Our lawyers work with our insurance industry clients in a variety of ways. We represent their insureds in virtually every type of lawsuit for which insurance coverage is available. We represent insurance companies directly in bad faith actions, and in high-exposure losses or losses that present unusual or challenging coverage issues. We also have represented insurance companies in recovering defense and indemnity payments from other responsible carriers. We also advise insurance industry clients on policy drafting and interpretation, as insurers attempt to address the changing needs of the marketplace. Our lawyers are active in national bar organizations focused on the insurance industry, and consistently work to stay abreast of legal and industry developments that impact on our clients and our practice.
We regularly represent entities and individuals insured under professional liability policies, GL policies, EPL policies, and other types of casualty policies, including the following types of insureds.
- Insurance agents and brokers
- Nursing homes and long-term-care facilities
- Health professionals
- Temporary staffing companies
- Design professionals
- Corporate officers and directors
- Mortgage brokers
- Real estate brokers
- Property managers
- Construction management companies
- Technology companies
- Educational institutions
- Municipal officials and employees
Insurance Coverage/Excess Exposure/Bad Faith
We represent insurers on a national basis in cases involving bad faith claims, high exposures, complex coverage issues, and claims against co-insurers. Our years of experience in the insurance industry, and our representation of insurance companies on a national basis, provides us with a solid foundation on which to render advice designed to keep our clients moving forward and out of harm’s way. Representative matters include the following.
- Obtained summary judgment for professional liability insurer in coverage action in Massachusetts federal district court involving “professional services” requirement of insuring agreement, in decision affirmed by Court of Appeals for First Circuit;
- Represented professional liability insurer on appeal to Massachusetts Supreme Judicial Court in leading decision delineating an insurer’s duty to defend and affirming insurer’s right to withdraw from defense upon dismissal of all covered claims.
- In action filed in New Jersey Superior Court, obtained declaratory judgment in favor of insurance company on claims for rescission and on insureds’ counterclaims for bad faith, defeating $25 million exposure against insurer client’s $ 5 million policy;
- In New Jersey Superior Court action, obtained declaratory judgment for professional liability carrier that coverage for $10 million professional liability claim lay with successor carrier;
- Negotiated settlement of high exposure bad faith claim against client insurance company, involving negotiations with client’s own insurers at high levels of bad faith coverage;
- Successfully defended $7 million professional liability claim against insurance broker in Delaware Chancery Court, in decision affirmed by Delaware Supreme Court;
- Represented professional liability insurer in declaratory judgment action filed in Utah federal district court, and negotiated successful resolution of case that involved dismissal of bad faith claims;
- Successfully defended a national third-party administrator in a bad faith “failure to settle” action, which was resolved after obtaining partial summary judgment on multiple claims with no payment by the TPA on $2 million excess judgment;
- Successfully organized approximately forty brokers and their carriers in favorably settling $20 million exposure from collapse of Indiana Construction Industry Trust.
Policy Drafting and Interpretation
As a result of our years of experience in handling complex coverage issues, our clients consult with us when they are revising their applications and coverage forms, and to assist in internal discussions as to whether policy language must or should be revised. In rendering this advice, we look backward to issues and cases with which we are already familiar, and try to look forward and anticipate claims and coverage issues that may arise in the future.