Insurance: advice to insurers in United States
Clyde & Co LLP's insurance practice has an extensive domestic footprint, with nine US offices. The team advises on a full spectrum of claims and disputes. The department handles issues in the energy, environmental, fine art, cyber, aviation, and marine sectors, as well as on general liability, accident and health insurance, and financial guaranty insurance. Chicago-based Eileen King Bower heads the team, and has extensive experience as lead litigation, trial, and appellate counsel, including in many long-tail environmental and asbestos insurance coverage matters. In New York, Paul Koepff handles insurance coverage and reinsurance disputes.
Other key lawyers:
‘Eileen King Bower was truly a master of the domain-specific insurance questions involved’
Dentons handles complex coverage, bad faith claims, investigations, commercial litigation, and overall risk management. The team has a strong record in 'bet-the-company' matters, in defeating class certification, and in disposing of class allegations at the earliest stages of litigation. Recent cases included coverage regarding abuse claims and opioid litigation, and the California group (led by Ronald Kent) has extensive experience in matters relating to wildfires. The group also specialises in Long Term Care insurance disputes and in reinsurance disputes and arbitration. Chicago-based practice co-head Keith Moskowitz has experience in catastrophic and mass tort claims, including opioid, oil spill, and natural disaster claim litigation. Shari Klevens litigates high-exposure bad faith claims, and also heads the practice from Washington DC. Sonia Martin acts as managing partner of the firm's Oakland and San Francisco offices.
First American Financial Corporation
Metropolitan Life Insurance Company
CNA Insurance Company
- Represented Berkshire Hathaway Companies in five claims.
- Handled class actions stemming from alleged data security vulnerability and consolidated class actions over alleged overcharging of insurance premiums on behalf of First American Title Company.
- Acted as lead counsel to AXA XL in an insurance coverage action relating to opioid litigation.
- Represented CNA in insurance coverage actions relating to public nuisance claims brought against lead paint manufacturers.
- Represented Milliman in defending against numerous actions arising out of the failure of various state health insurance co-operatives that were established under the Affordable Care Act.
Simpson Thacher & Bartlett LLP’s insurance practice focuses on primary coverage matters and excess insurance, including bad faith allegations, terrorism-related coverage, data breach and crime coverage, residual value policies, environmental issues, and natural disasters. Other key offerings include the investigation of business practice issues in the insurance sector such as allegations of fraud, shareholder lawsuits, false claims, and data breach. Practice head Mary Beth Forshaw handled a lawsuit on behalf of Travelers against Northrop Grumman over coverage for pollution-related losses dating back to the 1930s. Susannah Geltman and counsel Summer Craig represented national insurers in asbestos and environmental coverage litigation. Bryce Friedman advised the underwriters of Lloyd’s of London in connection with a ransomware attack on a health information technology company. All lawyers are based in New York.
AIG and its affiliates
Beazley Group and its affiliates
Berkshire Hathaway Reinsurance Group, National Indemnity Company and their affiliates
Burlington Northern Santa Fe Insurance Company
IFG Insurance Group
New York State Superintendent of Financial Services
The Travelers Companies and its affiliates
Certain Underwriters at Lloyd’s London, Equitas and their affiliates
Utica Mutual Insurance Company
- Represented Travelers, a primary insurer of Johnson & Johnson, with respect to claims filed against Johnson & Johnson over its talc-containing products.
- Defended Travelers in class action cases brought by putative Medicare Advantage Organizations seeking to recover conditional payments under the MSPA.
- Represented Travelers in an ongoing action for declaratory relief brought by Montrose Chemical Corporation over environmental contamination allegations.
- Defended Travelers in connection with claims arising for Travelers’ provision of a ‘wrap-up’ insurance program to the Bethlehem Steel Corporation, which applied only to specified contractors and work performed at specified locations.
- Defended Travelers against claims for coverage brought by lead paint manufacturers after being found liable in public nuisance claims.
The practice at Cahill Gordon & Reindel LLP focuses on coverage litigation, with recent cases relating to fidelity bond claims, sexual abuse claims, and malpractice insurance disputes. The team also has extensive experience in commercial, antitrust, and securities litigation. New York-based Thorn Rosenthal, who heads the practice, represented Swiss Re in the Bankruptcy Court for the Southern District of New York with respect to claims by subprime borrowers arising from loans securitized by ResCap. Joel Kurtzberg, also in New York, recently advised several AIG companies on coverage for sexual abuse claims at USC.
