Insurance: advice to insurers in United States

Clyde & Co LLP

The insurance practice at Clyde & Co LLP offers a strong bench of experts and wide geographic coverage, which the firm expanded in May 2021 as it opened three new offices across the southwestern United States. The team represents high-profile international and US insurers and reinsurers in a broad array of high-volume claims and disputes. Chicago-based practice head Eileen King Bower  draws on 30 years of experience in complex insurance coverage disputes, including many long-tail environmental and asbestos coverage matters. Paul Koepff in New York has advised clients most recently on significant matters relating to large multi-district litigations. Eric Hiller departed in January 2021, while in April 2021 Curtis Parvin retired and Margaret Holm departed the firm. That same month Amy Samberg joined the team from Foran Glennon Palandech Ponzi & Rudloff PC, bringing with her expertise as an advisor and a litigator in courts throughout the Southwest.

Practice head(s):

Eileen King Bower

Testimonials

‘Clyde’s global reach and commitment to (re)insurance clients makes it my company’s go-to firm. They have put together such impressive teams in the US and UK, as well as in multiple other jurisdictions. They have the depth to serve as our national coordinating counsel on COVID insurance, while at the same assisting us with our COVID reinsurance presentations. The firm is also very responsive to clients.’

‘Very skilled, knowledgable attorneys with practical approach to issues.’

‘The Clyde insurance coverage practice is top flight in the industry. Exceptional lawyers, counselors and very skilled in the dispute resolution arena.’

‘Leslie Ahari is one of the most sought after and respected attorneys in the financial lines space. With a firm grasp of the changing legal landscape, she always provides practical and thoughtful advice to the most complex cases. She also provides exceptional value and performs tasks in a cost-efficient manner. On the short list of attorneys I trust and use on a regular basis.’

‘Mike Knoerzer is a great strategic thinker and has a vast wealth of experience to call upon in any unique situation. He works on complex insurance and reinsurance cases… Daren McNally is one of the best attorneys with whom I have worked. He does a lot of Bermuda Form work, as well as US litigation. He is our point person for COVID losses and also counseled us on NFL and many other mass torts.’

Dentons

The ‘well-oiled team’ at Dentons represents a portfolio of leading national and international insurers, including several long-term clients. The team is regularly appointed to handle some of the biggest issues currently facing the industry, including acting as national coverage counsel for Covid-19-related claims and as national coordinating counsel with regards to opioid litigation, with Keith Moskowitz in Chicago playing a key role in these matters. The practice’s defence of insurers in class actions targeting pricing, sales, and underwriting practices among others is also of note. Moskowitz leads the team together with Sonia Martin, who is based both in San Francisco and Oakland and focuses on class actions, regulatory litigation and bad faith cases. Trial and appellate lawyer Ronald Kent in Orange County is a key member of the team, which was expanded with new hire Nick Williams from Clifford Chance in April 2021, who contributes experience in insurance transactions.

Practice head(s):

Keith Moskowitz; Sonia Martin

 

Other key lawyers:

Laura Leigh Geist; Shari Klevens; Sandra Hauser; Ronald Kent; Nick Williams

Testimonials

‘Keith Moskowitz and team are experienced, hard-working, intelligent and conscientious. And importantly, they function as a well-oiled team and partner as effectively as I’ve seen with their clients. Truly top notch.’

‘Keith Moskowitz is a first-rate attorney. Smart, talented, hard-working, communicative, diligent, creative and thoughtful. Exceptional lawyer. Keith is incredibly perceptive and possesses terrific interpersonal skills, and it allows him to be an incredibly skilled negotiator. Moreover, Keith’s background as an insurance claims handler serves him well; he fundamentally understands his clients’ needs and he is an outstanding partner. Truly one of the best lawyers I have ever had the pleasure (over 25 years) to work with.’

Key clients

American International Group (AIG)

First American Financial Corporation

Horace Mann

MetLife

CNA Insurance Company

Genworth Financial

Kansas City Life Insurance

Enstar US, Inc.

Milliman

Zurich North America

Work highlights

  • Advised AIG on all of its COVID-19 business interruption claims.
  • Advising Prudential on national life insurance issues, handling dozens of matters a year.
  • Represented a major insurance client in various disputes and lawsuits against a joint venture partner in longstanding disputes involving the joint venture operating agreements, request for dissociation of the joint ventures, claims for breach of the ventures’ operating and management agreements, and claims for breach of fiduciary duties.

O'Melveny & Myers LLP

The team at O’Melveny & Myers LLP handles a variety of high-stakes insurance litigation, ranging from sexual abuse bankruptcy cases to complex reinsurance disputes. Of note is the practice’s role in successfully defending major insurers against plaintiff’s efforts to centralize Covid19-related actions in an MDL  led by co-practice head Richard Goetz in Los Angeles. Also heading up the practice is Tancred Schiavoni‚ ‘a great strategic thinker‘ whose practice includes matters at the interface of bankruptcy and insurance-this is also an area of expertise for Gary Svirsky. Schiavoni and Svirsky are based in New York together with Allen Burton, a litigator with an ‘impressive‘ breadth of practice. The firm’s up-and-coming junior team includes counsel Zoheb Noorani in Los Angeles and associate Janine Panchok-Berry in New York, and was strengthened in October 2021 with a new hire in Philadelphia-based counsel Daryn Rush from White and Williams, who contributes experience in insurance arbitration.

