obama’s 2010 executive order concerning piracy and Somalia. The group recently represented The Hanover Insurance Company in coverage litigation arising from underlying personal injury claims relating to the use of pharmaceuticals, and property damage claims emanating from the manufacture of products containing environmental pollutants.