Other key lawyers:
Starr Indemnity & Liability
- Represented Starr Indemnity & Liability in a fidelity bond claim arising out of diversion of premium and claims funds from warranty program business.
- Represented Swiss Re with respect to billions of dollars of claims against the Kingdom of Saudi Arabia arising out of 9/11 in the MDL in the Southern District of New York.
The Boston-based insurance group at Choate, Hall & Stewart focuses on complex disputes and high exposure matters, including natural disasters, financial reinsurance, life and annuity reinsurance, variable annuities, pharmaceutical-related litigation, opioids, sexual abuse and ‘reviver’ claims, and long-tail matters, principally in connection with asbestos and environmental pollution. ‘Exceptional litigator’ David Attisani advised CNA in connection with all of its exposures relating to clergy sexual abuse and molestation claims. Robert Kole represented Liberty Mutual in connection with their opioid exposures in the US involving over 1,000 lawsuits. Attisani, Kole, and J.P. Jaillet, who has represented insurers, reinsurers, and private equity firms in business and coverage disputes, jointly head the practice.
Other key lawyers:
‘David Attisani is an exceptional litigator’
‘David Attisani leads an unparalleled insurance litigation team.’
Swiss Reinsurance America Corporation
Liberty Mutual Insurance Company and Liberty International Underwriters
Starr Surplus Lines
The Hartford Companies
- Represented Swiss Re in a lawsuit in a federal court in Puerto Rico related to losses arising from Hurricanes Maria and Irma.
- Represented Liberty Mutual in connection with class action lawsuits alleging that Lumber Liquidators sold Chinese laminate flooring with excess amounts of formaldehyde.
- Acted as enterprise counsel for Swiss Re in connection with the Las Vegas/MGM mass shooting.
- Represented PartnerRe in an employee raiding and theft of trade secrets case.
- Represented Liberty Mutual in a class action lawsuit in Connecticut brought over allegations of crumbling foundations of homes.
Duane Morris LLP
Duane Morris LLP has a core practice representing commercial liability insurers in general, excess, and professional lines and has a particularly strong office in San Francisco. Other areas of focus include asbestos and pollution claims, class action, liquidation and insolvency, marine claims, and reinsurance. Max Stern, who is experienced in commercial and high-end residential real estate litigation, leads the practice from San Francisco with Brian Kelly, who represents product manufacturers in proceedings relating to environmental impacts and regulations. Philip Matthews, who counsels insurers and reinsurers concerning complex toxic torts and mass tort litigation, is recommended. Together with Stern, Jessica La Londe advised the First Insurance Company of Hawaii in coverage and bad faith litigation related to dozens of sexual abuse claims filed against the Roman Catholic Church of Hawaii.
‘Duane Morris has a deep and talented bench of insurance lawyers who have a high dedication to client service’
American Centennial Insurance Company
AXA XL Insurance Group (Greenwich, Indian Harbor, XL Specialty)
California Insurance Guarantee Association
First Insurance Company of Hawaii
Great American Insurance Group
Liberty Mutual Insurance Group
London Market Insurers
The Travelers Companies
WR Berkley Companies
Zurich North America Group
- Represented Indian Harbor Insurance Company (an AXA XL company) in a claim over lead in soil from Pitzer College.
- Represented American Centennial Insurance in a pollution coverage case brought by Montrose Corporation.
- Represented Indian Harbor Insurance Company in a breach of contract and bad faith claim with respect to an underlying copyright infringement case.
- Represented Indian Harbor in a breach of contract and bad faith claim with respect to an underlying music industry licensing fee antitrust case.
O'Melveny & Myers LLP focuses on insurance coverage litigation, with particular strengths in major environmental and mass tort coverage actions. In this area Richard Goetz represented Century Indemnity Company in a $15m coverage claim from the Santa Clara Valley Water district over mercury contamination in the Guadalupe River watershed, with assistance from counsel Zoheb Noorani. Both are based in Los Angeles. The team is highly experienced in bankruptcy matters and New York-based practice chair Tancred Schiavoni represented National Union and Lexington in the talc-driven bankruptcy of Imerys as successor to the operations of Cyprus Mines. Other areas of work include property and casualty insurance and life insurance.
