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    Insurance & Reinsurance

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    Our Insurance & Reinsurance Practice offers comprehensive services to insurance industry participants. We advise across all product lines and sectors of the industry, including highly specialized, global product lines, such as maritime and reinsurance. Because of our global footprint, we are able to represent our clients’ interests in almost every region of the world, including many of the world’s most dynamic markets in Europe, the Middle East, Asia Pacific and Latin America.

    We excel in complex, high-stakes disputes with significant business ramifications, successfully handling precedent-setting litigation and earning an internationally recognized reputation among insurance and reinsurance companies. We represent clients worldwide in litigation in all US, English and French courts, as well as in certain courts in the Middle East and Asia Pacific, and in international tribunals under the English Arbitration Act, ICC and AAA rules. We have achieved success in almost every international procedural and industry setting.

    We champion our insurance clients before government and regulatory agencies, advocating their interests, advising on best compliance strategies and defending them in governmental challenges and investigations. We also assist our clients with their commercial business needs and market opportunities around the globe. We have decades of experience in forming, structuring, buying and selling holding companies, insurance subsidiaries and premium finance companies. We have advised on new market penetrations or withdrawal from old markets both domestically and internationally. In addition, we regularly work with our insurance clients to identify, purchase and sell long-term income producing properties, qualified equity investments and distressed property dispositions.

    Why Choose Us

    We are known for handling highly complex coverage disputes from construction, natural disaster/catastrophe, molestation and advertising injury under side B of Commercial General Liability policies, to life, health and title insurance.

    We are focused on novel and emerging areas of insurance law, including data privacy, cybersecurity and increasing international coordination among insurance regulators. 

    We are the “go to” panel counsel for many of the world’s largest insurers and their insureds in the US and Europe.

    We have access to regulators and policymakers in key global markets, allowing us to handle cross-jurisdictional investigations, enforcement actions and litigation throughout the world.

    We are premier insurance lawyers, including a former General Counsel and a former Chief Legal Officer to several large US insurance companies, and former senior-ranking members of the DOJ’s Antitrust Division.

    We are sought after insurance thought leaders, including:

    • Publishing our internationally renowned Reinsurance Newsletter (a quarterly publication) and our new Insurance and Reinsurance Disputes Blog
    • Addressing novel issues, such as NFL concussion injury cases, cyber risk and US and European data protection and privacy regulation and reform
    • Holding leadership positions and speaking frequently at leading insurance and reinsurance industry events, including those organized by ARIAS•U.S., Mealey’s, BRMA, HB Litigation Conferences, Practising Law Institute, Falconbury, Reinsurance Association of America, Lloyd’s Market Association, AIRROC, American Conference Institute, C5, Perrin Conferences and the American Bar Association

    Litigation and Dispute Resolution

    We are premier insurance and reinsurance litigators and trial lawyers, representing insurers and reinsurers and defending insureds in their most significant and complex trials, arbitrations, mediations and regulatory hearings across the US and the globe.

    Coverage and Claims Litigation

    We regularly represent insurance carriers in first and third-party litigation involving:

    • Advertising injury
    • Insurance insolvency and solvent schemes
    • Aviation, hull and liability claims
    • Allegations of death claims
    • Improper insurance sales/mis-selling practices
    • Viatical claims
    • Regulatory investigations
    • Data privacy and cybersecurity
    • Market conduct examinations
    • Commercial auto
    • Product pricing violations
    • Construction defect
    • Breaches of contract and bad faith actions
    • Employment practices liability
    • International premium fraud and third-world country issues
    • Products liability defense
    • Trade secrets defense
    • Withdrawal from gray markets
    • Environmental claims
    • Unfair claims practices
    • Antitrust actions
    • Unfair and deceptive business practices
    • Suits between health insurers and providers
    • Broker compensation practices
    • Disability or regulatory issues arising out of personnel policies
    • D&O liability
    • ERISA
    • International coverage disputes
    • Employment liability
    • Court appointed umpires for property damage and catastrophic loss claims
    • Shareholder class actions
    • Defense against governmental actions
    • Title insurance claims

    Contingent Liability and Bad Faith Litigation

    We are national and regional contingent liability and bad faith insurance counsel to some of the world’s premier insurance carriers in the US. Our primary areas of focus include:

    • Coverage opinions
    • Counsel on policy issues
    • Pre-suit negotiations and resolution

    Reinsurance

    We are globally recognized as counsel of choice to handle the most complex, sophisticated and contentious reinsurance disputes in court or in arbitration disputes. We have handled disputes across the range of insurance and reinsurance matters, including:

    • P&C reinsurance agreements
    • Facultative reinsurance contracts
    • Life, health and long-term care reinsurance agreements
    • Retrocessional agreements
    • Stop loss and loss portfolio transfer agreements
    • Variable annuity reinsurance agreements
    • Managing general agent and related agreements
    • Broker and Intermediary agreements