Practice head(s):

Tancred Schiavoni; Richard Goetz

 

Testimonials

‘This is an extremely talented group of attorneys who are dedicated to the insurance space. They are our go-to firm for many of our most significant trials and matters, including COVID business interruption class action litigation. They have an extremely strong presence in LA, as well as in DC and NYC. They work seamless from different offices with great collaboration and mutual respect.’

‘Allen Burton heads up the NY office and has done a great job for us over the past year, taking two arbitrations to final hearing (one int’l in Switzerland, and another involving reinsurance of molestation billings). His breadth of practice is impressive, as is his ability to work with other law firms collaboratively. Zoheb Noorani is an up-and-coming attorney in the LA office who has a lot of trial experience and is a great writer and strategic thinker. He works closely with Rich Goetz, one of the strongest partners for OMM in the LA office. Rich has handled a ton of class actions, including pharma claims… Daryn Rush is a new addition (from White & Williams) who brings decades of reinsurance experience and fills out the insurance practice group very nicely. ‘

Key clients

The Chubb Group

Endurance Specialty Insurance (now known as Sompo International)

Lexington Insurance Company

AXIS Insurance Company

The Starr Companies

TIG Insurance Company

AIG

Westchester Fire Insurance Co.

Century Indemnity Co. (a Chubb company)

Arrowpoint Capital Corporation

Lexington Insurance Company

Work highlights

  • Representing Century Indemnity in the Boy Scouts of America’s Chapter 11 filing, which followed well-publicized claims of sexual abuse and led the effort on behalf of insurers to develop a resolution to this case.
  • Representing 33 insurers in proceedings before the Judicial Panel on Multidistrict Litigation, arguing that a single nationwide proceeding for different claims under different policies against different insurers based on different theories of coverage in response to different government orders issued by different authorities would be a “nightmare.” The JPML agreed and on August 12, 2020 not only denied industry-wide centralization but also rejected the creation of an insurer-specific MDL for Chubb.
  • Represented Chubb Limited, the Swiss parent of the Chubb family of companies, in numerous coverage actions filed in New Jersey, New York, Pennsylvania, Massachusetts, Indiana, Florida, and other states.

Simpson Thacher & Bartlett LLP

In addition to advising clients on issues ranging from data breaches to reinsurance collection, the team at Simpson Thacher & Bartlett LLP handles disputes in state and federal courts across the United States. This includes high-profile coverage disputes as well as complex commercial litigation such as Medicare fraud allegations brought against the insurance industry. The contentious practice is augmented by a strong corporate practice on behalf of insurers. Leading the team is ‘brilliant‘ insurance expert Mary Beth Forshaw together with co-chairs of the global litigation department Jonathan K. Youngwood and Lynn K. Neuner, a trusted advisor of key client Travelers. While Susannah Geltman left the firm in December 2021, the bench also includes Bryce Friedman, who contributes strengths in allegations of fraud and False Claims Act violations and Joshua Polster, who defends against claims relating to biometric privacy violations. Counsel Summer Craig is a notable up-and-comer. All lawyers are based in New York.

Testimonials

‘Mary Beth Forshaw is a rock star. I love her. She is so smart and strategic. She’s a great collaborator. She is a tireless worker and is brilliant. She has beaten me in the past, and I am glad to be working with her now. Bryce Friedman is an impressive strategists and writer. He thinks on another level.’

If you have a major issue, an exceptionally high value or critical claim, Simpson is where you turn. They are expensive, but you appreciate the value of the legal services. They are tremendous writers and do a great job collaborating with co-counsel. They understand and are dedicated to the industry.

Key clients

AIG

American Family Insurance

American Property Casualty Insurance Association

AXA XL

Beazley Group

Berkshire Hathaway insurance subsidiaries, including AmGUARD Insurance Company and National Indemnity Company

Brighthouse Financial

Certain Underwriters at Lloyd’s London

Chubb

FM Global

IFG Insurance Group

New York State Superintendent of Financial Services

Swiss Reinsurance America Corporation and its affiliates

Travelers

Utica Mutual Insurance Company

Work highlights

  • Represented Travelers in a dispute concerning Northrop Grumman’s claims for insurance coverage for a bodily injury purported class action and a natural resource damage claim by the State of New York
  • Represented AmGUARD Insurance Group, Utica National Insurance Group, American Family Insurance Group and FM Global Insurance in connection with insurance claims and commercial litigation arising from COVID-19.
  • Representing Travelers, Berkshire Hathaway, and Chubb alongside other insurers in Medicare fraud allegations against the insurance industry.

Chaffetz Lindsey LLP

New York-based disputes boutique Chaffetz Lindsey LLP regularly puts its international expertise and network to use in matters that take place in Switzerland, the United Kingdom and elsewhere. The insurance practice comprises a wide array of coverage disputes and benefits from the firm‘s expertise in national and international arbitration. The team‘s activities representing clients in reinsurance disputes are also of note. At the head of the practice are four experienced lawyers: Peter Chaffetz, involved in many of the most complex insurance matters; Cecilia Moss  whose expertise includes disputes over arbitrability and enforcement of arbitral awards; Steven Schwartz and Charles Scibetta , who are both described as ‘very experienced reinsurance lawyers who give sound legal and practical advice‘.

Other key lawyers:

Andrew Poplinger

Testimonials

‘I have worked with Steve Schwartz and Charles Scibetta. They are both very experienced reinsurance lawyers who give sound legal and practical advice. I have not had better experience elsewhere.’