‘Among the pre-eminent insurance-side counsel particularly in mass tort and attendant bankruptcy Chapter 11 proceedings’
ACE American Insurance Company (now The Chubb Group)
AXIS Insurance Company
Century Indemnity (a Chubb company)
The Chubb Group
Endurance American Specialty Insurance Company (now Sompo Holdings)
The Starr Companies
TIG Insurance Company
Lexington Insurance Company
Brandywine Holdings (a Chubb company)
- Represented Chubb Group’s Federal Insurance in a dispute over the proper interpretation of a common property-insurance provision.
- Represented Chubb Group on a coverage claim worth $100m arising from a high-profile settlement of an underlying coverage action in West Virginia.
- Represented TIG in ongoing coverage disputes with Montrose Chemical arising from Montrose’s manufacture and distribution of DDT, including Montrose’s indemnity claims arising from contamination of the Los Angeles Harbor.
- Represented Chubb Group in its coverage litigation against Conagra, Sherwin Williams, and Nl Industries for liabilities arising out of lead paint manufacture and sales, and with an insurance coverage issue related to litigation involving Arch Coal and other insureds.
- Represented ACE insurance in several cases pending in the New York Supreme Court arising from claims that Brooklyn Union Gas Company and Long Island Lighting Company, now subsidiaries of National Grid, had polluted a number of manufactured gas plant sites decades earlier.
Quinn Emanuel Urquhart & Sullivan, LLP
Quinn Emanuel Urquhart & Sullivan, LLP’s New York-based insurance and reinsurance practice specialises in high-value coverage and bad faith disputes. The team deals with a full range of underlying coverage issues, including property and casualty, directors and officers, life, mortgage and business interruption insurance disputes, as well as matters involving reinsurance, complex financial products, and managing general agency agreements. Practice co-chairs Michael Carlinsky and Jane Byrne represented National General Holdings in its defense of more than a dozen lawsuits alleging that Wells Fargo auto loan borrowers were charged for collateral protection insurance that they did not need.
Allied World Assurance
Axa Corporate Solutions
National General Insurance Group
Columbian Mutual Life Insurance
Protective Life Insurance
- Represented Allied World against American Claims Management in a bad faith action pending in the Southern District of California, relating to a professional liability claim.
- Represented Allied World in the defense of an insurance coverage dispute arising from a series of shareholder class action complaints filed against Onyx Pharmaceuticals.
Steptoe & Johnson LLP
The Washington DC-based team at Steptoe & Johnson LLP handles a wide range of coverage disputes relating to drug manufacturers, hazardous products, environmental disasters, and professional liability. Practice co-chair Harry Lee focuses on long-tail claims, particularly relating to asbestos and pollution. Other representative matters include insurance coverage liability disputes over environmental contamination, where co-chair Frank Winston specializes, and pharmaceutical claims. Antonia Ianiello served as lead counsel to Zurich Insurance Company in a major coverage action over personal injury claims brought against Smith & Nephew by over 1,000 persons who allegedly were implanted with defective knee replacement devices. Roger Warin is experienced in claims involving property and business interruption claims, and as an appellate advocate. James Rocap focuses on complex civil litigation and is currently working on long-term football and hockey concussion claims.
‘Their knowledge of the industry is unparalleled’
- Represented AIG against Waste Management and Waste Management Hawaii (collectively, Waste) in connection with criminal charges against Waste and two of its employees under a Pollution Legal Liability Select Policy.
- Represented Zurich Insurance Group in connection with all litigation arising out of the contamination of drinking water in Flint, Michigan. The plaintiffs assert claims of over $1bn.
- Represented National Union Insurance Company in a California asbestos insurance coverage and cost-sharing bench trial.
- Represented Travelers in multi-party litigation in North Carolina State Court involving alleged coverage for thousands of asbestos-related bodily injury claims under 60-plus excess insurance contracts issued to the policyholders’ predecessor companies and spanning decades of coverage.
- Represented an AIG entity, the National Union Fire Insurance Company of Pittsburgh, PA, in a coverage action pending in New Jersey state court arising from what Merck alleges as a ‘network interruption resulting from a malware infection’ in June 2017.