    Defending Insureds: D&O Liability and Securities and Shareholder Litigation

    We are D&O panel counsel for some of the world’s premier insurance companies in the US and Europe in their insured’s most significant, bet-the-company class action and individual securities and shareholder lawsuits, involving:

    • Market manipulation
    • Accounting irregularities
    • Anti-money laundering
    • Securities fraud and misrepresentation claims
    • Insider trading
    • Anticorruption and US Foreign Corrupt Practices Act (FCPA) laws
    • Financial fraud
    • Shareholder derivative claims
    • Trustee adversary proceedings
    • Mergers, acquisitions and takeover litigation
    • Failed company claims
    • Anti-terrorist financing laws
    • FDIC litigation
    • Insurance company liquidation
    • Improper disclosure litigation
    • Broker-dealer/market regulation
    • Mismanagement, breach of fiduciary duty and related torts

    Defending Insureds: Products and Environmental Liability

    We are panel counsel for some of the world’s largest insurance companies in representing their insureds in a variety of massive products liability and environmental liability claims.

    Defending Insureds: Employment, ERISA, E&O Liability

    We are panel counsel for some of the world’s largest insurance companies in representing their insureds in a variety of labor and employment class action litigation and high-stakes claims around the globe, including:

    • Wage and hour
    • ERISA
    • Workers compensation
    • Professional liability and errors and omissions (E&O) liability
    • Discrimination and harassment

    Antitrust and Competition

    We counsel, defend and advocate on behalf of insurance and reinsurance companies on all aspects of antitrust and competition law in Europe and the US, including:

    • Workers compensation
    • P&C, including agricultural-related insurance
    • Health insurance
    • Life insurance
    • Vision insurance
    • Insurance brokers
    • Terrorism insurance

    Regulatory Compliance

    We advise insurers, reinsurers, producers and other regulated businesses and their investors and principals before insurance regulatory agencies around the world, covering such issues as:

    • Acquisition and disposition transactions and applications
    • Licensure
    • All manner of hearings before and disputes with regulators
    • Admittance to additional jurisdictions
    • Compliance advice and programs
    • Formation and licensing of new businesses
    • Product and pricing filings and approvals
    • Holding company system and affiliate transactions
    • Investigations and multistate examinations
    • RICO (sales practices) investigations
    • Financial and market conduct examinations
    • Supervisory enforcement

    Public Policy and Legislative Counsel

    We provide insurers, managed care organizations, employers, employer groups and trade associations with a range of legislative and public policy services at the state and federal levels in the US, as well as in front of legislative bodies and regulatory authorities around the globe, including the European Commission and the government of Saudi Arabia.

    Corporate and Transactional Work

    We work closely with insurance industry clients around the globe to identify and act on new business and market opportunities, including:

    • Company formation, structuring and corporate governance
    • Mergers, acquisitions and dispositions
    • Liquidations, rehabilitations and solvent and insolvent run-offs
    • Demutualization and privatization
    • Capital markets transactions
    • Captives and self-insurance
    • Catastrophic risk pools and financing
    • Health insurance, managed care, social insurance programs and prescription programs

    Real Estate Investments and Development

    We provide insurance companies with all aspects of real estate investment and development counsel, globally, to realize their long-term income-producing real estate investments and leverage tax incentive programs. Our focus includes:

    • Low-income housing and historic rehabilitation tax credit practices in the US
    • Structuring and documenting qualified equity investments in, for instance, certification of Community Development Entities (CDEs) and advising on debt-leveraged equity investments made by multiple investors and lenders
    • Combining New Market Tax Credits (state and federal), historic tax credits and other traditional public finance techniques
    • Land and property development, construction and management

    Data Privacy and Cybersecurity Insurance

    We work with insurers and their insureds in the US, Europe and Asia Pacific on evolving regulations and issues relating to cybersecurity, data breach and privacy coverage issues, risk mitigation, investigations and litigation, including high-profile coverage disputes, D&O exposure and consumer litigation as a result of cyberterrorism, phishing scams, disgruntled employees, natural disasters or regulatory non-compliance and violations. We actively monitor cybersecurity legal developments as directed by the Federal Trade Commission (FTC) and US state regulators, European Data Privacy Directive (EDPD) and the Asia Pacific Economic Cooperation (APEC).

    We aggressively respond to breaches through the use of the Computer Fraud and Abuse Act to obtain injunctive and other relief. We not only litigate such claims, but also advise our insurance and reinsurance clients on risk assessment and policy or treaty wording. Members of our team work closely with the US Department of Homeland Security, US Federal Communications Commission and European Commission.