‘Steve and Charlie are strategic thinkers. They provide clear, no nonsense advice in timely fashion.’

‘Peter Chaffetz and Andrew Poplinger are very “hands-on” and very accessible throughout our engagement. They worked quickly and efficiently to enable us to meet tight deadlines. They quickly grasped our business priorities and devised a strategy to achieve those goals. Both Peter and Andrew showed an excellent grasp of the industry and they were very well versed in the applications we were making, showing helpful insights which influenced our strategy which delivered an great outcome.’

Key clients

AIG

Allianz/Fireman’s Fund

Chubb

Enstar

Ergo Versicherungs AG

Marsh

Sun Life Financial

Trisura International Insurance (formerly Imagine International Insurance)

Zurich Insurance Company North America

Work highlights

  • Representing AIG in a number of its large, complex insurance and reinsurance coverage disputes.
  • Representing Chubb in three separate coverage litigation disputes.
  • Representing an insurer in two separate European seated arbitrations arising out of US class action settlements.

Choate, Hall & Stewart

The ‘excellent team of professionals‘ at Boston-based Choate, Hall & Stewart has a strong reinsurance practice, while also regularly supporting clients on significant insurance issues, including opioid exposure, coverage for natural disasters, or mass shooting exposure. The practice is well equipped to handle arbitrations, coverage actions and appeals. In particular, its activity with respect to Covid-19 reinsurance and retrocessional matters are of note wherein the team has taken on global counsel roles for high-profile reinsurance clients. Leading the team are David Attisani , an ‘extraordinarily talented reinsurance lawyer‘, Robert Kole, who handles many of the biggest insurance coverage matters of the practice, and J.P. Jaillet , who supports Attisani in the reinsurance space. Principal Kevin Finnerty in Boston is involved in many key matters.

Other key lawyers:

Kevin Finnerty

Testimonials

‘David Attisani again deserves his reputation as a leader in managing complex (re)insurance disputes and litigation. Despite a busy schedule he was always available for calls on short notice and provide concrete and practical advice where requested.’

‘David Attisani is an extraordinarily talented reinsurance lawyer. I would trust ‘bet the company’ cases to him. He is exceptionally skilled, strategic, creative and reliable. I do not know another reinsurance lawyer that can so adeptly manage adversaries. If a case can be won, David Attisani, can win it.’

‘Strong reinsurance practice. Excellent team of professionals all very responsive. Well versed in electronic billing practices.’

‘Extensive experience in reinsurance contracts and principles. David Attisani is a top notch litigator.’

 

Key clients

Swiss Reinsurance America Corporation

Liberty Mutual Insurance Company

Sompo

Chubb

Work highlights

  • Representing Liberty Mutual in connection with all of their opioid exposures nationwide.
  • Advising an insurer on global COVID-19 reinsurance exposures.
  • Advising Sompo on COVID-19 reinsurance claims working with Sompo employees located in New York, London, and Bermuda.

Duane Morris LLP

With a focus on commercial liability, the practice at Duane Morris LLP handles a wide range of insurance coverage and litigation matters, ranging from general liability, asbestos and pollution-related coverage to reinsurance. The practice heads in San Francisco are Max H. Stern, who regularly defends against insurance coverage and bad faith cases, and Brian Kelly , who contributes expertise in toxic torts and environmental claims while practice head Alex Gonzales in Austin plays in a key role on the regulatory side. Richard L. Cohen and Wendy M. Simkulak lead the practice in Philadelphia while Damon N. Vocke heads up the team in New York. Philip R. Matthews is a recognized expert in the insurance space based in San Francisco together with up-and-comer Jessica La Londe.

Key clients

AXA XL Insurance Group

Berkshire Hathaway Companies

C N A Companies

Continental General Holdings LLC

First Insurance Company of Hawaii, Ltd.

GEICO Corporation

Great American Insurance Group

Heritage Title of Austin

Liberty Mutual Group

Lloyd’s Underwriters & London Market Insurers

Resolute Management Company

The Aliera Companies

WR Berkley Companies

Zurich North America Group

Work highlights

  • Represented the insurer in Truck Ins. Exchange v. Kaiser Cement, an insurance coverage trial victory following three phases of bench trial in Los Angeles Superior Court.
  • Represented a client in Brosamer & Wall v. Indian Harbor, et al. (ND Cal.), a coverage and bad faith suit regarding $4.6 million in levee reconstruction costs, with novel issues regarding the scope of coverage for repairs, prior knowledge exclusion and application misrepresentation.
  • Represented Continental General Holdings LLC in insurance regulatory filings and approvals in Texas (home state) and 48 additional states for the acquisition of Continental General Insurance Company from HC2 Holdings.

Kennedys

The growing ‘multi-faceted team‘ at Kennedys handles coverage issues across multiple lines of insurance and reinsurance, including high-profile sport-related cases, sexual abuse, environmental and contamination cases. In the New Jersey office Christopher Carroll , who is experienced in litigation and alternative dispute resolution, heads up the practice together with Meg Catalano who most recently supported clients in major contamination cases while up-and-comer Heather Simpson  has taken part in disputes across the country. The practice has strengthened its footprint in Miami, Pennsylvania and New York. In January 2021 Joshua Mooney and Sean Mahoney joined from White and Williams while Eric Hiller joined from Clyde & Co LLP. Jared Greisman strengthened the team from Goldberg Segalla in February 2021 and Judy Selby joined from Hinshaw & Culbertson LLP in July 2021.