New York-based Chaffetz Lindsey LLP is an insurance litigation boutique. The practice has handled coverage litigation relating to asbestos, environmental, financial guaranty, workers’ compensation, and insolvency matters, including cases against liquidators and cut-through endorsement claims by policyholders. Charles Scibetta and Cecilia Moss advised AIG on coverage litigation stemming from three underlying lawsuits alleging that Getty and others are liable for contaminating groundwater in New Jersey, Pennsylvania, and Maryland. On the reinsurance side, Peter Chaffetz and Steven Schwartz acted as appellate counsel to a reinsurer in a pending appeal of a $66m jury verdict concerning allocation of asbestos losses. In addition, the team has extensive experience in disputes arising out of mergers and acquisitions of insurance companies.
Other key lawyers:
Zurich Insurance Company, North America
Great American Insurance Company
Sun Life Financial
Trisura International Insurance (formerly Imagine International Insurance)
- Represented AIG in multiple state court litigations over lead paint claims.
- Represented Imagine International Reinsurance Limited in litigation regarding representations and warranties in a Commission Purchase Agreement.
- Represented AIG in litigation to recover facultative reinsurance proceedings from Equitas.
- Defended Zurich American Insurance Company in a policyholders’ claim for alleged breach of contract and breach of duty of good faith.
The New York team at DLA Piper LLP (US) handles coverage litigation relating to cyber insurance, fraud, personal injury, product liability, toxic and mass tort, environmental claims, and bad faith claims against insurers. The team has experience in representing industry clients in class action litigation, with practice co-chair Michael Murphy currently defending Catalina Holdings in a price fixing case alleging that Catalina conspired with bailbond agents and industry trade groups over a period of 30 years. Prakash (PK) Paran also co-chairs the practice. Aidan McCormack is recommended for ‘complex and high value cases.’
‘Whenever we call with problems, we all feel as though we are their only client’
‘Aidan McCormack is thought of as the go-to attorney for our most complex and high value cases’
Hudson Structured Capital Management
International Australia Group
- Acted is lead counsel on behalf of Lloyd’s of London in a case brought by the NRA alleging a conspiracy amoung regulators to deprive the NRA of its ability to procure insurance.
- Represented Senior Health Insurance Company of the State of Pennsylvania over mismanagement of policyholder reserves entrusted to Beechwood by SHIP.
- Represented Houston Casualty company in coverage litigation relating to an accident at a construction project.
- Represented Pacific Indemnity Company concerning its allocable share of indemnity costs incurred by the Oregon Department of State lands for pollution clean-ups.
- Represented underwriters at Lloyd’s of London in insurance coverage litigation sought by Maritz Holdings under two cyber policies.
The insurance team at Hogan Lovells US LLP handles high-exposure coverage litigation in connection to matters including product recalls, environmental contamination, cybersecurity, and governmental investigations. Philadelphia and Washington DC-based David Newmann is the key contact.
Other key lawyers:
Kennedys’ insurance litigation practice has handled coverage issues involving environmental, toxic tort, asbestos, construction, advertising liability, product liability, and cyber matters. Christopher Carroll is currently advising the RiverStone Group, as claims administrator for TIG, in coverage litigation against USA Gymnastics arising from claims by female athletes alleging sexual abuse by Larry Nassar. ‘Exceptionally skilled counsel’ Heather Simpson is assisting on the case and has experience handling insurance claims relating to class action and mass tort litigation asserted against various sports leagues. Carroll and Simpson are based in Basking Ridge, New Jersey. The firm also has significant practices in New York, Chicago, and Philadelphia.
Other key lawyers:
‘Smart team of creative thinkers’
‘Heather Simpson is an exceptionally skilled counsel’
Allied World Assurance Company
Aspen Insurance Holdings
AXIS Insurance / Novae Group
Brit Syndicate Limited
Crum & Forster Insurance
The RiverStone Group (client since 1999)
Western World Validus Group
Seneca Specialty Insurance
The Hanover Insurance Group
Conifer Insurance Company
- Reprsented Hudson Speciality in a case that Consolidated Rail Corporation filed against its excess insurers over $18.4m spent on replacing a bridge damaged in a train derailment.
- Served as designated liaison counsel in coverage litigation against the National Football League arising from allegations over concussions and sub-concussive impacts.
- Represented RiverStone Group in connection with a claim for coverage relating to environmental claims asserted against Duke Energy Carolinas over coal-fired power plants.
- Represented Allied World and XL Insurance Company in declaratory relief actions brought by MGM out of lawsuits arising from the Las Vegas shooting.
