Practice/Industry Group Overview
Duane Morris counsels insurers on bankruptcy and reorganization matters, including Chapter 11 filings, advising on the run-off of insurance companies, including insurance buy-back programs, and defending claims by insurance companies in rehabilitation and liquidation, including preference actions.
The bankruptcy lawyers in Duane Morris' Insurance Group represent insurance company clients on a range of issues that result from doing business with troubled companies, and we have litigated bankruptcy-related matters for our insurer clients in cases in both state and federal trial courts and in the appellate courts. Cross-experience in bankruptcy and insurance law provides Duane Morris attorneys with a unique advantage and we commonly take leading roles on behalf of insurers in some of the nation's most prominent bankruptcies involving policyholders facing asbestos, silica, environmental, other mass tort and products-related liabilities. We represent a large number of domestic and foreign insurers in these actions.
Bankruptcy litigation tends to be unusually fast-paced, requiring that motions, oppositions, briefs and objections be filed on tight time frames. Discovery is frequently expedited as well. Our bankruptcy team's deep experience in policyholder bankruptcies allows us to present our insurer clients' views effectively to bankruptcy courts even where the time for discovery, research and writing might seem inadequate to others. And although the ability to brief cutting-edge issues is critical in these cases, so too is the ability to conduct the trial of confirmation hearings and other contested matters.
We also provide advice on structuring transactions to minimize the risk of an insured's bankruptcy and protecting the insurer's exposure, represent insurers in their insureds' bankruptcy cases and advise insurers in structuring and negotiating proposals for post-petition insurance for debtors in possession.
Duane Morris attorneys have had major roles on behalf of our insurer clients in many trials and confirmation hearings.