Practice/Industry Group Overview
Edwards Wildman's Insurance and Reinsurance Complex Commercial Litigation team regularly represents insurance and reinsurance clients with respect to their most pressing commercial, corporate and regulatory disputes. Combining in-depth industry knowledge with world class litigation experience, our Insurance and Reinsurance Complex Commercial Litigation team is able to achieve creative and superior results for our insurance industry clients' most complex problems.
We have represented insurance industry clients in a myriad of complex commercial litigation lawsuits, involving all manner of federal and state claims. Our attorneys have a deep understanding of the workings of commercial insurance programs, including premium rate setting practices, underwriting, financing arrangements, collateral requirements, program documentation and retention, claims handling agreements, billings, premium audits and reconciliations, and regulatory compliance. We have defended property and casualty insurers or their affiliated third party administrators against a wide variety of claims including mishandling commercial insureds’ workers' compensation claims, breach of contract, statutory bad faith, negligence, fraud, breach of fiduciary duty, as well as corresponding collection claims against the commercial insured. In addition, we have represented insurers in disputes with other insurers over the terms of complex novation agreements and premium disputes with commercial insurance policyholders, as well as commercial disputes with medical providers over rights and obligations in preferred provider relationships. Our attorneys are also experienced in handling class action matters. Their knowledge has led to the defeat of class actions on matters involving issues of total loss, diminished value, vanishing premiums, silent PPO, insurer use of estimating software or service and material vendors in adjusting claims and auto insurer use of non-original equipment manufacturer parts in repairing vehicles. Many of these cases have been questions of first impression and involved cutting edge issues in class action law.
Our team has advised and defended clients on a range of other issues relevant to the insurance industry, including antitrust, unfair trade practices, consumer fraud, corporate governance, securities, trade secret, ERISA, employment, executive compensation, intellectual property, contract and distribution related matters. We also regularly represent clients in internal investigations and before insurance regulators, state attorneys general, and other governmental regulators, including the SEC.
Our successes in and out of the courtroom have given our attorneys the experience and the knowledge necessary to counsel insurers on litigation avoidance and risk management. A number of insurance companies have sought our assistance in the creation of risk avoidance programs to help minimize litigation exposure through changes in program agreements, business practices and claims handling practices. We regularly review program agreements and conduct comprehensive product line reviews addressing policies and procedures for claim adjudications, denials, appeals and accommodations to lower risks and future exposure. In the courtroom, we have effectively employed strategies for reducing litigation costs by aggressively challenging complaints, deferring expensive merits discovery, and working with our clients to evaluate settlement options and craft strategies to inhibit future claims.