Practice Areas & Industries: Edwards Wildman Palmer LLP

 




Insurance & Reinsurance Litigation Return to Practice Areas & Industries

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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.


Articles Authored by Lawyers at this office:

An Illinois Appellate Court Again Refuses to Recognize that Innocence Does Not Bar Rescission of an Insurance Policy
Patrick Frye, January 07, 2014
Illinois law permits rescission of an insurance policy if, in negotiating for the policy, the insured made an innocent, but material, misrepresentation.

NAIC: Bermuda, Germany, Switzerland and UK Now Qualified for Reduced Collateral Requirements
Amber S. Mills,Nick Pearson, January 06, 2014
On December 18, 2013, the National Association of Insurance Commissioners (NAIC) approved four jurisdictions as "Conditional Qualified Jurisdictions," meeting its year-end goal for expedited review of certain jurisdictions. The four jurisdictions are Bermuda, Germany, Switzerland and the...

Solvency II†- ECIROA Raises Concerns Over Solvency II for Captives
Kimberley Cottrell,Chris Finney, December 26, 2013
The European Captive Insurance and Reinsurance Owners’ Association (ECIROA) has written to the Internal Market and Services Directorate General of the European Commission, and the European Insurance and Occupation Pensions Authority (EIOPA).

UK: Notification of ‘Circumstances’ Need Not Specify An Incident
Ajita Shah, December 20, 2013
The Court of Appeal in European Risk Insurance Company HF v Collette Ann McManus & Ors [2013] EWHC 18 (Ch), has upheld a High Court judge’s decisions to a) refuse declaratory relief and b) award the claimants 60% of the costs of the hearing, stating that the first instance judge had given...

EU: European Insurance and Occupational Pensions Authority (EIOPA) Reports on the Need for Regulatory Scrutiny of the ILS Market
Jane Elphick, December 19, 2013
In its latest report on the financial stability of the continent's insurance and pensions industry, the European Insurance and Occupational Pensions Authority (EIOPA) has expressed the need for close regulatory scrutiny of the insurance-linked securities (ILS) market to ensure it does not threaten...

An Indiana Court Allows a Bad-Faith Claim Even Though the Insurer Denied Coverage Correctly
Patrick Frye, December 18, 2013
Until last week, Indiana courts were strict in their treatment of an insurance bad-faith lawsuit. Not only must the plaintiff show ill will by the insurer, he must show that the insurer denied coverage wrongfully. E.g., Foster v. State Farm Fire & Cas. Co., no. 1:10-cv-20 (N.D. Ind. Aug. 17,...

California Adds New Hazardous Financial Condition Regulations
Barry Leigh Weissman, December 16, 2013
Effective January 1, 2014, the California Department of Insurance has added six new regulations to Title 10 of the California Code of Regulations. These can be found at Title 10, Chapter 5, Article 22 Sections 2598 through 2598.6. The purpose of the new regulations is to provide the Insurance...

UK: Supreme Court Refuses a Stay of Proceedings, Allowing Insurers to Pursue Damages for Breach of Settlement and Jurisdiction Agreements
Jane Elphick, December 13, 2013
The Alexandros T [2013] UKSC 70 concerned the application of Articles 27 and 28 of EC Regulation 44/2001 (the Brussels Regulation). Where proceedings are issued in more than one Member State and involve the same cause of action, Article 27 requires any court other than the first seised to stay...

California Court of Appeal, Third District Holds In-House Attorney May Be Liable for Malpractice for Failing to Warn Employee About Conflict
Nora A. Valenza-Frost,Barry Leigh Weissman, December 06, 2013
The California Court of Appeal, Third District, in Yanez v. Plummer, 2013 WL 5915639, Cal. Ct. App. 3d Dist., No. C070726 (Nov. 5, 2013) recently held that a former employee deposed in connection with a co-worker’s personal injury suit may pursue malpractice claims against in-house counsel...

The Seventh Circuit Puts an End to Litigation Attacking the Cost of Force-Place Insurance
Patrick Frye, November 25, 2013
In Cohen v. American Security Insurance Co., the Seventh Circuit rang the death knell on mortgagors’ lawsuits complaining about the cost of force-place insurance bought by the mortgagors’ bank. When a bank makes a loan and takes a mortgage, the mortgagor’s real estate often is...

UK: English High Court Denies Attempt to Relitigate Issues Already Decided in Arbitration Proceedings
Russell Anderson, November 25, 2013
In Arts & Antiques Limited v Peter Richards & Towergate London Market Limited & Zurich Insurance Plc [2013] EWHC 3361 (Comm), the Court struck out claims by Arts and Antiques Limited (A&A) which sought to relitigate issues that were subject to a binding arbitration award.

UK: English High Court Rules on the Application of a Follow the Settlements Clause
Mark Everiss,Sam Tacey, November 25, 2013
The case of Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting Ltd [2013] EWHC 3362 (Comm) concerned losses suffered by a Thai subsidiary of Tesco plc arising out of severe floods in Thailand in 2011. The Tesco subsidiary claimed for losses of approximately £125m under various...

The Federal Reserve Board Seeks to Cement its Status as a Global Regulator of Insurance; Applies for Membership with the International Association of Insurance Supervisors
Alfred J. Kritzman, November 06, 2013
On October 25, 2013, the Board of Governors of the Federal Reserve System (the “Board”) applied for membership with the International Association of Insurance Supervisors (“IAIS”), a voluntary membership organization of insurance supervisors and regulators from nearly 140...

California Appellate Court Issues Bad Faith Duty to Settle Opinion
Gregory D. Pendleton, October 29, 2013
On October 7, the California Court of Appeal, Second Appellate District, held that a liability insurer, in the absence of any demand or settlement offer from a third party claimant, need not initiate settlement negotiations or offer its policy limits, even where liability is clear and there is a...