Testimonials

‘The Kennedy’s insurance coverage practice is a leader in the industry. They bring a multi-faceted team that handles the finesse of a mediation session and is also equipped to litigate.’

 

Key clients

Allied World Assurance Company Inc.

Aspen Insurance Holdings Limited

AXA

AXIS Insurance Company

Brit Syndicate Limited

Continental Casualty Company

Crum & Forster

First Mercury Insurance Company

Markel Corporation

The RiverStone Group

Starr Companies

Western World Validus Group

United States Fire Insurance Company

The Hanover Insurance Group

Selective Insurance Company

AIG

Work highlights

  • Represented The RiverStone Group, a claims administrator for TIG Insurance Company, in coverage litigation against USA Gymnastics pending in federal court in the Southern District of Indiana arising from hundreds of claims by female athletes alleging sexual abuse by former USAG-affiliated doctor, Larry Nassar, under the guise of providing medical treatment.
  • Represented a financial corporation in a business interruption claim brought by Member Associations of the YMCA Canadian Urban Group (YCUG) as a result of governmental orders related to COVID 19.
  • Advised an insurer on various subscriptions to a multi-layer non-marine liability insurance program issued to Exxon Corporation in the 1980s.

Cahill Gordon & Reindel LLP

Thorn Rosenthal in New York leads the team at Cahill Gordon & Reindel LLP in representing some of the largest insurance companies worldwide in various insurance and reinsurance disputes. The insurance practice regularly leverages the varied general litigation expertise within the firm. This includes acting for clients in an arbitration relating to a novation of a billion-dollar disability reinsurance treaty, in possible high-volume international subrogation claims and with respect to coverage for sexual abuse claims, with New York-based Joel Kurtzberg a key lawyer representing AIG companies.

Practice head(s):

Thorn Rosenthal

 

Other key lawyers:

Joel Kurtzberg

Key clients

Swiss Re

Starr Indemnity & Liability Co.

AIG

Arch Capital Group Ltd.

Centre/Zurich

Credit Suisse

Work highlights

  • Representing Swiss Re in SDNY with respect to a $100 million insurance layer on the GM E&O program with respect to claims by subprime borrowers against ResCap arising out of lending practices by originators of loans securitized by ResCap.
  • Represented several AIG companies with hundreds of millions of dollars in coverage with respect to coverage for sexual abuse claims arising out of Dr. Tyndall’s role as a gynecologist and Dr. Kelly’s role as a men’s health specialist at the student health clinic at USC.
  • Represented Credit Suisse in numerous disputes relating to financing of large-dollar life insurance policies.

DLA Piper LLP (US)

Praised for its ‘high degree of expertise‘, the practice at DLA Piper LLP (US) is well-equipped to handle large scale insurance and reinsurance disputes including international multi-party and multi-forum matters. In addition to defending against coverage claims, representing insurers in disputes arising out of transactional liability insurance, and advising clients on potential exposure and compliance, the team offers support in high-profile regulatory investigation cases. Michael Murphy  chairs the global practice, and has served as lead counsel for insurers and reinsurers in various complex disputes while Aidan McCormack  contributes expertise in litigation, appellate work, arbitration and alternative dispute resolution. Both lawyers are based in New York.

Practice head(s):

Michael Murphy

Other key lawyers:

Aidan McCormack

Testimonials

‘High degree of expertise, practical, strategic.’

‘The New York insurance team led by Aidan McCormack is truly phenomenal. They know the judges, courts and have extensive relationships with other attorneys in the insurance arena. They also reach out to subject matter experts within DLA Piper when it comes to insurance matters outside of their expertise – such as regulatory experts in other regional offices or leveraging relationships to position the client for the optimal outcome. The team recognizes the right amount of communication with the client and all attorneys are always prepared with possible resolutions and advocating the best option for the client, being mindful of what the client wants to accomplish. The best part of working with the DLA Piper insurance team is that you can trust them and not have to worry about whether they can handle the problems.’

‘The New York insurance team led by Aidan McCormack is phenomenal at identifying DLA Piper expertise to address all insurance issues. Aidan recognizes when it is appropriate to reach out to subject matter experts in different offices if it will achieve the best result for the client. Where Aidan excels is his ability to see “big picture” and providing not just legal strategy but also business advice based upon the client’s objectives.’

 

Key clients

Chubb

Munich Re

AON

Travelers Property Casualty Company of America

Brit Insurance

Artemis S.A.

CNA

Work highlights

  • Representing syndicates and agents in the National Rifle Association v. New York Department of Financial Services Litigation, Governor Andrew Cuomo & Superintendent Maria Vullo et al . litigation.
  • Represented Brit Insurance in a high value insurance coverage and bad faith claim against Lloyd’s and London Market professional liability insurers based on denial of coverage for an underlying legal malpractice claim.
  • Representing a state health insurer in litigation before the Southern District of New York.

Gibson, Dunn & Crutcher LLP

With a team of experienced trial, appellate, crisis management and investigations lawyers, the practice at Gibson, Dunn & Crutcher LLP stands out most recently with its defense of insurers in an array of Covid-19 business interruption claims, some of which have been precedent-setting. More generally the practice includes coverage and bad faith suits, class actions challenging business and employment practices, government and regulatory investigations and litigation, False Claims Act matters and whistleblower allegations of fraud. Los Angeles-based acclaimed insurance litigator Deborah L. Stein co-heads the team with Geoffrey Sigler in Washington DC, who is experienced in defending against class actions as is key lawyer Richard Doren in Los Angeles.

