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,...