Insurance and Reinsurance

SGR insurance law attorneys have successfully represented a large cross-section of the participants in the insurance industry at almost every level. Whether the client is an insurer, reinsurer, agent or broker, and whether the matter is transactional, regulatory or litigation-oriented, SGR has a team of lawyers with many years of diverse experience. A more detailed summary of our expertise and success follows.

Regulatory/Corporate. Because the business of insurance is highly regulated, insurance companies require attorneys, such as our team at SGR, who can successfully navigate the hallways of the state regulators. We have represented insurance companies in obtaining licenses to transact insurance business and defended licenses under adverse circumstances. We have formed insurance companies and advised them through the licensing process. We have represented insurance holding companies in the acquisition of insurance companies and obtained regulatory approval for the attendant change of control. We also have significant experience in matters involving insurance company solvency, including public and private regulatory agreements and orders.

Surplus Lines. We have advised surplus lines insurers, alien and domestic, in connection with regulatory requirements concerning their operations. We have also represented surplus lines insurers in a variety of claims and litigation, as well as in M&A transactions, including the sale of a book of business. We also have considerable experience with London Market transactions.

Insurers and Agents. We have significant experience in representing insurers in connection with their relationships with agents and brokers. We have prepared agreements concerning the insurer’s relationship with producers, surplus lines brokers, third-party administrators, and vendors. Because of our extensive experience in arbitrating, mediating and litigating such matters, our agreements are tailor-made to fit the issues that arise from such disputes.

Defense and Coverage. We have advised insurers in connection with all manners of coverage issues, and we have provided defense to insureds in the following major areas: Product Liability; General Liability; D&O and E&O; Environmental Liability; Employment Practices Liability; Construction Surety; and Insurance Company class action defense. Our insurance class action team has been lead counsel in over 70 insurance company class actions over the past 10 years. We are currently, and have recently, litigated insurance class actions in federal and state courts in more than 20 jurisdictions, including Arizona, Delaware, Florida, New York, Ohio, Pennsylvania, and Texas.

Agents and Brokers. We have represented retail agents and brokers, wholesale brokers and surplus lines brokers in connection with their licensing and regulatory compliance issues.

Title Insurance. We have represented national title insurers with respect to regulatory applications in New York and Florida, as well as holding companies seeking to change control of title insurers. We have represented national title insurers and their insureds in all types of litigation involving coverage and claims. In addition, we have defended title insurers in class action litigation.

Policy Creation and Analysis. We have drafted insurance policies and reinsurance treaties for insurers and reinsurers. We have also interpreted insurance policies for insurers and insureds and advised them with respect to coverage.

Reinsurance. We have handled disputes between insurers and reinsurers in both litigation and arbitration. We actively participate in the main reinsurance arbitration organization, ARIAS, and we are familiar with the other arbitration organizations governing reinsurance disputes. We have also represented both the Buyers and Sellers in several different reinsurance company M&A transactions.
Captives. We have experience in the formation of captive insurers, and in advising protected cell captive managers in connection with their business agreements. We have also represented protected cell captive managers in their disputes with their preferred shareholders.

Alternative Risk Transfer. We have advised reinsurers with respect to alternative risk transfer arrangements. In connection with those arrangements, we have drafted reinsurance agreements, retrocessional contracts, general agency agreements, insurance policies, Regulation 114 trust agreements, and various other documents.

Capital Raising/Financing. We have represented a number of insurance companies in both public and private financings, including the use of surplus notes, as well as in capital raising through the sale of equity shares of the Company; and in the divestiture of insurance and non-insurance company assets.

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