Insurance and Reinsurance

The insurance industry powers the global economy and uniquely responds to global events, from pandemics to natural disasters and geopolitical conflicts. It’s also proven responsive to technological advancements, social inflation (and correspondingly high jury verdicts), and climate change concerns. With so much instability in today’s world, insurance disputes have grown in size and complexity. What once were straightforward matters have become sophisticated, high-stakes disputes. Whether you’re seeking to establish coverage, defend against damaging claims, obtain a recovery, or recuperate from fraud, we can build a strategy that minimizes risk and exposure while keeping your business objectives front and center.

Our Capabilities

We field one of the leading insurance and reinsurance teams in the country, with leading lawyers in our London office as well. Major players on all sides of the industry – particularly those in the property/casualty reinsurance and life reinsurance arenas – turn to us for representation in disputes of the highest complexity, including bet-the-company cases with exposure in the billions. We regularly evaluate coverage under a wide range of policies and reinsurances, including property, casualty, commercial general liability, excess, directors and officers, professional liability, and representations and warranty policies. Additionally, we’re experienced at handling bad faith disputes involving insurers, as well as other industry stakeholders such as TPAs and brokers, in some of the toughest jurisdictions in the United States. When appearing before arbitration panels, judges, and juries, we serve as determined advocates, developing arguments that will resonate with adjudicators and secure the results your company depends on.

Insurers, reinsurers, agents, and brokers count on us to add value to their business. We develop first-class contract wordings from scratch – often in emerging areas like parametric (re)insurances – to preserve your interests, whether in a hardening or softening (re)insurance market. The group’s lead London partner is the creator of ReWord, an award-winning reinsurance clause database used by dozens of reinsurers and brokers worldwide. Our advisory services cut across multiple lines, ranging from general liability, products liability, and professional services liability to property, umbrella, environmental, directors and officers, life, and disability coverage. When disasters have threatened to put significant strain on our clients, we’ve been in the trenches with them, providing up-to-the-minute advice and advocacy on claims such as those related to COVID-19 and the California wildfires. 

Our Approach

When you’re knee-deep in a (re)insurance dispute, you need legal counsel that can go the distance. While we prepare every case for the eventuality of trial – providing clients with significant leverage in negotiations – we seek to identify cost-effective alternatives that let you resume business as usual, as soon as possible. Clients also benefit from our longstanding involvement in the arbitration community (including ARIAS), which has earned us a global reputation for credibility.

When you need us, we’re there, wherever that may be. Our clients include London-based (re)insurers who operate stateside, as well as American insurers with interests in the London market. From our Chambers-ranked offices in Chicago, New York, and London, we have “capacity to handle any cross-border matter” (Chambers USA). And no matter what time zone we’re in, we do everything in our power to exceed your expectations for communication and response. If there’s a development in your case, we let you know immediately – and we tell you the support we’re prepared to provide for it. Our lean staffing allows us to stay nimble, even in the face of the unexpected. Though our team members work from different offices, we all “function as one team in support of each other” (Chambers USA), coming together to solve your most critical disputes and get your business back on track.

Our Credentials

We know the (re)insurance business inside and out. We also have the “ability to comprehend very esoteric issues” (Chambers USA). That makes for a winning combination in complex litigation scenarios. We have advised and represented clients in resolving issues related to claims and allocation, underwriting questions, finite reinsurance, collateralized reinsurance, parametric covers, rescission, and more. When we say we’re at the forefront of the industry, we mean it – our team includes two of the only 11 lawyers in the United States who are ranked by Chambers nationwide for reinsurance. Altogether, our understanding of the relationships, customs, and practices that govern the insurance industry, coupled with our efficiency and client-centric approach, delivers value that clients are hard-pressed to find anywhere else.

What We Do

Reinsurance Disputes
We advise and represent both reinsurers and cedents in litigation and arbitration. Our docket spans bet-the-company cases involving hundreds of millions or billions in potential damages to smaller disputes concerning questions that would substantially affect clients’ business. Our team is experienced at preparing cases and effectively pursuing them not just through discovery, but to a final verdict at trial or award in arbitration. Along the way, we provide business-focused advice that enables you to evaluate your case and achieve the best resolution. We have successfully tried cases in courtrooms and arbitration hearing rooms involving:

• Natural catastrophe covers
• Life reinsurance issues
• Long-term care insurance
• Legacy reinsurance products like loss portfolio transfers and adverse development covers
• Rescission of contracts for fraud and material nondisclosures
• Managing general agency and program reinsurance business
• COVID-19 reinsurance claims

Defense and Coverage
We advise insurers in connection with all manner of coverage issues:

• Construction surety
• D&O and E&O
• Employment practices liability
• Environmental liability
• General liability
• Insurance company class action defense
• Product liability

Policy Creation and Analysis
We draft, interpret, and advise on the coverage of insurance policies and reinsurance treaties for insurers and reinsurers.