Practice head(s):

Deborah L. Stein; Geoffrey Sigler

 

Other key lawyers:

Richard Doren; Matthew Hoffman

Key clients

Travelers

State Farm General Insurance Company

UnitedHealth Group

Berkshire Hathaway Homestate Insurance Company and Cypress Insurance Company

Mitsui Sumitomo Insurance Co., Ltd.

Mutual of Enumclaw

Zurich American Insurance Company

McDermott Will & Emery LLP

The insurance practice at McDermott Will & Emery LLP helps its broad client base, which includes prominent names in the industry, ‘achieve positive, practical outcomes that make long term sense’. The team handles contentious insurance coverage litigation, reinsurance disputes and offers regulatory advice and representation. Of note is its expertise in captive insurance and risk retention group matters as well as in the insurtech sector. The team is led by Ryan Smethurst, who has a wealth of trial and appellate experience, and Margaret Warner, ‘an outstanding litigator and strategist‘ in Washington DC together with Jane Byrne  in New York, who advises clients in high-value coverage and transactional disputes as well as reinsurance litigation and arbitration.

Other key lawyers:

John Finston; Guyon Knight; Dan Brown

Testimonials

‘Each member of the team has deep practical knowledge in their particular sub-specialty. This makes their legal advice sophisticated and actionable. Very valuable.’

‘John Finston is a go-to for regulatory work. Great instincts honed by lots of experience. First-rate legal mind, first-rate tactician and great strategist. Knows the box well, and also is quite able to think outside it.’

‘The McDermott insurance team offers superior value and is plainly client focused, helping achieve positive, pracial outcomes that make long term sense.’

‘Peg Warner is an outstanding litigator and strategist, always with an eye on an end result that is practical. Ryan Smethurst can take any complex idea and boil it down to enforceable terms in a settlement or contract, always with precision and thought behind each term.’

 

Key clients

Aetna Sutter Insurance Company

AIG

Allianz: Allianz Global Risks U.S. Insurance Company Allianz Reinsurance America Allianz Underwriters Insurance Company

Allied World/Allied World Surplus Lines Insurance Co.

Allstate

American Insurance Company

Associated Indemnity Company

Bamboo ID8 Insurance Services

Brighthouse

Chicago Insurance Company

Chubb

CNA

Coverys

CSAA

Everspan Insurance Company

Fireman’s Fund Insurance Company

First American Title

GeoVera

Guardian Life Insurance Company

Infrassure Ltd.

Level Benefits

Liberty Mutual Insurance Company

MCIC, A Vermont Reciprocal Risk Retention Group

Munich Re America

National Surety Corporation

National Union Fire Insurance Co.

Nationwide Insurance Co.

Nationwide Mutual Insurance Company

NCAA

New Paradigm

Privilege Underwriters Reciprocal Exchange

QBE

Securitas AB and Securitas Holdings Inc. (captive insurer: Securitas Group Reinsurance Ltd.)

Starr Companies

State National

SUNZ Insurance Company

Surplus Line Association fo California

Travel Guard Group, Inc.

Travelers

W.R. Berkley

Wawanesa

Workers Compensation Insurance Rating Bureau

WTC Captive Insurance Company Inc.

 

Work highlights

  • Advised an insurance tech company on its decision to go public via merger with a special purpose acquisition company, handling all aspects of the regulatory approval process.
  • Representing Allianz in consolidated appeals before the Supreme Court of Oregon arising out of their successful 2014 bench and jury trials in Allianz’s massive environmental and asbestos insurance contribution action in Oregon.
  • Represented Munich Re in a declaratory judgment action brought in response to litigation threats made by the estate of Jordan Rodriguez.

Quinn Emanuel Urquhart & Sullivan, LLP

Drawing in the firm’s strong trial and appellate capabilities, the practice at Quinn Emanuel Urquhart & Sullivan, LLP is able to handle high volume matters, such as first-of-their-kind class actions against the United States on behalf of health insurance companies and defending against a high exposure Covid-19 business interruption claim. The group’s expertise also extends to matters involving complex financial products, bad faith, reinsurance and managing general agency agreements. Michael Carlinsky, who is known as an expert litigator, leads the group while key lawyer Corey Worcester’s practice comprises a range of complex commercial actions, including class actions, multidistrict litigations and bankruptcies. Both lawyers are based in New York.

Practice head(s):

Michael Carlinsky

Other key lawyers:

Corey Worcester

Key clients

Counsel for Plaintiff Classes in Health Republic Insurance Co. v. United States And Common Ground Healthcare Cooperative v. United States

Aon Investments USA Inc.

National General Insurance Group

Ambac Assurance Corp.

Waterdrop Inc.

Lexington Insurance Company

AmTrust Financial Services, Inc.; CP Re, Ltd.; ACP Re Holdings; Technology Insurance Company, Inc.

Work highlights

  • Representing in the filing two first-of-their-kind class actions against the United States based on the government’s failure to pay health insurance companies pursuant to the ACA’s risk corridors and cost-sharing reduction programs.
  • Advising Aon Investments USA Inc. regarding losses sustained in various Structured Alpha funds managed by Allianz Global Investors LLC.
  • Advised National General Holdings Corp in a putative securities class action related to the administration of Wells Fargo’s CPI program.