- Represented Columbia Casualty Company in cyber risk coverage litigation against a Califronia hospital system. The litigation relates to a data breach release of electronic private healthcare patient information.
The team at McDermott Will & Emery LLP has had a strong year in high-stakes trials and appeals, acting both for major US insurers and global reinsurers, as well as for specialty insurance entities including captive insurers and risk retention companies. Active across a wide variety of insurance incidents and liability issues, the team is often involved matters reflecting some of the market's most highly publicized trends, recent examples of which include sexual abuse claims involving the Catholic clergy, allegations arising out of the #MeToo movement, and environmental incidents. Of particular note, firm-wide insurance head Margaret Warner achieved victory for The WTC Captive Insurance Company in the dismissal of 138 claims relating to the debris removal effort at Manhattan's Ground Zero. Ryan Smethurst and Mark Collins co-head the insurance litigation and counseling team.
WTC Captive Insurance Company Inc.
Securitas AB and Securitas Holdings Inc.
Allianz Global Risks U.S. Insurance Company
Allianz Underwriters Insurance Company
Liberty Mutual Insurance Company
National Hockey League
Allianz Reinsurance America
Fireman’s Fund Insurance Company
Associated Indemnity Company
Chicago Insurance Company
National Surety Corporation
Guardian Life Insurance Company
Nationwide Mutual Insurance Company
American Insurance Company
MCIC, A Vermont Reciprocal Risk Retention Group
- Acting as lead counsel to Allianz in consolidated appeals before the Supreme Court of Oregon arising out of its successful 2014 bench and jury trials in Allianz’s massive environmental and asbestos insurance contribution action in Oregon.
- Represented National Surety Corporation in a US District Court insurance coverage litigation brought by Siltronic Corporation, a silicon wafer manufacturer with environmental liabilities, against its primary and certain of excess general liability insurers.
- Acting for WTC Captive Insurance Company – a federally funded captive liability insurer set up in the aftermath of 9/11 to insure the City of New York and its contractors against claims arising out of the rescue, recovery and debris removal effort at Ground Zero – in relation to the dismissal as moot of 138 claims based upon a prior settlement by the plaintiffs in 2010.
- Represents the NHL in the negotiation, implementation, and administration of its league-wide temporary total disability insurance programs that insures the most highly compensated players.
- Represents Allianz Global Risks US Insurance Company in multi-party insurance coverage and bad faith litigation brought by the Boy Scouts of America in Dallas, Texas.
Sidley Austin LLP
Sidley Austin LLP handles insurance disputes relating to life and ERISA class actions, reinsurance or retrocessional claims, insurance insolvencies, and cybersecurity claims. The key names are practice co-leaders William Sneed and Ellen Dunn, based in Chicago and New York respectively.
Squire Patton Boggs deals with insurance and reinsurance coverage disputes involving professional liability, life and health, long-term care, variable annuity, general liability, surety, product liability, employment discrimination, and environmental matters. The team also handles domestic and international proceedings, including London and Bermuda arbitrations, and is particularly strong in Bermuda Form arbitrations. Other core strengths include coverage issues related to US policy on Iranian sanctions, cybersecurity, and consumer data breaches. Reinsurance litigation-focused Deirdre Johnson co-heads the practice from Washington DC with Columbus-based Patricia Hatler and Mary Jo Hudson, who specialises in life insurance and financial regulation policy development.
Ohio CHamber of Commerce
Aultcare Insurance Company and Aultcare Health Insuring Corporation
Ohio Association of Health Plans
Nationwide Mutual Insurance
- Represented Munich Re in a products liability insurance coverage action filed by Fountaine Pajot in a French court.
- Represented Zurich in a lawsuit pending in Illinois arising out of claims of improper handling of workers’ compensation claims.
- Represented the Ohio Chamber of Commerce in connection with formation and licensure of a self-funded multiple employer welfare arrangement (MEWA) to offer small group coverage throughout the State of Ohio.
- Acted as counsel for the Coalition for Litigation Justice, a group formed by property and casualty insurers to address abuses and inequities in the current toxic tort litigation environment.
- Represented Allianz in a North Carolina declaratory judgment action involving alleged property damage caused by the disposal of ash.