    Title Insurance

    In the US, we have significant experience representing the title insurance industry, insured purchasers and lenders in all aspects of title insurance coverage and related title claims litigation. We routinely represent title insurance underwriters in analyzing lien priorities, clearing titles to conform to the insurance coverage and prosecuting claims of agent defalcations or agent error. When needed, we have litigators at hand with an impressive track record of recovery for underwriters and reconciling issues related to breach of contract, bad faith, denial of coverage, breach of implied covenant of good faith, fraud and tortious interference, breach of fiduciary relationship, conversion and negligence, preference, fraudulent conveyance and “deepening insolvency,” as well as handling civil and criminal investigations.

    Life Insurance

    In the US, we represent many of the country’s leading life insurance companies in all types of litigation, including coverage disputes, premium finance, vicarious liability, suitability and 1035 replacements. Clients turn to us for novel and complex issues, such as fraudulent death cases, where our global footprint allows coordinated investigation and litigation in third-world countries and obtaining admissible evidence for use in US courts. We have represented life insurance clients in multistate regulatory and parallel state attorneys general investigations in diverse matters ranging from compliance, sales practice and marketing, to vanishing premiums and industrial life-related issues. We work with our clients in establishing nationwide claims and liability settlement programs.

    Maritime, Transportation and Logistics Insurance

    We are one of a few global law firms with market-leading lawyers dedicated to the global maritime, transportation and logistics industry and who have extensive experience in related insurance products. This rare combination of global footprint and industry skill gives insurance clients a significant advantage in terms of “one-stop-shop” client service efficiencies and expertise for all product lines. With maritime lawyers based in London and New York, the world’s two principal maritime markets, and lawyers across Asia Pacific, including Hong Kong and Singapore, and in Latin America, we have significant experience and familiarity with maritime regulators and customs to effectively represent our insurance clients’ interests in all parts of the world. Our expertise includes advice and litigation in the full range of marine insurance coverage, such as P&I, hull and machinery, increased value and excess liabilities, loss of hire, marine cargo, pollution liability, charter’s liability, marine bumbershoot, marine general liability, commercial general liability, stevedore, terminal operator’s and wharfinger’s legal liability, builder’s risk and ship repairer’s legal liability, war risk and disputes with marine insurance brokers.

    Health Insurance

    We represent leading US-based health insurers in US and non-US health insurance laws. In the US, historic federal and state legislative reforms are requiring health insurers to remodel their businesses, stimulating growth and consolidation for efficiencies, and subjecting them to sharply increased exposures to governmental enforcement, penalties and private civil liabilities. We represent health insurance clients in navigating sweeping changes in governing statutes and regulations and advocating on their behalf in legislative and regulatory arenas in the formulation of new or amended laws and rules. We also help clients address market expansion and diversification initiatives, including acquisitions and de novo market entry, and help them address disputes with provider networks, including terminated providers. We guide clients on competition and antitrust compliance and defend clients on purported violations, and aggressively defend clients in False Claims Act law suits, including qui tam actions and related internal investigations, as well as lawsuits claiming wrongful benefits denial and alleged.

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    • Ranked in Chambers USA and Chambers Global 2018 for Insurance Dispute Resolution (New York), with the following lawyers receiving individual recognition:
      • Paul Kalish, Washington DC – Recognized for work nationally and in Washington DC in insurance and reinsurance (Band 2)
      • Larry P. Schiffer, New York – Recognized for reinsurance arbitrations, coverage and insurance insolvency matters in New York (Band 2)
      • Mark D. Sheridan, Newark – Recognized for insurance coverage litigation in New Jersey (Band 3)
      • Deirdre Johnson, Washington DC – Recognized for reinsurance in Washington DC (Band 4)
      • Suman Chakraborty, New York – Recognized as an “up and comer” for reinsurance arbitration
      • Carole Sportes, Paris – Recognized for insurance coverage litigation as it relates to aircraft products liability (Band 3)
    • Finalist, Insurance Team of the Year 2018, Business Insider
    • The Legal 500 United States 2018 Firm ranked for “Insurance: Advice to Insurer (national).
      • Larry Schiffer listed as “Leading Lawyer” in New York
    • The Legal 500 Europe, Middle East & Africa 2018 Firm recognized as a Recommended Firm in Insurance in France.
      • Carole Sportes and Valérie Ravit recognized as “Leading Lawyers” for Insurance in France
    • Recognized by Who’s Who Legal 100 2018 as leaders in Insurance & Reinsurance:
      • Deirdre Johnson (Washington DC), Paul Kalish (Washington DC), Larry P. Schiffer (New York) and Carole Sportes (Paris)
    • Listed by U.S. News & World Report for Insurance in its top tier for “Best Law Firm” in 2016 and 2017, both nationally firmwide and regionally for New York City
    • Recipients of numerous awards for expertise and lifetime achievement, including the Andrew C. Hecker Memorial Award, American Bar Association, Tort Trial & Insurance Practice Section, 2014-15