Wiley Rein LLP

With a core focus that spans various forms of professional liability as well as general liability, the Washington DC-based practice at Wiley Rein LLP represents insurers in big-ticket coverage cases through trial and appeal in venues across the country. The team also benefits from its attorneys‘ ties to industry organizations such as the Professional Liability Underwriting Society (PLUS). Daniel J. Standish, a practitioner with over 30 years of experience leads the team together with Kimberly M. Melvin, who has particular expertise at the intersection of insurance and U.S. bankruptcy law. Matthew W. Beato and Edward R. Brown continue to bolster their reputations in the market.

Other key lawyers:

David Topol; Jason P. Cronic; Cara Tseng Duffield; Gary Seligman; John E. Howell; Matthew W. Beato; Edward R. Brown

Key clients

AXA XL

CNA Global Specialty Lines

Allied World Assurance Company

AEGIS Insurance

Hudson Insurance Group

TDC Specialty Underwriters

Swiss RE

Sompo International

Great American Fidelity Insurance

Berkshire Hathaway Specialty Insurance

Work highlights

  • Represented AXA XL (XL Specialty Insurance Company) in First Solar, Inc. v. National Union Fire Ins. Co., C.A. No. N20C-10-156 MMJ CCLD.
  • Represented a party in Joy Global Inc. v. Columbia Cas. Co., No. 2:18-cv-02034 (E.D. Wis.), establishing that a “bump-up” exclusion bars coverage for the settlement of a shareholder suit challenging the acquisition of Joy Global, Inc.
  • Represented a financial services company and obtained dismissal in a lawsuit seeking coverage for settlement of an appraisal action.

Cozen O'Connor

The practice at Cozen O’Connor advises a client base that spans various segments of the insurance industry advice on the rights and obligations of different parties to insurance contracts and helps clients resolve claims. Joseph Ziemianski in Houston focuses on insurance coverage and bad faith litigation involving various first and third party claims, leading the global insurance department together with Melissa Brill who is based in New York. Philip King and Irene Yesowitch  retired in May 2021, while Samantha Evans left the firm in June 2021.

Other key lawyers:

John David Dickenson

Key clients

ACE European Group Limited

Westchester Fire Insurance Company

ACE Property and Casualty Company

Allied World National Assurance Company

Maxum Indemnity Company

Federal Insurance Company

Starr Indemnity & Liability Company

AXIS Surplus Insurance Company

Westchester Surplus Lines Insurance Company

Certain Underwriters at Lloyd’s of London

ACE American Insurance Company

Debevoise & Plimpton LLP

Experienced in a wide range of insurance disputes, the team at Debevoise & Plimpton LLP handles policyholder class actions, securities litigation, ERISA litigation and government investigations. Maeve O’Connor heads up the practice with particular expertise in defending against securities litigation, with recent successes in obtaining dismissals for prominent insurers in securities class actions. Susan Reagan Gittes has represented clients in federal and state courts in a range of litigation and regulatory matters. While both lawyers are based in New York, the firm has expanded its geographic footprint with a new office in San Francisco in September 2021.

Practice head(s):

Maeve O’Connor

Other key lawyers:

Susan Reagan Gittes

Key clients

MetLife, Inc.

Prudential Financial, Inc.

EmblemHealth and subsidiary Group Health Incorporated

Resolution Life

AIG

Work highlights

  • Represented MetLife, Inc. and certain of MetLife’s present and former officers inconnection with a putative shareholder class-action lawsuit pending in Eastern District of New York asserting claims under the Exchange Act based on allegations that MetLife’s practices and procedures used to estimate its reserves for group annuity payments were inadequate, and that MetLife had inadequate internal controls over financial reporting.
  • Represented Prudential and its CEO, CFO and Vice Chair in connection with a securities class action lawsuit and related matters arising from a charge taken in 2019 following the Company’s annual review of its actuarial assumptions underlying its life insurance reserves.
  • Advised AIG on English High Court litigation against the company brought by former employees of AIG Financial Products alleging breach of deferred compensation and special incentive plans.

Freeborn & Peters

The practice at Freeborn & Peters stands out for its reinsurance expertise, which spans arbitration, underwriting, finite reinsurance, claims and allocation, agency and counseling. In addition the team is internationally oriented, acting for London-based, European, and Bermudan companies in US matters. Joseph T. McCullough IV in Chicago draws on deep experience representing insurers and reinsurers in arbitration, court, and administrative proceedings across the United States, and leads the practice together with Sean Thomas Keely  in New York, who acts in insurance industry M&A disputes, class actions and complex reinsurance disputes.

Key clients

AmTrust Financial Services, Inc. and affiliates

Argonaut Insurance Company / Argo US

AXA Liabilities Managers, Inc.

Enstar US

ProSight Insurance

R&Q Reinsurance Company

Wuerttembergische Vesicherung AG

Zurich Insurance, plc (German Branch)

Mayer Brown

Led by Bronwyn Pollock  in Los Angeles, the insurance practice at Mayer Brown is able to draw on the firm’s diverse capabilities to handle a range of insurance litigation. The practice includes class action defense as well as multi-jurisdictional disputes and coverage matters and has been particularly active in Covid-19 related claims with innovative defense strategies. Robert Harrell in Houston has a broad business litigation practice and regularly represents insurers in D&O policy disputes. Yevgeniy Markov joined the firm in June 2021 from Willkie Farr & Gallagher LLP, contributing regulatory expertise.