Wiley Rein LLP
The Washington DC-based insurance practice at Wiley Rein LLP focuses on disputes arising from professional liability, cyber insurance, general liability, bad faith matters, and insurance appellate matters, and also has a strong offering in policy drafting and product development. Kimberly Melvin focuses on the intersection of insurance and bankruptcy law, and represented Tokio Marine HCC in connection with a D&O claim arising out of the leveraged buyout of the Tribune Company which saddled the company with debt leading to its bankruptcy. Melvin leads the practice jointly with Daniel Standish, who specialises in complex coverage disputes involving professional liability.
Allied World Assurance
Bershire Hathaway Specialty Insurance
QBE North America and QBE Europe
RLI Insurance Company
Tokio Marine HCC
- Represented XL Specialty Insurance in coverage litigation arising from investor claims filed against UBS Financial Services after the collapse of the Puerto Rican bond market.
- Represented Berkshire Hathaway Specialty Insurance in a dispute over the amount of insurance coverage available for a UK regulatory investigation.
- Represented Tokio Marine HCC in litigation arising out of SunTrust’s loan origination, securitization, mortgage servicing, and foreclosure practices.
- Represented Genesis Insurance Company in Michigan State University’s lawsuit seeking coverage through excess general liability policies for the settlement of Larry Nassar-related sex abuse claims.
- Represented AXA XL in coverage litigation arising out of the Aequitas Holdings Ponzi scheme.
Cozen O'Connor represents primary and excess insurers, reinsurers, third-party administrators, managing general agents, insurance brokers and agents, and independent adjustment companies. The team handles matters relating to bad faith claims, casualty and specialty products, professional liability, property insurance, and reinsurance. The group’s expertise in underlying coverage issues includes pollution, food contamination, pharmaceuticals, construction, and sexual misconduct claims. Joseph Ziemianski in Houston and Melissa Brill in New York co-chair the practice, along with Deborah Minkoff and Eric Freed in Philadelphia, and Seattle-based Thomas Jones.
Maximum Indemnity Company
Federal Insurance Company
ACE European Group Limited
Westchester Fire Insurance Company
Allied World National Assurance Company
ACE Property and Casualty Company
- Represented Maxum Indemnity Company in a case over a policy issued to a subcontractor of Motiva Enterprises.
- Represented Chubb in coverage litigation arising from a claim over faulty products filed against Sapa.
- Defended Federal Insurance Company in a claim for the recoupment of defense costs paid and insurer bad faith, based on the insurer’s alleged failure to monitor the conduct of underlying defense.
- Represented ACE European Group in coverage litigation arising from property damage to the Cascade-Chinook oil and gas fields in the Gulf of Mexico.
- Represented Westchester Fire Insurance Company in coverage litigation related to three consolidated actions alleging injury by exposure to mercury at a chlor-alkali plant.
Debevoise & Plimpton LLP has a strong niche offering in disputes involving life insurance companies. The practice also handles government investigations, securities litigation, policyholder class actions, coverage disputes, ERISA litigation, and reinsurance arbitrations. Another focus is follow-on litigation arising from regulatory investigations. New York-based Maeve O’Connor heads the team and recently defended six insurers in a qui tam lawsuit filed against them in the New York Supreme Court alleging over $14.5bn in damages. Susan Reagan Gittes, also based in New York, is highly experienced in civil insurance litigation and regulatory defense.
Other key lawyers:
American International Group
Federal Reserve Bank of New York
John Hack Life Insurance
Life Insurance Council of New York
Metropolitan Life Insurance Company
- Represented MetLife in connection with a putative shareholder class action lawsuit challenging MetLife’s practices with regard to payment of death benefits and escheatment of unclaimed death benefits.
- Represented MetLife in a putative shareholder class action lawsuit 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 MetLife and Metropolitan Life Insurance Company (MLIC) in a class action lawsuit asserting claims under state law for unjust enrichment, restitution, and accounting based on allegations that MLIC failed to adequately pay group annuity benefits to certain individuals who had not responded to the company’s outreach efforts.
- Represented Prudential in ERISA litigation regarding the establishment of retained asset accounts to settle benefits for life insurance proceeds paid under two group life insurance plans.
- Represented EmblemHealth and its subsidiary Group Health Incorprated in a qui tam suit under the False Claims Act and in a class action in which the plaintiff alleges that Group Health Incorporated misrepresented the level of reimbursement provided for out-of-network services under an insurance plan sponsored by the City of New York for its employees and retirees.