Practice head(s):

Bronwyn Pollock

Other key lawyers:

Robert Harrell; Yevgeniy Markov

Key clients

First American Title Insurance Company

Chubb Ltd.

AXA XL Group (Catlin Insurance Company)

Beazley

QBE

Work highlights

  • Advising insurance industry clients during the COVID-19 pandemic on a wide array of issues arising in the regulatory landscape that have developed, including coordinating with state regulatory department inquiries and complying with various updates to regulatory requirements.
  • Represented a global insurer in handling all 10 of its COVID-19-related business interruption insurance class actions in the US seeking property insurance coverage under substantial commercial property insurance policies and represented a global insurer in 14 putative nationwide class actions for travel insurance coverage that have been consolidated in a multi-district litigation.
  • Represented a major US title insurance company in several consumer class action cases by insureds and consumers in both trial and appellate courts. These cases have involved title insurance and other products such as natural hazard disclosures, escrow services, employment claims, and Hurricane Katrina related disputes.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

The team at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. is experienced in representing clients in state, federal and bankruptcy courts throughout the country. The practice covers all lines of property and casualty insurance, supporting insurers with very current issues from Covid-19-related claims to coverage issues surrounding sexual abuse and opioid litigation. The firm also has capabilities to handle Bermuda and London arbitrations in addition to matters in the life reinsurance space. Kim Marrkand, who has deep experience in insurance coverage matters, and Nancy Adams lead the practice in Boston. Adams is experienced in supporting primary and excess insurers with coverage matters surrounding commercial, transactional, and personal lines of insurance.

Practice head(s):

Kim Marrkand; Nancy Adams 

 

Key clients

Liberty Mutual Group

Liberty Mutual Fire Insurance Company

Liberty Insurance Corporation

The Netherlands Insurance Compay

Peerless Insurance Company

Ironshore Specialty Insurance Company

Resolute Management Inc.

National Indemnity Company

Allianz

Nationwide

London Market Company Reinsurers

OneBeacon Insurance Company

Arlington Insurance Company

Zurich

Work highlights

  • Representing The Netherlands Insurance Company and Peerless Insurance Company in coverage litigation against its insured in a case that raised significant questions regarding the applicability of a sexual misconduct exclusion to errors and omissions claims.
  • Representing six London market reinsurers in a landmark case against Lamorak Insurance Company in federal court in Massachusetts centered on alleged environmental contamination at a number of sites across the United States.
  • Advising Allianz, on a range of national issues, handling dispute resolution, litigation and counseling in both traditional substantive areas such as asbestos and environmental claims and in emerging areas such as sports-related concussions, pesticides and talc across the nation.

Porter Wright Morris & Arthur LLP

With a clear-cut focus on reinsurance matters, the practice at Porter Wright Morris & Arthur LLP is known for its ‘deep knowledge of the industry and many years of experience‘. The team handles a range of reinsurance disputes for both insurers and reinsurers, providing advice as well as representation at court and at arbitrations. In the Chicago office ‘extremely capable and able trial lawyerIra J. Belcove and Teresa Snider, who focuses on on coverage and allocation, lead the practice. Albert Fowerbaugh retired in January 2021, David Winters left in January 2021, while Mark Schwartz and Charles Leasure left in July 2021 and September 2021 for in-house positions.

Practice head(s):

Ira J. Belcove; Teresa Snider

 

Testimonials

‘Extensive and deep knowledge of the reinsurance industry and adept, efficient handling of arbitrations. Provide efficient support on complicated industry questions.’

‘Teresa Snider is extremely smart, practical and reliable. She takes the time to understand business needs and craft creative solutions.’

‘My experience is with the reinsurance team, which moved over from Butler Rubin a few years ago. They are an extremely diligent and smart group of attorneys. I love that they have strong female lead attorneys, which we do not see enough of in reinsurance.’

‘Teresa Snider has been my point of contact (the two other attorneys on her team left recently – one to go to a client, one to a smaller law firm). She is the best. She is extremely thoughtful and very articulate in advocating positions. She has an amazing presence and command of the room. She is not afraid to tell it to you straight, especially when you have a challenging case, which is refreshing.’

‘Ira Belcove – very knowledgeabe and diligent.’

 

Key clients

Clear Spring Property and Casualty Company

CNA Insurance

North River Insurance Company

Onken’s American Recyclers, Inc.

TIG Insurance Company

United States Fire Insurance Company

The Chubb Group

Work highlights

  • Represented North River Insurance Company and United States Fire Insurance Company in litigation over recoverability of more than $40 million in reinsurance proceeds.
  • Represented TIG Insurance Company in seeking to collect more than $30 million due from a foreign-government owned reinsurer with respect to a confirmed arbitration award.
  • Represented an insurer in litigation against its former managing general agent for Montana workers compensation business with respect to termination of the parties’ relationship.

Rivkin Radler

Rivkin Radler covers a wide range of issues, providing coverage advice and helping clients resolve disputes via litigation, mediation or arbitration. Vastly experienced practice head Alan Rutkin  has resolved a large number of claims involving the environment, energy, and other complex issues. Michael Kotula  is a key lawyer of the team, defending clients against various high-exposure claims including those involving health hazards, toxic torts, construction defects, and sex abuse. All lawyers mentioned here are based in Long Island. Norman Tolle retired in March 2021.

Practice head(s):

Alan Rutkin

Other key lawyers:

Michael Kotula

Key clients

Associated Electric & Gas Insurance Services Limited

Allianz Resolution Management

Ark Syndicate Management Limited

Badger Mutual Insurance

Central Insurance Companies

Crum and Forster Insurance Company

Factory Mutual Insurance Company

Global Indemnity Group

Great American Insurance

Hanover Insurance

Markel Service Incorporated

Metropolitan Life Insurance Company

National General Lenders Service

Nautilus Insurance Group (a Berkley Company)

Preferred Contractors Insurance Company

Primerica Financial Services Inc.

Safepoint Insurance Company

Seneca Insurance

Sentry Insurance

Sompo Insurance

The Cincinnati Insurance Company

The Guardian Life Insurance Company of America

Travelers

Trustmark Insurance Company

Utica National Insurance

Work highlights

  • Representing the Fireman’s Fund’s in the North Carolina Supreme Court regarding the allocation of asbestos and benzene claims, involving past costs of $85 million and potentially tens of millions of dollars in future costs.
  • Advising Allianz on appeal at the Ohio Court of Appeals in a coverage action regarding Sherwin Williams’ $100+ million portion of a Santa Clara Count lead paint nuisance settlement.
  • Representing Badger Mutual in business interruption claims brought by a group of Las Vegas restaurateurs.

Stroock & Stroock & Lavan LLP

The team at Stroock & Stroock & Lavan LLP is led from New York by Michele Jacobson, who focuses on insurance litigation, arbitrations and investigations and Robert Lewin, who is experienced in insurance and reinsurance coverage disputes. Alongside various coverage cases and reinsurance arbitrations, the team also employs its expertise at the intersection of insurance with bankruptcy issues as well as in contentious regulatory matters, displaying ‘industry-deep knowledge‘. Recently, the practice has built on its early role providing Covid-19 guidance as it has defended insurers in various business interruption claims.

Practice head(s):

Robert Lewin; Michele Jacobson

 

Other key lawyers:

Laura Besvinick

Testimonials

‘Relevant and industry deep knowledge with respect to insurance regulatory matters.’

 

Key clients

AIG

Liberty Mutual

Willis North America, Inc (Willis of Greater Kansas, Inc.)

Arrowood Indemnity Company and Arrowood Surplus Lines Insurance Company

Starr Indemnity and Liability Company

Arch Insurance Group/Arch Mortgage Insurance Company and Arch Capital Group Ltd.

Security First Insurance Company

Park Insurance Company

Watford Specialty Insurance Company

Baldon Group

Central States Health & Life Co. of Omaha

Work highlights

  • Representing Arrowood Indemnity Company and Arrowood Surplus Lines Insurance Company in an action against the Kingdom of Saudi Arabia and Al Rajhi Bank for causing the September 11th attacks, which is proceeding as part of a Multi-District Litigation pending in the Southern District of New York.
  • Representing Park Insurance Company in proceedings after the New York Department of Financial Services commenced a petition seeking the liquidation of the client – notably, the matter is the first contested liquidation proceeding in over 25 years.
  • Representing the AIG companies (ASIC, National Union and Lexington) in an action pending in Hudson County, New Jersey Superior Court, in which plaintiffs are suing multiple insurers including to obtain coverage for environmental damages resulting from the release of dielectric fluid into the Hudson River.

Troutman Pepper

Described as ‘practical, creative and zealous advocates for their clients‘, the team at Troutman Pepper represents insurers and reinsurers across the country. The core of the practice spans high value D&O and other complex professional liability claims, general and environmental liability claims, as well as reinsurance matters. In the Washington DC office, Richard Pratt  leads the practice while key lawyer Bill O’Neill focuses on reinsurance arbitrations. Kevin Kiefer is based in Orange County and litigates a variety of insurance coverage issues. DC-based Thomas Kinney joined the partner ranks in January 2021.

Practice head(s):

Richard Pratt 

Other key lawyers:

Bill O’Neill; Kevin Kiefer; Thomas Kinney

Testimonials

‘Kevin Kieffer and his team are practical, creative and zealous advocates for their clients. They can handle a wide range of insurance coverage issues and act in any number of roles. I find they obtain excellent outcomes and do their best to protect their client.’

‘Firm is quite adept in making and focusing arguments re-coverage and bad faith disputes’

‘Kevin Keifer leads the Firm’s efforts in California, a significant forum for insurance matters’

Key clients

Allied World Assurance Company

Allstate Insurance Company

AXA XL

AXIS Insurance, Inc.

Beazley Group

CapSpecialty

Chaucer (syndicate of Lloyd’s of London)

Chubb Group of Insurance Companies

CNA Insurance Companies

Markel Corporation

Navigators Group, Inc. (a brand of The Hartford)

Resolute Management, Inc.

Swiss Re

Tokio Marine HCC

United Educators

Guard Insurance

Munich Reinsurance Specialty Insurance

Work highlights

  • Represented United Educators Insurance in winning an arbitration award finding that the first $100 million in policies did not afford coverage to USC for the claims.
  • Represented an insurer in obtaining a dismissal from a matter involving insurance coverage litigation in the U.S. District Court for the Western District of Pennsylvania in February of 2021.
  • Represented an insurer in coverage litigation involving whether a statutory appraisal action, which assesses the fair value of a merger stock price, constitutes a claim for a “Wrongful Act.”