Freeborn & Peters LLP
Freeborn & Peters LLP specializes in reinsurance-related matters, including underwriting, claims and allocation, finite reinsurance, counseling, and arbitration. The team has significant experience in the legacy and run-off markets and in cross-border disputes, particularly for European and Bermudan companies in disputes in the US. The practice is headquartered in Chicago and also has offices in New York, Tampa, and Richmond. Chicago-based Joseph McCullough jointly heads the team with Sean Thomas Keely in New York.
Amtrust Financial Services
Argonaut Insurance Company
AXA Liabilities Managers
The Hartford Steam Boiler Inspection and Insurance Company
R&Q Reinsurance Company
- Represented Global Reinsurance Corporation of America in a dispute over its liability under facultative insurance certificates.
- Represented Excess and Treaty Management Corporation in a suit brought by UticaMutual seeking to recover alleged liabilities relating to facultative reinsurance certificates.
- Defended Equitas Insurance in a lawsuit seeking to recover from Equitas under facultative reinsurance purchased in the Lloyd’s market.
- Represented AmTrust in defending a lawsuit brought by Labor Law for breach of contract, tortious interference, unfair competition, breach of the covenant of good faith and fair dealing, unjust enrichment, and quantum meruit.
- Represented Iris Re, a Bermuda reinsurer that provides catastrophe reinsurance, in a dispute relating to a wind swap contract under which payment would be triggered if third-party administered wind stations measured sustained hurricane wind speeds exceeding an agreed speed.
Gibson, Dunn & Crutcher LLP
Gibson, Dunn & Crutcher LLP is strong in defending insurers against healthcare-related class actions and has a record of defeating class certification. On behalf of Aetna, Los Angeles-based Richard Doren secured a denial of a motion for class certification in an ERISA breach-of-fiduciary-duty lawsuit in the Western District of North Carolina. Adam Offenhartz in New York and Deborah Stein in Los Angeles co-chair the practice. Stein is experienced in coverage disputes, cybersecurity litigation, and False Claims Act investigations. The team also represents property and casualty, health, liability, and auto and workers’ compensation insurers. The practice is based in California but also has offices in New York and Washington DC.
Connecticut General Life Insurance Company
AIG-subsidiary The Variable Annuity Life Insurance Company
PacifiCare Life and Health Insurance Company
Berkshire Hathaway Homestate Insurance Company
Cypress Insurance Company (Berkshire-affiliate)
National Liability & Fire Insurance Company (Berkshire-affiliate)
Oak River Insurance Company (Berkshire-affiliate)
Coventry Health & Life Insurance
- Represented The Variable Annuity Life Insurance Company in a suit over annuity funds in the West Virginia Teachers Retirement System.
- Represented Coventry Health & Life Insurance in an appeal over Medicaid reimbursement.
- Represented Cigna in litigation brought by a chiropractic healthcare provider refused payment for suspect services.
- Represented United in a putative class action covering how mental health claims are paid.
- Obtained the dismissal of a putative class action alleging that National Liability & Fire Insurance Company failed to reimburse Medicare Advantage organizations.
The team at Mayer Brown handles coverage disputes, class action defense, governmental investigations and internal reviews, commercial insurance litigation, and has represented insurers and their trade groups in appeals in federal and state courts. Key contacts are David Alberts and Stephen Rooney, both based in New York.
Porter Wright Morris & Arthur LLP
The Chicago-based insurance team at Porter Wright Morris & Arthur LLP focuses on reinsurance. The team has experience in long-tail injury liabilities including asbestos, healthcare liabilities, natural catastrophes, workers’ compensation and abuse claims, and in disputes associated with managed care, finite risk, annuity, surety, and title insurance. The department also handles disputes arising from claims handling, insolvency, and retroactive reinsurance transactions. Ira Belcove, who specializes in traditional and finite reinsurance, co-chairs the department with coverage and allocation expert Teresa Snider.
‘Excellent background in reinsurance disputes and great knowledge of potential arbitrator candidates’
Continental Casualty Company
North River Insurance Company
Old Republic Insurance Company
Onken’s American Recyclers
TIG Insurance Company
United States Fire Insurance Company
- Represented American Casualty Company of Reading, Pennsylvania and Continental Casualty Company in a reinsurance dispute arising out of a large warehouse fire.
- Represented TIG Insurance Company in litigation and related negotiations to enforce an arbitration award confirmed to judgment against a foreign reinsurer that is wholly-owned by the Republic of Argentina.
- Defended North River Insurance Company and United States Fire Insurance Company in an action that was filed in the Superior Court of New Jersey involving a dispute over liability for outstanding reinsurance billings and to recover amounts previously paid.
- Represented Onken’s American Recyclers in a dispute concerning the validity of an arbitration clause in a reinsurance participation agreement.
- Represented North River Insurance Company and United States Fire Insurance Company in a reinsurance breach of contract action.
Rivkin Radler’s New York-based practice has a strong offering in risk advisory and dispute resolution, including litigation, mediation, and arbitration. Alan Rutkin leads the team, and works on major claims often involving energy and the environment. Other key names are Michael Troisi, who has a niche in cases involving arson and fraud, William Savino who litigates class actions, and Michael Kotula who defends insurers against high-exposure claims involving environmental pollution and toxic tort. New clients include Navigators, Enstar, and Amerisure Insurance Company.
Great American Assurance Company
Amtrust North America
Kinsale Insurance Company
Mitsui Sumitomo Marine Management
Houston International Insurance Company
Chartis Panel Management
The Seneca Companies
Amerisure Insurance Company
- Represented Fireman’s Fund Insurance Company in a case concerning coverage costs arising out of asbestos-related claims against Johnson & Johnson.
- Represented Allianz in coverage litigation over natural resource damage from perfluorinated chemicals.
- Represented Great American in the Sapa Extrusions product liability coverage action.
- Represented Fireman’s Fund Insurance company in coverage litigation arising from a claim for pollution clean-up costs following a gasoline leak.
- Represented Fireman’s Fund in coverage litigation following underlying claims in a benzene health hazard action.
Stroock & Stroock & Lavan LLP
The insurance practice at Stroock & Stroock & Lavan LLP focuses on high-exposure insurance and reinsurance matters, with a strong track record in reinsurance disputes. Areas of expertise include disputes involving comprehensive general liability, excess and umbrella liability, workers’ compensation, and financial guaranty and performance bonds. The team also has experience in handling regulatory contentious matters. Practice leads Robert Lewin and Michele Jacobson represented Park Insurance in opposing liquidation in a case pending in the New York Supreme Court. Lewin and Jacobson are based in New York, but the group also has a Miami office.
Arrowood Indemnity Company and Arrowood Surplus Lines Insurance Company
Prosperity Life Insurance Group
Starr Indemnity and Liability Company
Arch Insurance Group/Arch Mortgage Insurance Company and Arch Capital Group
Willis North America (Willis of Greater Kansas)
Security First Insurance Company
Park Insurance Company
- Acting on behalf of Starr Indemnity and Liability Company, seeking a declaration in New York State Court that one of Starr’s insureds is not entitled to coverage under two excess liability insurance policies issued by Starr, for an underlying proceeding pending against the insured in the UK.
- Representing Willis North America in D&O coverage litigation arising from a lawsuit against Kentuckiana Medical Center for breach of contract and various fiduciary duties.
- Represented Arch Insurance group in a lawsuit filed by National Healthcare Associates arising from alleged misrepresentation of a captive cell reinsurance program.
- Represented National Union in an action seeking recovery of unpaid recoverables.
- Represented AIG in a first-party property bad faith dispute.
Troutman Pepper handles D&O liability claims involving securities and derivative litigation, professional liability coverage, hedge fund and financial institution claims, and high damages employment matters, in addition to ERISA, antitrust, and bankruptcy litigation. The team has handled coverage matters arising from opioids, tobacco, asbestos, soccer concussions, and environmental contamination. Richard Pratt, who focuses on litigation and counseling for insurers in mass tort lawsuits, jointly leads the practice with professional liability expert Charles Jones. Both are based in Washington DC, though the group also has offices in New York and Orange County.
Farmers New World Life Insurance Group
Osprey Underwriting Agency
Starr Surplus Lines
Lloyd’s of London
- Represented XL in two litigations arising from claims for coverage by the NFL from allegations of concussions and mild traumatic brain injury.
- Represented XL in litigation over coverage for pollution emanating from Exide Corporation’s battery recycling plant near Los Angeles.
- Represented Tokio Marine HCC in a litigation arising from a purported wage and hour class action.
- Represented NORCAL Mutual Insurance Company in a breach of contract and bad faith case.
- Represented United Educators Insurance in litigation with the University of Southern California arising from underlying sexual abuse allegations.